Pedro Castillo: The judiciary rejected the habeas corpus procedure, which required the cancellation of his pre-trial detention

The Sixth Constitutional Court of Lima declared inadmissible the habeas corpus process promoted by the National Federation of Lawyers of Peru in favor of former President of the Republic Pedro Castillo and former Prime Minister Anibal Torres.

This appeal was aimed at invalidating the court decision on the appointment of a preliminary detention on him, as well as the decision confirming this measure of restraint; and therefore his freedom is arranged.

In addition, he demanded that his status as constitutional President of the Republic be restored, that all judicial, administrative, legislative orders and laws contrary to this position be annulled, and that Congress be ratified.

Judge’s arguments

However, the judge in charge of the aforementioned court, Hisela Ocaña Chalco, in relation to congressional action in connection with the vacancy of the president, indicated that requests from the former president were subject to special procedures.

“It is clear that, thanks to the actions and statements of Congress, the incarceration of the beneficiary (Castillo Terrones) was not authorized, but Congress, using its functions, assessed the need for a vacancy due to a disability in which it decided to approve the vacancy,” the document says.

In addition, it stated that “there was no evidence of a violation of the contested judgments that affect the right to personal liberty, which is the fundamental right of every person.”

The judge also argued that in the case of preventive detention, she did not notice a violation of the right to a defense, “especially considering that we are dealing with preventive detention, which is of a temporary nature.”