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News > Peru

Peru: Pedro Castillo’s Tutelage Declared Null and Void

  •   Castillo's tutelage based on the

    Castillo's tutelage based on the "alleged violation of the constitutional principles of procedural legality and the principle of legal certainty" was unfounded, says the Peruvian Judiciary (PJ). Jun. 24, 2022. | Photo: Twitter/@israel_peru

Published 24 June 2022
Opinion

The appeal filed by President Pedro Castillo to stop the investigation of the Attorney General's Office for alleged corruption offenses was declared unfounded by the Peruvian Judiciary (PJ).

Judge Juan Carlos Checkley of the PJ said that the Constitution does not prevent opening a preliminary investigation.

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In this sense, the Supreme Court of Preparatory Investigation communicated that Castillo's tutelage based on the "alleged violation of the constitutional principles of procedural legality and the principle of legal certainty" was unfounded.

Judge Juan Carlos Checkley of the PJ said it is not an absolute fact that "the President of the Republic can only be accused of the assumptions foreseen in Art. 117 of the Constitution."
 
According to the magistrate of the preliminary investigation,  "this does not annul the possibility of initiating a preliminary investigation as long as there are reasonable justifications."

The Supreme Court of Preparatory Investigation declared unfounded the legal guardianship presented by the President. Therefore, the Pdte. Pedro Castillo will continue to be investigated for the alleged crimes of a criminal organization, influence peddling and aggravated collusion. 

Meanwhile, the President's defense lawyer, Benji Espinoza, said that the decision would be appealed before the Special Criminal Chamber of the Supreme Court to resolve the issue of guardianship definitively.

The defense team argues for the alleged unconstitutionality of opening a legal process during a presidential mandate to demand legal control from the judge.

Pedro Castillo is under investigation for alleged alterations related to the Tarata II Bridge case where the former Minister of Transportation and Communications, Juan Silva, the former presidential secretary Bruno Pacheco and two relatives of the head of state is also linked.

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