Pedro Castillo insists on his request for a lifetime pension before Congress: he presented an appeal | Coup | Congress Alberto Fujimori | Ollanta Humala | PPK | Martin Vizcarra | principle

On April 11, 2024, the Parliament, by letter N°543-2024-DRH.DGA/CR, announced the inadmissibility of Castillo Terrones’ initial request. Act No. which created a lifetime pension for former presidents. Congress pointed out that article 2 of 26519 establishes that if the beneficiary is constitutionally charged, this right is suspended until a court verdict declares him innocent.

In February 2023, the legislative branch recognized the constitutional impeachment against the professor and authorized the creation of a criminal case against him for the crimes of criminal organization, as a leader, bad influence and collusion.

After concluding preliminary investigations in the cases known as Petro-Peru, the Ministry of Transport (Tarata Bridge) and the Ministry of Housing (cleaning works in Anguia and other provinces), the constitutional complaint was presented by the then Nation Attorney Patricia Benavides. , and include former ministers Juan Silva and Keynor Alvarado.

Arguments on appeal

In an appeal presented to Parliament, Castillo Terrones Make five arguments. In one of them he highlighted that he was vacated on December 7, 2022, and from the next day “he has already acquired the right to pension for life”. The constitutional impeachment against him was approved in mid-February 2023. It has been more than two months since he left power.

He pointed out that before parliament approved the initiation of criminal proceedings against him, he already had a right to pension and “to ignore it later would be arbitrary and illegal”.

read more: Congress paid Alejandro Toledo more than S/1.4 million in pension over the past six and a half years.

In that regard, he referred to the Constitutional Court’s judgment no. 00050-2004-AI/TC cited reason 107 where it was held that access to pension is “an element of the essential content of the fundamental rights of man”. person.”

Castillo He stated that he has not been convicted of any crime charged against him.

“That is, I still enjoy the presumption of innocence. Therefore, my being restricted from my pension rights is disproportionate and arbitrary, especially if I have minor children, and my liberty has been taken away. I have income to meet my basic needs such as paying Essalud, optional insurance, medications and others. No,” he insisted.

Finally, the former Head of State upheld the Administrative Law, whereby Congress Rejected his request, saying “it violates fundamental rights”. PensionPresumption of innocence, non-discrimination and others.

Former Defense Secretary Walter Ayala is the lawyer signing the appeal Castillo Before the Legislature.

Overview

Constitutional lawyer Alejandro Rospigliosi pointed out to El Comercio that the appeal presented by the former president “does not have any constitutional or legal anchor”. In the second instance, he added, Parliament should declare “your demand unacceptable”.

Rosbigliosi said the same arguments Congress used to reject Castillo’s request in the first place also apply to former President Alberto Fujimori, who recently requested access to a lifetime pension.

During the Toledo administration (2001–2006), Congress approved a series of constitutional impeachments against Fujimori for acts of corruption, covering up the escape of Vladimiro Montesinos, and the Colina Group’s crimes in Barrios Altos and La Cantuda.

“Equal cause, equal right […] Abolishing the lifetime pensions of former presidents is essential. Former Presidents of the Republic deserve ethical respect and a place in Peru’s history books. But public resources are wasted in their name, which are rare in Peru,” he said.

For his part, constitutional lawyer Heber Joel Campos said “we must not forget that Congress approved his pretrial” in the case of former President Castillo.

“It is currently being processed based on that measurement. As stated in Act No. 26519, he will receive a life pension only if he is declared innocent,” he explained to this newspaper.

More info

Former presidents Alejandro Toledo, Ollanta Humala and Pedro Pablo Kuczynski receive pensions from Congress of S/15,600 each month. He first faces oral proceedings for allegedly receiving bribes from Otbrecht for work on the Southern Interoceanic Highway.

Humala is also facing an oral hearing for allegedly receiving contributions from Odebrecht for his 2011 campaign, and is being investigated for conducting PPK for the Brazilian company after serving as head of MEF in the Toledo government.

Former presidents Manuel Merino and Francisco Sacasti did not have this benefit, the Constitutional Commission, Law no. 26519 in a statement explaining that it established that the pension applies only to elected heads of states and not to the President of Congress. He assumes office by constitutional succession.

Former President Martin Vizcarra also did not receive a pension from Congress, which disqualified him for 10 years after approving a constitutional complaint for “Vacunagate.”