Guillermo Bermejo: Prosecutor's Office requests a new oral trial against congressman for alleged affiliation with Sendero Luminoso

Guillermo Bermejo: Prosecutor's Office requests a new oral trial against congressman for alleged affiliation with Sendero Luminoso

Through an opinion he proposed to the Supreme Court to annul the sentence that acquitted the parliamentarian and that a new court try the parliamentarian again for having incurred in vices proceedings in the sentence that acquitted him.

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Guillermo Bermejo: Prosecutor requests new oral trial against congressman for alleged affiliation to Sendero Luminoso

The Prosecutor's Office requests 20 years in prison for Guillermo Bermejo (Photo: Grupo El Comercio)/

The First Supreme Prosecutor's Office in the Penal asked to annul the sentence that acquitted the congressman from Democratic Peru, Guillermo Bermejo , and proposed that another Superior Court hold a new oral trial against him for the alleged crime of affiliation with the terrorist organization Shining Path (SL).< /p>

The proposal was presented before the Supreme Transitory Criminal Chamber of the Supreme Court that analyzes the appeal for annulment presented by the Public Ministry and the Public Prosecutor's Office Specialized in Terrorism crimes against the acquittal decision issued in January 2022 by the Second National Superior Criminal Chamber. Temporary due to insufficient evidence.

Despite the declaration of three effective collaborators -sentenced for terrorism- who pointed to Bermejo Rojas as “Comrade Che”, the person whom they saw in a terrorist camp in the Valley of the Apurímac, Ene and Mantaro Rivers (VRAE), the The court of second instance considered that no evidence had been found.

Decision of the Superior Criminal Chamber

At the beginning of the year, the Second Transitory National Superior Criminal Chamber acquitted Bermejo, concluding that due to “insufficient evidence” he should prevail their right to presumption of innocence.

The Public Ministry, through the superior prosecutor Gino Quiroz, had requested 20 years in prison for Bermejo, S/100 thousand as civil compensation and disqualification from holding public office.

 Guillermo Bermejo: The Prosecutor's Office requests a new oral trial against congressman for alleged affiliation with Sendero Luminoso

According to the opinion presented by the prosecution before the Supreme Court, to which El Comercio agreed, the members of the upper chamber that conducted the trial did not an adequate assessment of the statements and circumstances described against Bermejo.

Guillermo Bermejo: Prosecutor requests new oral trial against congressman for alleged affiliation with Sendero Luminoso

The questions

The Superior National Criminal Prosecutor's Office Specialized in Human Rights, Interculturality and Terrorism crimes recalled in its appeal for annulment that the effective collaborators witnessed the events directly, that is, by their own senses they are aware of the displacement of Guillermo Bermejo to the terrorist camps , as well as the reasons and the activities that he carried out in that place.

Nor, he pointed out, was it taken into account that the effective collaborators were members of the Shining Path terrorist organization, that they held positions and functions within said criminal network and that their versions are intertwined with each other. In addition, that an adequate assessment of the statements of the witnesses Wilder Satalaya Apagueño and Max Orlando Andahuamán Centeno was not carried out.

The Anti-Terrorism Prosecutor indicated, for its part, that the superior chamber improperly dismissed the photographic reconnaissance records offered and denounced that eight posts from the Facebook account of Bermejo Rojas were admitted, despite the fact that they date from between 2012 and 2014, that is, they are extemporaneous to the fact that is the subject of the prosecution's accusation.

Furthermore, he questioned the fact that Intelligence Report No. 003-2021-DIRCOTE-PNP.

There was corroboration and witnesses

After analyzing the evidence from the Superior Anti-Terrorism Prosecutor's Office and the Anti-Terrorism Prosecutor's Office, the First Supreme Criminal Prosecutor's Office was blunt in affirming before the Supreme Court that the effective collaborators “have claimed to be eyewitnesses and direct witnesses” in many sections of their story, on all the main ones that contain criminal relevance.

