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The court decided to dismiss the application State Attorney General’s Office (PGE) annul the statement of the chief of staff Alberto Otarola to the prosecutor’s office about the alleged crime against humanity in the modality genocide.
The Supreme Investigating Court stated unfounded attorney general’s statement Daniel Soria so that the protocols of diligence of February 16 last year must be declared null and void.
However, provided that PGE to participate as an “injured party” in the preliminary investigation being carried out against Otarola Peñaranda, President Dina Boluarte and others in connection with this alleged crime.
Case
According to advocatethey have been notified prosecution from the first interrogation to Alberto Otarola scheduled for January 23rd. However, the representative of the Ministry of Industry and Trade suspended the procedure for the mobilization scheduled for that day and indicated that it would be rescheduled in accordance with the agenda of the prosecutor’s office.
However PGE the procedure for continuing the interrogation of the prime minister, conducted on February 16, was not reported. Thus, the organization filed an appeal for the protection of rights, in which it requested the annulment of the act, since this would violate “due process in relation to the right to protection.”
On the other hand, criminal defense Otarola Penaranda pointed out that such an appeal was “informal and meaningless” because “it is a residual procedural remedy reserved exclusively to the accused”.
Considering this, Power of attorney He argued that the protection of rights “is not an institution to which only and exclusively the accused can refer,” since the injured party can also do this, “whether at the stage of preliminary investigation or at the stage of preparation of the criminal process.” .
However, he spoke out against the annulment of the act on the continuation of the prime minister’s speech before the court. prosecution.
“In accordance with article 150 of the Code of Criminal Procedure (Code of Criminal Procedure), which regulates absolute nullity, the request is not provided for by the specified procedural norm, since it is possible to correct the specified application (through its extension, for example) with the participation of the PGE, with the restrictions established in paragraph 3 of Article 88 of the Code of Criminal Procedure, for which the invalidity caused unfounded”.
In turn, he declared the protection of the rights PGE “upon the end of their participation as an injured party in the investigation.”
Source: RPP
I am Emma White and I currently work for Buna Times. My specialty is the politics section of the website, where I aim to provide readers with informative and engaging content on current events. In addition to my professional experience in journalism, I hold a Bachelor’s degree in English Literature from Princeton University.