Yenifer Paredes: the judge's arguments to dictate 30 months of preventive detention

Yenifer Paredes: the judge's arguments to dictate 30 months of preventive detention

The magistrate Johnny Gómez considered that there is strong suspicion of the crimes imputed to the president's sister-in-law and the mayor of Anguía, as well as the risk of escape and obstruction . The prosecution and lawyers will appeal the resolution.

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Yenifer Paredes: the judge's arguments to dictate 30 months of preventive prison

Yenifer Paredes is being investigated for the alleged crimes of money laundering and criminal organization./

Judge Johnny Gómez Balboa ordered preventive detention for 30 months against Yenifer Paredes Navarro , sister-in-law of President Pedro Castillo, and José Nenil Medina Guerrero, mayor of the district of Anguía (Chota, Cajamarca).

Both They will be interned in a prison while they are investigated as part of an alleged criminal network in the Ministry of Housing, whose leadership is attributed by the prosecution to the president. However, the measure could still be revoked in the second instance.

Gómez, magistrate of the Third Preparatory Investigation Court of the National Superior Court of Specialized Criminal Justice, announced his decision this Sunday in a virtual hearing for the reading of the resolution that lasted almost four hours. The deputy prosecutor Jorge García Juárez, the lawyers of both investigated and Medina and Paredes themselves were connected to the session from a police headquarters.

Yenifer Paredes: the judge's arguments to dictate 30 months of preventive prison

The judge first summarized the prosecution's arguments against Paredes and Medina. For the special team of the Public Ministry, the president's relative would be the lobbyist or promoter of the alleged network, with the supposed function of attracting mayors to offer them speedy financing of sanitation projects in their localities in exchange for favoring companies. facade to make the technical files or execute the project.

Meanwhile, the mayor is accused of being an operator, with the alleged function of capturing businessmen to receive gifts in exchange for “fraudulent awards.” Those investigated are charged with three crimes: criminal organization, aggravated collusion and money laundering.

After analyzing the case and evaluating the evidence presented by the prosecution, the judge considered that there is a “strong and vehement suspicion” on the part of both investigated in each of the crimes attributed to them.

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For this, the magistrate assessed elements such as that declared by businessman Hugo Espino in his sincere confession; stamps and notes found in the house of Paredes in Chota; Medina and Espino's visits to the Government Palace; and the 28 bank deposits for S/91,000 made by the president's sister-in-law between October 2021 and June of this year, dates that coincide with the facts under investigation.

“In accordance with the fiscal thesis, these monies allegedly derived from illicit profits […]. The dates and the beneficiaries have been verified”, he considered regarding this last element.

Procedural danger

The existence of “serious and well-founded elements of conviction” regarding the crimes investigated is only the first requirement to dictate a preventive detention. After determining that this was fulfilled, the judge analyzed the factor considered key for a measure of this type: the existence of procedural danger, which consists of the risk of flight and/or obstruction on the part of those investigated.

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Yenifer Paredes: the judge's arguments to dictate 30 months of pretrial detention

Yenifer Paredes: protests outside the criminal court waiting for the request for pretrial detention to be resolved

That condition was also met. For the judge, there was a danger of escape and obstruction in both.

He considered that his work, family and home roots are of “low quality”. In the case of Paredes, he assessed elements such as the video of the meeting in Chota -which started this investigation-, where he asks that it not be recorded, his record of calls with former minister Juan Silva and the loss of the images of cameras of the Government Palace the day they went to arrest her. “It constitutes objective data that reinforces procedural danger,” he commented on that point.

Regarding Medina, he stated that “he would have acted in a coordinated, strategic and planned manner, in order not to leave evidence of the alleged crimes that were being committed.”< /p>

Once these requirements were met, the judge added that preventive detention was the necessary, appropriate and proportional measure to ensure the investigation of the case. “No other less burdensome measure can be dictated,” he stated.

Regarding the duration of the measure, although the prosecution requested 36 months, the Judge Johnny Gómez ruled that the “reasonable period” was 30 months, because “greater difficulty” was not justified for the pending investigative acts.

With all this, the judge declared the prosecutor's request founded, imposed preventive detention for 30 months and ordered their internment in the prison established by INPE. In the case of Paredes, the measure will expire on February 9, 2025; in Medina, it will expire a day earlier.

Once the resolution was known, prosecutor García announced that they will appeal only for the measure to be for 36 months . Paredes and Medina's lawyers will also appeal for the decision to be overturned in a second instance.