The constitutional appeal requested that the proceedings initiated against him be archived and that the president be ordered to refrain from continuing with acts of intimidation against the police force.
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Colonel PNP Harvey Colchado – leader of the group of police officers that supports the special team of prosecutors in charge of investigations around President Pedro Castillo – filed an amparo for the violation of his fundamental rights by the head of state./
The coordinator of the Special Team of the National Police, Colonel PNP Harvey Colchado, This Friday, he filed an amparo appeal against President Pedro Castillo for the constant harassment against him and violation of your fundamental rights.
As El Comercio learned, the constitutional lawsuit, filed through his lawyer Luciano López, reaches the Minister of the Interior, Willy Huerta. The process will be carried out by the Third Constitutional Court of Lima.
Also, sue the PNP General Inspectorate, represented by General PNP Segundo Mejía Montenegro; the Investigation Directorate of the Inspectorate, in charge of General (r) Carlos Tuse Lloclla; and the Disciplinary Office No. 10 of the Investigation Directorate of the Inspectorate, in charge of Colonel PNP Carlos Morán Salem.
The appeal was filed against the Disciplinary Office No. 21 of the Investigation Directorate of the PNP General Inspectorate, in charge of PNP Colonel Miguel Ninasivincha Soto; the General Directorate of the DIGIMIN-MININTER in charge of General (r) Whitman Ríos Adrianzén -who was removed from his post on Tuesday night-, and the prosecutors of the Presidency of the Council of Ministers and the Minister of the Interior.
President Pedro Castillo denounced Colchado at the end of August for alleged functional misconduct after the police officer participated in the raid of the presidential residence in search of Yenifer Paredes -sister-in-law of the president-; and later, he expanded his request by stating that he did not have jurisdiction to participate in the proceeding and even requested that he be investigated for embezzlement.
That was not the only action against the police force. The Executive has tried to undermine his designation as coordinator of the Special Team of the National Police and through legal reports his separation from said special police group has been requested.
To this is added the recent decision to remove him from the headquarters of the Search Division (DIVBUS) of the Intelligence Directorate of the Ministry of the Interior, which was annulled a few hours after the measure was known.
Cessation harassment and intimidation
In the amparo, against the head of state and others, Colchado Huamaní requested that the Judiciary order “the cessation of the threat” for violation of his fundamental rights such as the free development of personality and dignity, the right to exercise public function, due administrative process, the guarantee of impartiality and the constitutional principles of proportionality, balance of powers, collaboration between powers and fight against corruption.
It also required that the president be ordered to refrain from continuing with intimidating acts against him through the complaints made.
“Order the President of the Republic, José Pedro Castillo Terrones, to refrain from intimidating the appellant through the formulation of complaints before the General Inspectorate of the National Police, as a consequence of acts carried out in the exercise of my functions in the positions and functions that I am currently carrying out in my career as an officer of the National Police of Peru”, states the lawsuit.
Colchado, through his lawyer López Flores , also requested that the entry and registration of the complaint filed by Castillo Terrones be declared null and void on August 24 and that the same measure be taken against the “anonymous complaint” that was filed after the information spread “via the WhatsApp social network ”.
Finally, it was requested that the two resolutions issued by the Disciplinary Office No. 21 and No. 10, respectively, of the Directorate of Investigations of the Inspector General of the National Police of Peru, be archived.
Los colonel arguments
According to Colchado, since his appointment as coordinator of the Special Police Team, he has been subjected to intimidation and obstruction of his work. However, these actions deepened after he participated in the “search and search” proceeding for the arrest of Yenifer Paredes (sister-in-law of the President of the Republic, José Pedro Castillo Terrones), and which was conducted —as ordered by the Constitution and the Law—by representatives of the Public Ministry.
