César Hinostroza: why was his third extradition process suspended?

César Hinostroza: why was his third extradition process suspended?

In dialogue with El Comercio, the prosecution requested that the Ministry of Justice submit the notebook in order to continue the extradition process of the former magistrate investigated by the case 'The White Necks of the Port'.

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César Hinostroza: Why was your third extradition process suspended?

César Hinostroza has been a fugitive from justice since 2018. (Photo: GEC file)

The Public Ministry reported that the third extradition process from Spain of the former supreme judge César Hinostroza was suspended due to a request filed with the Ministry of Foreign Affairs by the Office of the Special Prosecutor for Crimes of Corruption of Officials, by Javier Alonzo Pacheco Palacios.

Superior prosecutor Alfredo Rebaza, head of the Office of the International Judicial Cooperation and Extradition Unit of the Public Ministry, explained to El Comercio that, after insisting since April for information regarding the progress of this case, the Ministry of Justice (Minjus ) replied that due to the prosecutor's request they were not sent the third extradition notebook against the magistrate investigated in the 'The White Necks of the Port' case.

This despite the fact that the Executive had declared the process admissible through a resolution published in the official newspaper “El Peruano” on March 11.

Rebaza requested that the Minjus comply with the order of the Council of Ministers to send the notebook in order to continue the extradition process of the former supreme judge.

“According to the procedural code, we are the central authority in charge of managing and monitoring the extradition process and ensuring that it meets the requirements and via foreign relations, get it out to the corresponding country”, he stated.

César Hinostroza: Why was your third extradition process suspended?

Resolution authorizing the extradition request.

This document bears the signatures of the President of the Republic, Pedro Castillo; the Minister of Foreign Relations, César Landa; and the then Minister of Justice, Ángel Yldefonso.

Despite the fact that the prosecutor requested to suspend the process on March 14, the decision of the Minjus was only made known to the Public Ministry on August 24.

In said request that Pacheco Palacios presented to the Foreign Ministry, he indicated that, before sending this folder to the Spanish authorities, it was necessary to wait for the processing of the other two extradition requests that exist against Hinostroza in the European country.

On Saturday, the Public Prosecutor's Office Specialized in Crimes of Corruption of Officials described the information provided by the Public Ministry as “inaccurate” and ratified its arguments.

Likewise, he asked the prosecution to clarify, “why Hinostroza Pariachi has been without any kind of requisition at the international level through the International Police (Interpol), since August 19” of this year.

For prosecutor Alfredo Rebaza, prosecutor Pacheco Palacios's argument “by itself does not tell us much” and the “only thing he did was stop sending the third order”, which ” to date it has not been possible to submit it.”

“As is known, Spain did not receive him, does not know, nor has it become aware of these charges and this extradition notebook and, as we know, this citizen is untraceable for Spain,” said Rebaza.

According to the prosecutor, at the time the procedure was authorized, Hinostroza was locatable and this “would have paid to improve Peru's position”.< /p>

In addition, in an official letter sent to the head of the Public Ministry, Patricia Benavides, the provincial prosecutor Ángela Arévalo Vásquez, also from the Office of International Judicial Cooperation and Extraditions, indicated that from this office they also consider that this decision “had a negative impact on the extradition procedures followed in the Kingdom of Spain” and that “the presentation of this third notebook could have generated a situation favorable to the current one.”

It is important to point out that the following extradition files related to César Hinostroza are filed with the Office of International Judicial Cooperation and Extradition:

Active extradition N°156 – 2018
(Extradition notebook N° 259 – 2018)
Active extradition N°146 – 2019
(Extradition notebook N° 284 – 2019)
Active extradition N°188 – 2019
(Extradition notebook N° 345 – 2019)< /th>
Required by the Supreme Court of Preparatory Investigation of the Supreme Court of Justice, for the crimes of illegal sponsorship, influence peddling, incompatible negotiation and specific passive bribery. Required by the Third Supraprovincial Permanent Preparatory Investigation Court Specialized in the Crime of Corruption of Tumbes Officials, for the crime against the public administration, in the form of generic active bribery, to the detriment of the Peruvian State. Required by the Supreme Court of Preparatory Investigation of the Supreme Court of Justice, for the crime against the public administration, in the form of specific passive bribery.
Procedure fell before the Central Court of Instruction No. 5 of the National Court-Madrid. Procedure fell to the Central Court of Instruction No. 5 of the National Court-Madrid. The prosecution indicates that “to date” this notebook is “in the Ministry of Justice and Human Rights, despite the fact that on March 11, 2022, Supreme Resolution 051-2022-JUS was published in El Peruano, which authorized its presentation to the Kingdom of Spain”. Likewise, he assures that said notebook was requested on several occasions from the portfolio that Félix Chero directs today.

The prosecution called a coordination meeting for Monday, September 19, with the Preparatory Investigation Court of the Supreme Court, the Office of Judicial Cooperation of the Ministry of Foreign Affairs and Interpol Lima to define actions in relation to this case.

More details

  • The public prosecutor specialized in crimes of corruption, Javier Pacheco, revealed at the beginning of July that the former supreme judge César Hinostroza is as if he had not been in Spain after decreeing his arrest to be extradited to Peru.
  • After the Spanish justice ordered his search and arrest on June 28, there is no news of the magistrate and he has not been located.
  • The former supreme judge would have fled from Spain and could have fled to Belgium. The former magistrate was in Madrid on provisional release pending extradition.

César Hinostroza: Why was your third extradition process suspended?