By writing, The Ombudsmanwho drives Joshua GutierrezMembers asked Appellate Chamber Review Ban on leaving the country for 18 months of Nadine Heredia Ordered by Judge Richard Concepción Carhuancho and take into account the former first lady’s right to health.
The Ombudsman Referred to the Second National Court of Criminal Appeals for evaluation Banned from leaving the country for 18 months of Nadine Heredia Alarcon It was released on June 28 this year for money laundering.
Through a letter sent to the Department of Justice on 10th August, Mr OmbudsmanDirected by Josué Gutiérrez, asked the members Appellate Chamber Review the action issued by Judge Richard Concepción Carhuancho. In that document, the ombudsman asks that the former first lady’s right to health be taken into account.
On this request, the Appellate ChamberHigh Justices Magallanes RodrÃguez, Medina Salas and Guillen Ledesma responded to the ombudsman, stating that “no authority can resolve cases pending before the Court or interfere with their activities (…)”.
It should be noted that although the duty of upholding a person’s constitutional and fundamental rights is within the ombudsman’s prerogatives, such powers do not allow the courts to prescribe interpretations of the norms constituting the legal system. Authorized person.
Powers of Ombudsman
For a criminal lawyer Fernando Silva The action taken by the Ombudsman, in principle, attends to situations of violation of the fundamental rights of a group of people of a general nature. Similarly, “it can deal only with situations of violation of fundamental rights (of a person) of a particular nature, but the situation is final and there is no other instance to appeal.”
“The Office of the Ombudsman may participate, intercede, show interest or act on behalf of the aggrieved party. When a legal action is pending, as in Mrs. Heredia, the Office of the Ombudsman cannot plead, show interest or intervene. In that case, the intervention of the Office of the Ombudsman is illegal and at worst self-interested.” , especially if the ombudsman has a professional and public relationship with the former first lady,” Silva La Rosa said.
Remember that, the second referee National Criminal Court of Appeal The decision was unanimous The resolution issued should be set aside By the judge Richard Concepcion Carhuancho At the end of June. In the resolution, Heredia Alarcon’s practical conduct was deemed sufficient as no breach of the previously imposed code of conduct was proven.
