Supreme Judge Juan Carlos Checkley ordered 18 months of preventive detention once morest the vacated former president Pedro Castillo and appearance with restrictions for the former prime minister Hannibal Torres for the alleged crimes of rebellion and others. The ex-governor under investigation has been detained at the headquarters of the Diroes, in Ate, since December 7 when he perpetrated a coup.
The magistrate specified that preventive detention will be computed until June 6, 2024. In addition, he notified his decision to the National Penitentiary Institute (INPE) for the “transfer and internment” of the investigated.
In the case of the former prime minister, the judge ordered that he not be absent from the place where he resides (Lima and Callao) without authorization from the PJ. In addition, he must pay a security of 20,000 soles and appear before the tax or judicial authority as many times as he is summoned. He is also prohibited from communicating with co-investigators or witnesses to him.
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The judge’s arguments
Upon reading his decision, the judge points out that there are serious and well-founded elements of conviction of an alleged conspiracy since Castillo Terrones together with Betssy Chavéz, Willy Huerta and Aníbal Torres would have agreed on the decision to dissolve Congress and intervene in the justice system.
Regarding conspiracy to perpetrate the alleged crime of rebellion, the magistrate pointed out that there are elements of conviction that the Message to the Nation was the beginning of the plan to perpetrate a coup d’état.
He considered that there are serious and well-founded elements of conviction that before delivering his message to the Nation, Castillo was close to facing his third vacancy motion due to his involvement with alleged acts of corruption.
The judge also held that there are elements of conviction on the alleged crime of abuse of authority since Castillo would have acted arbitrarily on the constitutional order.
He added that there are elements of conviction that Castillo had the intention of fleeing and seeking asylum in Mexico. Among these, the declaration of the Mexican foreign minister offering asylum, the declaration of Castillo’s escort.
The judge indicated that there are elements of conviction that support that Pedro Castillo sought to modify the constitutional regime and intervene in the justice system and other estates.
Anibal Torres Case
As estimated by the prosecutor’s office in its request for preventive detention, the vacated Pedro Castillo He would be sentenced to at least ten years in prison.. He considers that the prosecution will be under “real competition”, in his capacity as co-perpetrator of the alleged crime of rebellion -alternatively conspiracy- and as the alleged perpetrator of abuse of authority and serious crime of disturbance of public tranquility.
Regarding the serious and well-founded elements, the Public Ministry has presented various statements that place Castillo and other former ministers such as Betssy Chávez and Willy Huerta at the moment before and following the message to the nation by which the illegal closure of Congress was ordered and the intervention of autonomous bodies and the justice system.
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MIRA: Pedro Castillo will continue to be detained until the request for preventive detention is resolved
On Wednesday, when rescheduling the hearing for today, the magistrate clarified that according to the Criminal Procedure Code, if the prosecutor requires preventive detention, the preliminary detention is maintained until the hearing is held. This, he added, must be brought to the attention of the Diroes police, in Ate.
Watch Wednesday’s hearing here:
The ex-president coup leader is being investigated as an alleged co-perpetrator of rebellion, and, alternatively, a conspiracy, and also as an alleged perpetrator of abuse of authority and once morest public peace. In the case of Torres, he is the alleged co-author of the crime of rebellion and, alternatively, conspiracy.
Torres remains in hiding since last Saturday, having been included in the investigation following the coup given by the then president. He accompanied Castillo in the vehicle in which he was arrested on Wednesday the 7th, when he was fleeing to the Mexican Embassy.
On Tuesday, the Supreme Court confirmed the preliminary detention for seven days for the former president, concluding that there are indications of having perpetrated an attempted rebellion by carrying out a coup d’état.
Despite the social upheaval that our country is suffering, Castillo took advantage of his participation in a judicial hearing that day to encourage and incite the population to continue with the acts of violence that have been taking place in recent days.
At the hearing, the appeal of the preliminary detention once morest him for the failed coup d’état on December 7 was evaluated.
Castillo began his allegations by indicating that he was “unfairly and arbitrarily detained,” and then began a political speech. However, noticing the nuance of his intervention, the president of the Permanent Supreme Chamber, Cesar San MartinHe cut off his participation and clarified that this was not the space for said “proclamations.”
Castillo managed to make a call for his followers to accompany him today, between 1 pm and 2 pm, the time at which, according to him, his seven-day preliminary detention expires, which he is serving at the National Directorate of Operations of the National Police (Dinoes ), in Ate.
“I would like to address the country to tell you that I am totally grateful for your trust, your effort, your struggle and your identification. I will never give up or abandon this popular cause that has brought me here. From here I would like to exhort the Armed Forces and the National Police to lay down their arms and stop killing this people thirsty for justice”, he said.
In addition, he assured that he had not committed conspiracy or rebellion, crimes for which he is being investigated by the prosecution. Later, in a letter sent through his lawyers, Castillo lashed out at the president In Boluarte and once more called on the people “to remain vigilant and optimistic.”
MIRA: “It is not that Dina Boluarte, once morest all things, clings to power”
“Lady Dina, look at the place she occupies. I hold you and her entire circle that accompanies her responsible for the fierce attack on my compatriots, ”Raúl Noblecilla, one of her lawyers, read to the press.
The acts of violence taking place in the country – which according to police reports have also been instigated by congressmen close to Castillo – have left six citizens dead and more than 120 police officers injured.
attempted rebellion
On Tuesday, the court chaired by San Martín confirmed the preliminary arrest of Castillo Terrones by determining that there was indeed flagrante delicto in the commission of the alleged crime of rebellion charged once morest him by the National Prosecutor’s Office.
For this reason, it declared the appeal to Castillo’s detention inadmissible.
In its arguments, the supreme court determined that the crime of rebellion can not only configure the uprising in arms, but the mere attempt is enough. Therefore, in the case of the vacated former head of state, the alleged crime was consummated by providing in a message to the nation a state of exception that, at least, “imported” altering the constitutional order and public peace.
In addition, it was added, the Armed Forces were encouraged to use their weapons (even if they were not used). In this sense, it was concluded that the alleged attempt at rebellion occurred “absolutely”, since the then president’s televised message was not a simple announcement, but “a will to alter” the constitutional order.
“When the investigated Castillo Terrones issued the televised pronouncement, several people were in the environment [con él]. Especially Dr. Aníbal Torres; the president of the Council of Ministers, Betssy Chávez; the Minister of the Interior, Willy Huerta; the Minister of Defense, Emilio Bobbio”, remarked the judge.
For this reason, San Martín Castro explained that the elements provided so far by the prosecution are sufficient “to estimate the attempted rebellion or conspiracy” by Castillo.
Regarding the procedural dangers, he pointed out that since he did not have the expected support, Castillo Terrones would have wanted to escape when trying to go to the Embassy of Mexico, to make a request for political asylum.
The lawyer Ronald Atencio, Castillo’s defense, had requested his release, alleging that a flagrancy of the crime of rebellion had not been set up, and that his client had not wanted to flee either.
Given this, the Supreme Deputy Prosecutor Sylvia Sack Ramos argued that Castillo went once morest the “intangibility of the constitutional regime” to prevent the investigations for corruption that are ongoing once morest him.
The deputy attorney of the State Attorney General’s Office, Lilia del Río Farro, argued that Castillo had indeed committed the crime of rebellion and asked to confirm the measure.
