“Vacancy is the way out”: for Victor Garcia Toma, a constitutional complaint is not a way to remove Pedro Castillo

National Attorney Patricia Benavidez presented constitutional complaint against the president Peter’s castle for the alleged crime of a criminal organization. However, the appeal presented by the head of the Ministry of State (MP) opens up discussion about the scope Article 117 of the Constitutionwhich establishes four grounds for indicting the acting president.

Article 117 Magna Cartathe incumbent president can only be accused of treason, obstructing elections presidential, parliamentary, regional or municipal, as well as for unauthorized dissolution Congress and for disruption National Electoral Jury (JNE) and other bodies of the electoral system.

Thus, the former President of the Constitutional Court, Victor Garcia Toma, argued that in a constitutional complaint that Attorney of the Nation submitted to Congress, no account shall be taken of the fact that head of state violated one of the four reasons mentioned.

” article 117 has clear powers The president He can only be charged after the expiration of his term, unless he is charged with certain crimes. [Pero] this hypothesis is not correct [en la denuncia constitucional]”, he emphasized Saturday Focus.

For this reason, the former member of the TC considered that the method of dismissal Castle of lumpswho has six open investigations in the prosecutor’s office, is presidential vacancy due to permanent moral incompetence.

“The vacancy is the most clear and distinct figure, it is the exit to Article 117. It has already happened twice in this century: in the cases of Alberto Fujimori and Martin Vizcarra,” he said.

Constitutional complaint ‘should not be ignored’

After mentioning that the scope Article 117 of the Constitution protect President Pedro Castillo Not to be indicted before the end of his term, despite the serious questions that lie with his leadership, also the former Attorney General and Human Rights Secretary indicated that a constitutional suit could be useful to Congress in its attempt to remove Mr. Terrones Castle.

In this sense, Garcia takes explained that the 190 elements of the conviction set out in the appeal regarding the existence of an alleged criminal network rooted in government palacecould be used to back up a third petition for presidential vacancies by ungrouped Congressman Edward Malaga, or could be included in a constitutional indictment that could result in the disqualification of a former tetano professor.

“It is important that [la denuncia constitucional] do not fall for deaf ears. There are several options: a vacancy or a violation of the Constitution, which would mean fewer votes, only 66,” he explained.

The vacancy does not thrive, because the Congress “lease souls”

On the other hand, Victor Garcia accepts pointed out that although there are elements that will strengthen the vacancy of the president, the dismissal of Pedro Castillo will still fail in Congress because of the parliamentarians who “rented their souls”, referring to the six congressmen from Acción Popular (AP), are accused of being , what ‘Children’who would support the government in exchange for directing the work, according to the charge businesswoman Karelim Lopez.

“Souls surrender in Congress, but there are representatives of the nation who have decided to ask for or receive benefits, gifts, and thus direct their votes. […]. We are talking about a part of Congress captured by corruption, and, therefore, I no longer know if it will be 87 votes, ”he said.

“If we don’t have a Congress that stands up and responds harshly to this pervasive corruption, and the epicenter of which seems to be the Government Palace itself, we won’t move forward,” he added.

Finally, the former head of the NC believes that, given the lack of political will, it is necessary that citizens take on a more active role in the midst of the political crisis that has gripped the country.

“There is no more active participation of non-tourists in this matter. Citizens must be involved because it is about our country and the government that we brought to power,” he said.