Representative of the Public Ministry pointed out that the head of state acted in compliance with the interests of that supposed criminal organization.
- Pedro Castillo's lawyer affirms that the president is collaborating with investigations “that are constitutional”
- “The Armed Forces. they are not from any particular power, neither the Executive nor the Legislative”
President Pedro Castillo is being investigated for allegedly heading a criminal organization that acted in the Ministry of Transport and Communications (MTC). According to the prosecution, this alleged network of corruption would have spread to other portfolios. (Photo: Presidency)
Deputy Supreme Prosecutor Samuel Rojas, representative of the Fiscalía de la Nación , affirmed that the seriousness of the accusations and the evidence of non-political indications against the president Pedro Castillo motivated the initiation of an investigation of the president.
This was part of the arguments that Rojas presented before the Supreme Judge Juan Checkley, who analyzed the appeal for protection of rights filed by Benji Espinoza, Castillo's lawyer, in order to annul the investigation against him for the Puente Case. Tarata.
The prosecutor, who requested that the appeal be rejected, detailed the elements for which it was considered that Castillo would not only be part of a criminal network, but also lead it.
“President Castillo is being investigated by the National Prosecutor's Office for being the leader of a criminal organization, for having planned and decided the mode of intervention of the members of the criminal organization” , expressed Rojas.
He also stressed that the head of state acted in compliance “not with the national purposes of public order”, but “with the interests of the criminal organization”.
The representative of the Attorney General's Office recalled the statement of the aspiring effective collaborator with code 02-5D-2022, who stated that the businessman Zamir Villaverde delivered S/30 thousand to former Minister Juan Silva and that he had told him that the money was for President Castillo.
In addition, the collaborator pointed out that Karelim López –also an effective collaborator– had given money to the president. “[He would have given him] sums in cash for amounts of S/100,000, from S/50,000 to S/5,000, either at the Government Palace or at [the] [passage] Sarratea's house,” he said.
According to the version of the aforementioned contributor, Bruno Pachecowould have received S/2 million for the biodiesel tender in Petro-Peru.
Prosecutor Rojas explained that article 117 of the Constitution –which details the grounds on which a sitting president can be impeached – it should not be construed in an absolute way.
For this reason, he stressed that in the face of this, other articles of the Magna Carta recognize the need to combat corruption and the obligation of the prosecution to prosecute crime and protect the State.
Castillo's lawyer asserted that four constitutional rights of the acting president were violated by including him as investigated in this case. For this reason, he requested that the petition for guardianship that he filed be declared founded.
He pointed out that according to article 117 of the Constitution, the head of state is the only official who has inviolability. For that reason, he stated, he cannot be charged, prosecuted or investigated in office. He added that not even the Attorney General's Office has the power to investigate it.
Furthermore, Espinoza maintained that there is “a violation of the right to equality before the law ”, since –he argued– no other acting president was investigated.
“The conclusion is that since former presidents in the same situation have not been investigated […] and when Pedro Castillo is investigated, he is given discriminatory treatment ”, he considered.
In other ministries
Prosecutor Samuel Rojas indicated that in addition to the Ministry of Transportation and Communications, “there are already hints” that the alleged criminal organization had also acted in the Ministry of Housing and the Ministry of Energy and Mines.
They will investigate the head of state
The Oversight Commission of Congress unanimously decided that the President Pedro Castillo goes from being a witness to being investigated in that working group.
Congressman Héctor Ventura, head of the commission, explained that article 117 of the Constitution does not prevent investigations against the head of state.
“The difference between the Supervisory Commission and other jurisdictional bodies is that we are not going to issue any ruling. We are investigating. Therefore, we have all the powers”, argued the representative of Fuerza Popular.
The condition of being investigated, he added, will allow them, in their moment, the possibility of making criminal and constitutional complaints against Castillo.
He recalled that on three occasions the president was summoned as a witness in order to clarify the accusations of alleged acts of corruption in his government that were made against him, but none prospered.