Alejandro Toledo: SP rejects request for pre-trial detention due to prosecutors’ “defects” in its approach

He Power of attorney rejected the prosecutor’s request to change the measure of simple appearance for pre-trial detention against former President Alejandro Toledo in the Odebrecht case. Judge Richard Concepción Caruancho’s decision was due to “defects in prosecution in your approach.

The judge of the First National Preparatory Investigative Court pointed out that preventive detention, as well as changing the simple form of this measure, “represents different legal institutions” that “require different requirements and procedures”; therefore “they cannot be corrected by a corrective or clarifying document”.

However, despite the decision, the judge “protected” the right prosecution “make a new motion, developing the requirements of the measure for each of the defendants, in order to ensure the right to a defense.”

Finally, Power of attorney pointed out that “the original claim by the Department of Public Administration also includes Marcos de Moura Vanderly and Abraham Dan On, also under investigation for money laundering and conspiracy.”

Investigations against the former president

Former leader Mr. Peru Possibly and the former President of the Republic, issued two arrest warrants in 2001 and 2006 for allegedly accepting a bribe of up to US$31 million from the Brazilian construction company Odebrecht and for alleged money laundering in a case known as Ecoteva.

All investigations began in 2013 precisely because of Ekoteva. A journalistic report revealed that Eva Fernenburg, the ex-president’s mother-in-law, bought a $3.8 million property in the Las Casuarinas urbanization, and later that company purchased an office in the $882,000 Omega Building, both in the Grove area.

Company Ecoteva also canceled the mortgage on the house Alexander Toledo in the Camacho urbanization for $217,000 and in Punta Sal for $277,000. Alejandro Toledo then assured that the money belonged to his mother-in-law because she was compensated as a victim of the Holocaust during World War II.

Toledo also claimed that he received a loan from his friend Joseph Maiman for these payments. That is why the public ministry opened a process against all those involved.

In 2017, Toledo traveled to the United States after failing his presidential candidacy a year earlier and he has not returned to Peru since. In December 2016, it emerged that in the Lava Jato case, Jorge Barata and Marcelo Odebrecht began to confess to receiving millions of dollars in bribes from the Brazilian company Odebrecht to win tenders for work in our country.

Both businessmen noted that Alexander Toledo received payments during his tenure as president. Faced with this situation, the prosecutor accused him of patronizing the company debrecht in bidding for sections 2 and 3 of the Inter-Ocean Highway, and for Camargo Correa on section 4 of the same road in exchange for bribes to be delivered through Israeli businessman Josef Maiman.

According to prosecutors, the money was to be used to set up offshore companies in Costa Rica, including the creation of Ecoteva, a consulting group owned by Elian Karp’s mother, Eva Fernenbug.

In 2017, Judge Concepción Caruancho ordered an 18-month preventive detention against Toledo upon request Public service in the Ekoteva case. His capture was also given away nationally and internationally, and despite the fact that his presence in the United States was known, he could not be detained until the Peruvian government filed an extradition case.

In 2022, the prosecutor’s office requested 36 months of pre-trial detention, this time as part of a criminal trial that is ongoing in the case of a tender for the fourth section of the Inter-Ocean Highway.