Last September 7, the Plenary of Congress decided to suspend for 120 days without benefit to the ungrouped parliamentarian Freddy Diaz Monago, who is accused of having allegedly committed rape against a worker in his office.
The Ethics Commission started the investigation against Diaz Monago after knowing the fact, which was perpetrated in one of the offices of the Legislative, located in the jirón Azángaro, in the Center of Lima. Days before the national representation issued its decision on the case, the working group approved the final report against the legislator and recommended suspending it for almost four months.
An important point to address is the object of investigation that started the Ethics Commission against Freddy Díazsince it was given for having violated the articles 1 and 4 of the Code of Parliamentary Ethics.
Code of ethics. Photo: document/dissemination
Specifically, due to the events that occurred “on the 26th and early morning of July 27, the date on which the coDenounced ingressor would have ingested alcoholic beverages (…) together with his worker; and in those circumstances he would have had sexual relations with said worker”.
Object of the investigation initiated by the Ethics Commission against Freddy Díaz. Photo: document/dissemination
Freddy Díaz: why was he suspended 120 days for drinking liquor and not for the rape complaint?
The constitutional lawyer Omar Cairo explained that the Ethics Commission does not have the competence to “punish crimes”, but yes for a disciplinary fault. In this context, Congressman Freddy Diaz He is accused of having committed an alleged sexual abuse against a Legislative worker, which implies a crime.
“The Ethics Commission and the Plenary they are not competent to punish the crime, and rape is a crime. What it sanctions are disciplinary infractions. In this case, it could have been due to having ingested liquor in the workplace. Whether the conduct he is accused of was criminal or not, that cannot be decided by Parliament or taken as the basis or basis for a sanction.. That does not imply that Congress has forgiven him, but rather that he has no jurisdiction, ”he explained to La República.
In this sense, the lawyer explained that the only institution that can punish this type of crime is the Power of attorney. Likewise, he mentioned that the working group cannot sanction him for the allegation of alleged rapesince the parliamentarian has the presumption of innocence.
“For Peruvian law, even though it is evident to many that this has happened, that will be determined in the Judiciary“, held.
A similar opinion is held by the criminal lawyer Liliana Calderonwho indicated that in the parliamentary ethics regulations “there is no causal provision that suspend the exercise of congressional functions if it has been denounced”.
“Any congressman could be denounced for any crime, and that means that they have to go through a whole process to determine their responsibility. Then, under that could not be suspended”, he explained for this medium.
The specialist stressed that, if the working group had sanctioned him for the alleged violation against him, he would be charged with a crime ahead of time, so Díaz Monago could have argued that he is in the middle of a tax investigation. It is here where the presumption of innocence.
Is the violation against Freddy Díaz possible?
the constitutionalist Omar Cairo pointed out that the lawlessness against Freddy Diaz it is unfairsince, currently, congressmen do not have the parliamentary immunity.
“The immunity consisted in lifting parliamentary immunity so that the Judiciary could prosecute him. Now, it no longer exists, there is no lawlessness to perform. Simply, if a judge determines his arrest, the congressman goes to jail without the need for authorization from Parliament,” he explained.
In that sense, he stressed that “what they call lawlessness now is the constitutional complaint with which they would try to make a political trial to remove him for the alleged violation “
cairo indicated that preliminary trials and political trials are carried out by constitutional offenses in the exercise of their parliamentary functions; however, in this case, the subject of the sexual violation is an issue that is not related within that framework.