“Since I assumed the General Coordination of the Special Team to support the Special Team of Prosecutors against corruption in Power, I have been the object, on the one hand, of direct intimidation by the President of the Republic, José Pedro Castillo Terrones, who —as is public knowledge— he has been facing various preliminary investigations by the National Prosecutor's Office, as well as his closest environment (family and friends), for alleged crimes of corruption and criminal organization,” Colchado said in his lawsuit.< /p>
Said intimidations, he added, materialized through complaints filed against him before the General Inspectorate of the National Police of Peru, by the president and “anonymously” on August 24 last. Three days after that, the head of state removed the General Commander of the PNP, the Chief of Staff and the Inspector General of the PNP. The latter commands the Directorates and Offices that know, process and issue decisions in relation to the complaints filed against them.
He specified that the complaints against him that are “falsely” attributed to him are very serious and the consequence of which would be his retirement, despite his impeccable career.
“That is to say, under the leadership of the President of the Republic, it is promoted, in a police space that is under his Supreme Headquarters and subordination, that my irreproachable career as an officer of the National Police of Peru be definitively cut short ( PNP) of which I currently hold the rank of Colonel”, he noted.
Pedro Castillo and Minister Willy Huerta have made decisions that would have affected PNP Colonel Harvey Colchado and affected the investigations of the Special Team Against the Corruption of Power. (Photo: Presidency)
Next, Colchado explained that the way of obstructing his work as Head of the Search Division of the General Directorate of Intelligence of the Ministry of the Interior and, consequently, as General Coordinator of the Special Team to support the Special Team of Prosecutors against corruption of the Power, has been materialized; On the one hand, with the lack of timely assignment —by the Director General of the General Directorate of Intelligence of the Ministry of the Interior (DIGIMIN-MININTER)— of the special resources that correspond to the Division he heads.
< p itemprop="description" class="story-contents__font-paragraph">On the other hand, actions were carried out “aimed at removing me from my post, without prior knowledge or coordination with the Superior Prosecutor's Office for the Special Team of Prosecutors,” which was the one who requested the formation of the Special Team of which he is the General Coordinator, as stated in the Official Letter No. 41-2022- FSC-EFICCOP-COORD-MP-FN, which was the document whose evaluation and approval by the Ministry of the Interior merited the issuance of Ministerial Resolution No. 0903-2022-IN dated 18 July 2022.
“The intimidation and obstructions that motivate the filing of this lawsuit have been unleashed continuously and systematically, as evidenced by a series of facts and indications —which have all the defendants as protagonists— which reveal a plan designed and orchestrated to achieve two unconstitutional objectives (and, without a doubt, criminal): definitively separate myself from the career as an officer of the PNP; and, to obstruct and sabotage the intelligence and investigation tasks assigned to the Special Team to support the Special Prosecutors Team,” Colchado said.
Designation and coordination is legal
In another section of the constitutional claim, it is explained that the designation within the Special Team and its position in the coordination was made based on the evaluation, analysis and approval by the General Command of the PNP and the Legal Department of the Ministry of the Interior (Minister). Hence, the “visa” of both is stated as indicated in the considering part and in the image of the aforementioned Ministerial Resolution No. 0903-2022-IN dated July 18, 2022.
Likewise, he stressed that his participation in the raid on the Government Palace on August 9 was based on a court order since, as a support group for the Fiscal Team Against Corruption of Power, it was necessary to contribute to the fiscal actions.
The constitutional lawyer, Luciano López, assumed the ad honorem defense of Colonel PNP Harvey Colchado. Together with the police force, they have promoted the amparo appeal against President Pedro Castillo and others.
It is thus that his retirement from the Digimin Search Division, far from being done on a regular basis, would have been done with the purpose of harming him.
“A decision of this nature placed me in absolute limbo, because I was relieved of DIVBUS leadership, so I could no longer access the special resources required by the field operations of said division, the same ones that must be distributed, also, for the operations that the participation of the Special Police Team demands”, he noted,
For all these reasons, he concluded, the actions that suffered against him severely harm his rights to the free development of personality and dignity, to the full exercise of public function, to due administrative procedure, by affecting the guarantee of impartiality and the constitutional principles of proportionality, balance of powers, collaboration between powers and good administration (fight against corruption). All of this, rights protected in the Constitution, defended by the Constitutional Court and in strict application of the United Nations Convention against Corruption, approved by Legislative Resolution No. 28357 and ratified by Supreme Decree No. 075-2004-R.