The Plenary of the Congress of the Republic approved tonight, by a majority, to allow the formation of a criminal case against the citizens Betssy Chávez Chino, Willy Huerta Olivas and Roberto Sánchez Palomino, in their capacity as former Ministers of State, for being alleged co-authors of the commission of crimes against the powers of the State and the constitutional order.
The complaint was made by the National Prosecutor, Patricia Benavides Vargas, for the aforementioned crimes, in the form of rebellion, article 346 of the Penal Code, to the detriment of the State; and, alternatively, for the alleged commission of the crime against the powers of the State and the constitutional order, conspiracy modality, article 349 of the Penal Code, to the detriment of the State.
In the words of the holder of the first power of the State, José Williams Zapata, and in accordance with literal j) of article 89 of the Regulations of Congress, the file with the constitutional accusation will be sent to the prosecutor of the Nation, who will proceed in accordance with his powers and what the Constitution provides.
These decisions were made in accordance with three legislative resolutions.
The first resolution corresponded to Chinese congresswoman Betssy Chávez, in her capacity as former president of the Council of Ministers.
In its first article, which declares that there is room for accusation, it obtained 66 votes in favor, eleven against, and six abstentions; the second article, which suspends her in the exercise of her functional rights and duties, while the criminal process lasts, obtained 65 votes in favor, fifteen votes against, and three abstentions.
The second resolution corresponded to the ex-Minister of the Interior, Willy Huerta Olivas, who is declared to have opened a criminal case for the aforementioned crimes, and obtained 57 votes in favor, eighteen votes against, and ten abstentions.
The third resolution corresponded to Congressman Roberto Sánchez Palomino, in his capacity as former Minister of Foreign Trade and Tourism.
The first article that declares that there is room for the formation of criminal proceedings obtained fifty votes in favor, twenty-one votes against, and thirteen abstentions; the second article, which suspends him in the exercise of his functional rights and duties, while the criminal process lasts, obtained twenty-seven votes in favor, 39 against, and eighteen abstentions.
Therefore, Roberto Sánchez Palomino maintains his duties and functions as a congressman for as long as his criminal proceedings last.
DEFENDING
Congresswoman Betssy Chávez Chino (PD) expressed in her defense that she agrees to the claim of the Public Ministry, and declared that from day 1 she submitted to the investigation carried out by this institution, and even respected its arbitrariness, since she understood that decisions are entirely political.
Her lawyer, Edwin Siccha Pérez, referred to the legal foundations of the defense, from a strictly criminal perspective, he said that, despite not agreeing with the conclusions of the complaint, the raid on the case proposed by the congresswoman was formalized today before the Public Prosecutor’s Office, so that the cause can be declared.
At the time, former minister Willy Huerto Olivas maintained that since the beginning of these investigations he always told the truth, and he reiterates it, but nobody believes him, and nobody listens to him, despite the fact that he has presented evidence to the prosecutor’s office and this has not been “deserved”.
He pointed out that when he received the ministerial commission from the president, he told him that he would always respect the law, he wondered where and when the conspiracy that the Public Ministry alleges as an element of conviction took place? He emphasized that he has not resorted to silence, that he has reported everything.
For his part, Congressman Roberto Sánchez Palomino (CD-JD) categorically denied having participated in the crimes with which he was accused and insisted that the last meeting that took place on December 6 was aimed at preparing the defense speech. before the third presidential vacancy motion.
On December 7, he continued, he did not meet with the president, and only met with adviser Alberto Mendieta and former minister Alejandro Salas, to coordinate the presentation before the plenary. Regarding the presidential decision of what has been called a failed coup attempt, he affirmed, the ministers “were never aware of, neither before, nor during, nor in dialogue, anything. We were isolated from that decision.”
For his legal defense, the lawyers Domingo García Belaunde and Walter Rivera took the floor.
DEBATE
During the debate, the representatives of the various parliamentary benches put forward their arguments for and against the final conclusions of Constitutional Complaint 328, formulated by the Subcommittee on Constitutional Accusations, where they highlighted various nuances for each of the defendants.
Thus, for example, Congressman Carlos Anderson (NoA) maintained that Congresswoman Betssy Chávez “has revealed an anti-democratic, seditious, divisive spirit that has done so much damage to the country and our democracy,” so in the case of this congresswoman He has no doubt that he will have to pay the consequences of his actions.
Of the same opinion were María del Carmen Alva Prieto (AP), Edwin Martínez Talavera (AP), Jorge Montoya Manrique (RP), Patricia Juárez Gallegos (FP) and Alejandro Soto Reyes (APP), who specified that we are not judges and prosecutors, and the defense must to do it before the Public Ministry as requested by the ex-premier herself when agreeing to that request.
On the other hand, Congressman Edgar Reymundo Mercado (CD-JP) criticized the deficiencies of the report by Congressman Wilson Soto Palacios (AP) since it violates basic principles of due process, and reverses the burden of proof that corresponds to the Public Ministry; In this sense, he said, these investigations have not proven the verisimilitude of the facts.
The same was stated by Paul Gutiérrez Ticona (BMCN) for whom there is no reliable evidence to show that the denounced ministers agreed to dissolve the Congress of the Republic and establish a state of emergency in Peru.
While the parliamentarian Elvis Vergara Mendoza (AP) maintained that it is a complicated task, on the one hand it is giving a clear example that the sole intention of breaking the constitutional order must be severely sanctioned; however, he said, that when it comes to involving several people in a single event, problems can occur.