Pedro Castillo will remain in prison: PJ’s reasons for rejecting his sister’s constitutional appeal seeking his immediate release | Coup | Judiciary | CLOSURE OF CONGRESS | principle

Pedro Castillo He will be remanded in custody at Barbadillo Prison in Aet. He Authorized person (PJ) rejected the request for the immediate release of the former President of the Republic presented by his sister Irma Castillo Terones.

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Through a writ of habeas corpus, the former president’s sister sought the annulment of the vacated congressional resolution. Pedro CastilloAs well as judicial verdicts of detention for “conspiracy” (18 months) and “corruption in the criminal organization in the Ministry of Housing, Transport and others” (36 months).

In exchange for freedom, the former head of state’s sister demanded that she appear with restrictions.

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“Plaintiff begged for mercy in his honorable office for my brother Mr. Beneficiary who is now under unnecessary detention in Barbadilo Prison. José Pedro Castillo calls for the immediate release of Terrones. In freedom, with the degree of appearance with restrictions”, he outlined in the application.

However, the Ninth Constitutional Court of Lima, presided over by Judge Juan Torres Tasso, declared the habeas corpus “inadmissible” for violating his right to personal liberty – the motivation of the resolutions and not participating in the formal processes set forth in the Constitution. Request

partial arguments

Irma Castillo Derones asked the judge to declare null and void the judicial decisions in the first case that ordered the detention of her brother. Congress Due process was not followed to arrest the former president.

Therefore, it argued that for the former President to be arrested and tried, the presidential immunity should have been waived under Article 99 of the Constitution (for offenses committed in the exercise of his functions) and the procedure provided for in the article. Section 89 of the Rules of Congress (Political bias).

However, the Attorney General’s Office of the Department of Justice noted that the procedure provided for in Section 89 of the Congressional Rules is “designed for normal, common, and foreseeable circumstances” to eliminate pre-trial proceedings against senior officials.

Immediate and urgent processing is required in “exceptional, unusual and unforeseen circumstances, such as the commission of a heinous crime” and therefore, political pre-trial cannot be invoked under the provisions of Article 89 of the Rules of Procedure. Congress.

He pointed out Pedro Castillo He was arrested in felony delicto and then a preparatory inquiry was instituted. He also said that the detention order was issued as a result of violation of the Constitution passed on December 7, 2022 in his capacity as President.

While the Attorney General’s Office Congress of the Republic He noted that the President’s approval of the vacancy was due to permanent moral incapacity Terrones Castle -By delivering his presidential message- he committed the crimes of sedition, conspiracy, abuse of power and disturbing the public peace. Therefore, he was in gross delicto.

Judicial response

Judge Torres Tasso, who examined the arguments, concluded that the two decisions of the judiciary on detention for alleged coup and corruption in the ministries did not violate the former president’s rights.

In contrast, the former president’s sister said she wanted to review the criteria of the Supreme Court and that a new declaration should be made which is not characteristic of constitutional justice.

“Therefore, the detention order is not indicated to be excessive in relation to the facts alleged, it is not indicated that it violates the rights claimed by the plaintiff, because the facts have been exposed and analyzed, the elements of punishment, predicate sentence, practical danger of flight, evidentiary function and practical danger of hindering the proportionality of the measure; It led to the imposition of sentence in an ordinary court to resolve the demand for detention sought by the public ministry”, explained the judge.

On parliamentary procedure, see Torres Tasso, Congressional Resolution No. 001-2022-2023-CR does not violate constitutional provisions, nor does it violate the rules of Parliament, as it does not order deprivation of liberty. Pedro Castillo.

He indicated what had been done CongressPursuant to its powers, it assessed the need for a vacancy due to moral incapacity, abolished the privilege of political impeachment and declared that criminal proceedings had room to question parliamentary decisions through its own constitutional channels. Security process.

He also pointed out that three appeals have already been filed in favor of Ambaro Terrones Castle Before the First and Second Constitutional Chambers, its example merits said processes.

“Therefore, based on the above, it must be concluded that the facts of the claim and the petition do not represent the constitutionally protected content of the right protected by habeas corpus. Number 1 of Article 7 of the Constitutional Procedure Law, the claim must be declared inadmissible for this reason.The magistrate concluded.