He considers that although only the part where they point out that Bermejo had been in charge of finding contacts abroad would be a hearsay reference, this does not affect the core of the accusation, especially when the criminal conduct is belonging to a criminal organization.< /p>

“We are not, therefore, in any way, in front of reference witnesses”, he pointed out.

For this reason, he emphasized that the collaborator with code IFSPA-3022, formerly a member of Sendero Luminoso del Vraem, claimed to have transferred during the period between 2008-2009 a group of seven people “of great importance” for the terrorist organization .

Guillermo Bermejo: The Prosecutor's Office requests a new oral trial against congressman for alleged affiliation with Sendero Luminoso

While the collaborator with code CDTSA-1969, also a former member of the OSTL, said in court that he had seen four people holding meetings in the Huancamayo terrorist camp during 2009; among these he noticed the presence of the person known under the pseudonym “Che”, who carried out indoctrination activities and meetings with comrades “José” and “Alipio”.

For this reason, it considered that one of the corroborating elements of the versions of the collaborators is the statement of the witness Max Anhuamán Centeno who reported that in his police work carried out follow-up tasks to Bermejo Rojas, during the year 2008.

Of these tasks, he indicated in his statement, they were verified with photographic records, that the now congressman traveled to the city of Huamanga in order to meet with people linked to the Support Committee of the Quispe Palomino of Sendero Luminoso; and that after going to Llochegua, he boarded a boat, crossed the river and entered the jungle, in an area controlled by SL.

For this reason, Bersabeth Revilla – who until a few days ago was serving as deputy supreme prosecutor of the First Supreme Criminal Prosecutor's Office – questioned whether the superior court described the witness's version as “absolutely tangential” and had no temporal relationship with the facts and that, instead of considering that the attributed fact is belonging, they pointed out that the witness was not aware that the accused had carried out actions or tasks in favor of SL.

“Criteria with respect to which we must express our total rejection. The reason for this is that, in our opinion, the aforementioned court confuses the corroborative scope of the peripheral elements, under the erroneous interpretation that they must cover the entire account provided by the collaborators, without taking into account that such a position radical would empty the content of the testimonial account itself on which it is intended to grant reliability”, remarked the prosecutor.

There are peripheral elements< /b>

For this reason, he indicated, the credibility of a statement is not subject to verifying its entire content, but only its key aspects as it has already been previously indicated by the First Transitory Criminal Chamber of the Supreme Court in the Appeal for Annulment No. 0 2172-2015 of March 8, 2017.

“In that sense, we infer that the Superior Court's requirement contravenes the peripheral nature of his story and ignores its corroborative nature in the face of the main syndication made by the collaborators, who have directly witnessed these events and on whom the responsibility falls precisely. corroboration”, he specified.

Likewise, he questioned whether the superior court downplayed the importance of the witness Wilder Satalaya Apagueño, who, although in the trial denied having traveled to terrorist camps, in a previous statement admitted having met Bermejo Rojas in 2009. This, when he was in the city ​​of Huancayo, to which he had been taken by comrade “Sergio” and that later, to that place, the person known as “Che” arrived, that is, the pseudonym by which the aforementioned accused was known.

“We are convinced, under this line of argument, that what is said by the witnesses offered as corroboration provide indirect information, but effective, to give credibility to the versions of the facts of the collaborators”

For all the above, the prosecutor concludes that the court incurred in “procedural defects” and therefore the acquittal sentence is not in accordance with the law. It adds that the room “has unduly assessed the peripheral elements” that corroborate the syndication carried out by the collaborators with code IFSPA-3022, CDTSA-1969 and IFSPA-3006 on Guillermo Bermejo Rojas.

“For the foregoing reasons, this Supreme Criminal Prosecutor's Office proposes that the Chamber of its presidency declare the Judgment of January 31, 2022 null and void, consequently, order the forwarding of the judicial file to another Criminal Chamber so that, after an oral trial, it issues a new ruling in accordance with the law,” the prosecutor required.