Antauro Humala: PJ's Attorney asks the TC to file an appeal from the ethnocacerist for having been released

Antauro Humala: PJ's Attorney asks the TC to file an appeal from the ethnocacerist for having been released

The State attorney stressed that there is no longer any point in ruling on the constitutional process. The ethnocacerist sought his freedom and a new oral trial for the Andahuaylazo Case

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Antauro Humala: The PJ Attorney General asks the TC to file an appeal from the ethnocacerist for having been released

The brother of former president Ollanta Humala has been touring the interior of the country, then out of the Ancón prison. (Photo: Archive)

The Attorney General's Office of the Judiciary asked the Constitutional Court (TC) to file the writ of habeas corpus filed by Antauro Humala so that an new oral trial for the Andahuaylazo Case, after being released in August.

Antauro Humala was serving 19 years in prison for simple homicide, kidnapping, aggravated damage, theft or seizure of a firearm and rebellion for the riot perpetrated at the Andahuaylas Police Station in 2005.

Via a constitutional lawsuit, he sought his freedom and questioned the sentence imposed against him, so he requested a new oral trial.

Through a letter, Deputy Attorney General Jhonny Tupayachi Sotomayor requested that it be declared inadmissible since Antauro Humala Tasso has already been released.

He recalled that the ethnocacerist's defense filed habeas corpus for an alleged attack on his individual freedom – due process (right to defense, free access to the jurisdictional body ) and, therefore, pursued his “immediate freedom”.

Antauro Humala: PJ's Attorney asks the TC to file an appeal from the ethnocacerist for having been released

Argued that the constitutional process of habeas corpus, “is intended to restore the exercise of a constitutional right or end a threat against it.”

If after the lawsuit is filed, the alleged aggression or threat of violation of the invoked right ceases, there is no need to issue a substantive statement since the theft of the matter has occurred, he added.

Therefore, he alleged, on August 19, 2022, the National Penitentiary Institute (INPE) reported that the Prison Technical Council of EP Ancón II released Antauro Humala Tasso, for compliance with sentence for redemption of sentence for work and education.

The next day, August 20, the ethnocacerist left the Ancón II prison and has remained free ever since.

Along these lines, he considered, the subtraction of the matter has occurred (second paragraph of article 1 of the new Constitutional Procedure Code), since the thesis raised in the demand for habeas corpus, has already disappeared.

“This Office of the Attorney General considers that in the specific case there is no need to issue a pronouncement on the merits, since there has been the theft of the matter for having ceased the facts that at the time supported the filing of the lawsuit – it is a public fact that to date the release of the current beneficiary was ordered for redemption of the sentence for work and education, “he required .

Read to Here is the position of the Attorney General: