Carlos Ordaya López, prosecutor of the Special Team of Prosecutors against Corruption in Power (Aphicope), the judiciary was required to exercise extensive control and not apply Law No. 32108, which modifies the figure of organized crime and was promulgated by the current Congress. All this within the framework of the case known as ‘Wakeis in the Shadows,
Ordaya presented his request to Judge Richard Concepción Carhuancho, whose office is in charge of evaluating the request for preventive detention for 36 months against Nicanor Boluarte, brother of President Dina Boluarte, as well as his former lawyer Mateo Castañeda and four others among the 24 accused members of the criminal organization.
After more than ten days of postponements, this Wednesday began with the ratification of the Aficop request, which also affects Jorge Luis Ortiz Marreros, Zenovia Griselda Herrera Vásquez and the brothers Jorge and Noriel Chingay Salazar.
The hearing – which began at 11:00 a.m., with a one-and-a-half-hour recess – was suspended around 5:30 p.m., and will continue at the same time this Thursday.
The norm is “unconstitutional”
At the beginning of the hearings this Wednesday, a series of writings were released, among them that of Provincial Prosecutor Ordaya, where he asked for a First Preparatory Investigation Court to implement Law No. 32108.
“As the Public Ministry, it is relevant that we first debate the non-application of the law that modified Article 317 and the Organized Crime Law, which is already public knowledge. (…) We believe that this is relevant for the purposes of starting with the need for preventive detention and avoiding annulments that could be raised later by the defense.”Ordaya told the judge at one point.
in writing to which they agreed CommercialAficop Member Stressed That Law No. 32108 “It is an unconstitutional norm in all its extremes” And “collides head-on” with international conventions on the subject, such as the Palermo Convention.
It also mentions that as soon as the criterion was promulgated, congressman Waldemar Cerón (Peru Libre) – now the law’s promoter – and his brother, the fugitive Vladimir Cerón, have requested the filing of an investigation under this criterion; as does legislator José Luna Gálvez (Podemos Peru). And their question is that it has not been taken into account by the head of state, Dina Boluart.
“These provisions prove to be unconstitutional and unconventional in violation of the Constitution and various international treaties.” [de los cuales] The Peruvian State is also a party, as there are rules that favor impunity for serious crimes committed by organized crime.reads the document filed that same Wednesday.
On the other hand, Luis Chanzon Ghio, lawyer for the investigated Griselda Herrera, raised a preliminary question and requested the adoption of the prosecutor’s request for preventive detention. “An abrogated criterion is based on“, exactly with regard to the amendment made by Congress.
In conversation with CommercialChanjan explained that with his request he wants to adjust the tax requirements to the new legal provisions that have been issued and to determine whether the conduct attributed to his sponsored person fits with the newly established specification.
However, given the new requests, Judge Concepción Carhuancho indicated that it would be addressed soon, so it was still pending in the following hearing. The prosecutor’s office was required to verbally initiate its request for preventive detention.
Sources of Commercial He explained that if the judge decides to apply the requirements of the new law, the request for preventive detention must be returned to the Public Ministry “Reorganize it” And fit it into the recent rules.
Nicanor would have had “real power”
During his intervention, the prosecution affirmed its thesis that Nicanor Boluarte was the head of an alleged criminal organization that would “Instrumentalized” To political authorities – that is, prefects and sub-prefects – to obtain the registration of the Ciudadanos por el Perú (CPP) party.
Specifically, the Public Ministry divided the case into five facts: “illegal” influence for the appointment of political authorities in San Martín; similar influences carried out in Cajamarca; as well as actions taken in Lima and other regions such as Apurimac, Puno, Junín, Ica and Cusco.
These three facts involve “illegal operations” deployed in both Provias Decentralizada and the IPD, and actions carried out by the alleged “legal arm” of the alleged criminal network.
As noted during the hearing by the representative of the Public Ministry, the “origin” of the alleged criminal organization that would be led by Nicanor Boluarte would have occurred after Dina Boluarte assumed the presidency on December 7, 2022, and “from then on” gave real power to her brother. And, as he warned, the alleged criminal organization “will still be active.”
“The investigated Nicanor Boluarte, as a member of the alleged criminal organization, would play the role of leader, invested with real power coming from his sister, President Dina Boluarte, who planned and introduced the plans of the alleged criminal organization. Without this power, the person under investigation would not have been able to achieve the appointment of prefects and sub-prefects.” He commented.
Prosecutor Ordaya also stressed what the aim of the alleged organization may have been “Receive illegal benefits”Highlighting that in areas such as San Martín and Cajamarca, accusations were made against political authorities and there were also interventions at other levels of the State.
“The modalities varied in each region. In San Martín, the monthly payment was S/150, in Cajamarca it ranged from S/5000 to S/3500 for entry into the prefectures and subprefectures and, in Lima, it was also a fee in money, but there they carved the poloda at a high cost that they imposed on the prefects and subprefects so that they could buy off and thus obtain benefits.”He prompted.
The prosecution stressed that all “middle management” The alleged criminal organization gave an account of its actions to the president’s brother “Because that’s where the guidelines came from.” In the structure, the prosecution places Griselda Herrera, investigated at this point, as well as Noriel and Jorge Chingay Salazar.
The prosecutor also said that “Legal Hand” the network – where the lawyer Mateo Castaneda is located – will have “Aim to render the investigation ineffective” Which is done by AFICOPE against an alleged criminal organization.
In his speech yesterday, the representative of the Public Ministry addressed the initial elements that support his request for preventive detention for a period of 36 months, pending the completion of the first responsible fact this Thursday.
Although the parties’ lawyers have not yet intervened, the day before Nicanor Boluart’s defense, Luis Vivanco indicated that there were no grounds to issue a preventive detention against his sponsor since he has domestic, work and economic roots. “And he hasn’t behaved in any way that would make us think he’s going to run away or get in the way.” LA Research.
data:
- In addition to not applying Law 32108, Aficop also included new elements of punishment against the president’s brother and the other investigated individuals, which – it was specified – come from effective collaboration.
- By court order, this was also to be addressed in the following hearing.
- Mateo Castaneda’s lawyer announced at the hearing that the original passport of his sponsor was handed over to the court to prove his roots in the country. He also presented his medical history.