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Court declares Castillo’s appeal to annul the constitutional complaint against him inadmissible

Daniel Stewart

2022-11-08
The
The President of Peru, Pedro Castillo – PRESIDENCIA DE PERÚ

The Peruvian Judiciary declared on Monday the appeal filed by the legal team of the Peruvian president, Pedro Castillo, requesting the annulment of the constitutional complaint filed against him before Congress by the Attorney General of Peru, Patricia Benavides, to be inadmissible.

Peruvian Supreme Court Judge Juan Carlos Checkley has held that it is not within his powers to declare the nullity or leave without effect a constitutional complaint, whose qualification and evaluation corresponds to the competent bodies of the Congress of the Republic, as reported by Andina news agency.

Likewise, the magistrate has emphasized that there is no prohibitive mandate that orders the Prosecutor’s Office to abstain from filing a constitutional complaint before the Parliament, so it would not have exceeded its competences.

Pedro Castillo’s lawyer, Benji Espinoza, sent a letter to the Supreme Court of Justice requesting the acceptance of a protection of rights for the Peruvian president, alleging that the head of the Peruvian Public Prosecutor’s Office had acted against the Constitution by accusing the head of State of the Republic of Peru, who is protected by the Magna Carta, as reported by RPP.

In this way, Castillo’s legal team was seeking the ratification of the president’s situation and his status as president of Peru in response to requests to set aside Article 117 of the Constitution, which ensures the inviolability of the head of state except for a few exceptions, such as preventing the holding of presidential elections.

According to the Prosecutor’s Office, Castillo would be the head of a criminal organization active in the Ministry of Transport and Communications and its former Minister Juan Silva, in complicity with the former Minister of Housing Geiner Alvarado, as well as with officials of Provías Nacional and Provías Descentralizado, all this to favor the consortium Puente Tarata III and other companies in public bidding processes.

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