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Spain is far from having become a golden refuge. César Jose Hinostroza Pariachi, a Supreme Court judge of the Supreme Court, is likely to expect him to meet when he escapes Peruvian justice. Forty-eight hours after his arrival on Spanish soil, Hinostroza was found sleeping in prison, awaiting extradition and thus making himself available to the judicial authorities of his country. Today 's day rests on his stay in the Soto del Real prison in Madrid, in a common courtyard with politicians and protagonists of national political corruption.
After the commitment of Spanish President Pedro Sanchez to his Peruvian counterpart, Martin Alberto Vizcarra, to collaborate with the judicial decision of Hinostroza, the events rushed. Interpol 's international arrest warrant served as an instrument to the Spanish state security forces to arrest the fugitive and bring him before the judge. The capture of the defendant took place Friday morning in Navalafuente, a city in the province of Madrid, located north of the capital, where several luxury developments take place.
At eight o'clock in the afternoon (Madrid time) On Friday 19 October, the magistrate of the Central Court No. 5 of the National Court, José de la Mata, listened to the man arrested to decide his future. The hearing was held in camera at the offices of the Audiencia, Genova Street in Madrid, and lasted less than half an hour. The court order confirms De la Mata's decision to send his Peruvian colleague to provisional prison without bail, pending the outcome of the extradition process.
The nine-page automobile section recognizes that the pretrial detention measure is exceptional and justifies why, in this case, the reasons for its application are indicated. He is charged with the crime of belonging to a criminal organization, trafficking in influence and unlawful negotiations with officials.
The judicial text indicates that these facts "indicate that the alleged person would be the leader of a criminal organization intended to commit the crimes of corruption of officials of the Peruvian judiciary, as well as illegal appointments and ratifications within of the judiciary, in collusion with other state institutions, among which he cites nothing less than the National Council of the Judiciary, Superior Court of Justice of Callao and the second transitional criminal chamber of the Court superior of the Republic. "
In this case, the judge further considers that the risk of escape is high because the detainee has no roots in Spain, although here lives his daughter and other members of his family "for years".
Without working links in the country and having no money, De la Mata values "its resources, its economic means, its links with other countries and its international relations to go abroad" in order to determine how easy it would be for him to flee justice, another Once, and for that reason he is kept in prison.
The defense of Hinostroza's lawyers focused on his presentation as a political persecutor. The order recognizes the asylum application filed by the magistrate, dated October 17. However, Hinostroza's arguments did not convince the Spanish judge nor the Attorney General who defended the need for a prison sentence.
In conclusion, the judge considers that it is "necessary to adopt the measure of provisional detention of an instrumental nature for the purposes of extradition and the fulfillment of commitments made by him". State in international judicial cooperation, all without prejudice to the meaning of the answer that ends the extradition record, given the seriousness of the facts, the entity's sentence that his time, he could be imposed on the person sought, which could reach 15 years in accordance with the extradition request, as well as the risk of overt evasion that would occur on his person. "
How much long will he stay in prison? As appears from the order, the measure is provisional until the request for extradition, which can last for months, is resolved. Everything indicates that Hinostroza realizes his dream of spending a season in Spain. As a communal prison, you can receive visits from parents, including your daughter.
Friday night, surrounded by gardens surrounding the National Court, a small group of Peruvians chanted slogans demanding the prison for Hinostroza. It is hoped that with this decision, they will see that the train of justice begins to move.
Demosthenes Mamani, a Peruvian lawyer practicing in Spain for 25 years, who was one of the leaders of this small protest, pointed out that the majority of Peruvians who come to Spain come to work honestly, so l 39; example of Hinostroza was a shame
Willy Fernández, also a Peruvian activist and part of the collective Nuevo Peru, considered Hinostroza as an example of the mafia aprofufimorista. . "It is necessary that he be tried in Peru as soon as possible and that he specifies who his accomplices are," he said.
This last chapter of the Hinostroza affair opens a period of waiting for his extradition to Peru. Because in this badysis, we do not evaluate an improbable possibility and that is that the lawyers of the Peruvian judge appeal the car, for which they have three days. If this is the case, another scenario would open, with the first effect of delaying the process. However, this measure would not remove the person concerned from the prison or, at least, he would not do so immediately. [1945
Vizcarra announced the news in advance and corrected César Villanueva
- Very early, in an interview with the RPP, President Martín Vizcarra confirmed the capture of Caesar Hinostroza in Madrid and gave details of his efforts have taken place since the flight of the sacked judge was known and was eventually found by the Spanish police in coordination with the police attaché of Peru after the alert red given by Interpol.
- About the negotiations with his Spanish counterpart, Pedro Sánchez, said that he could communicate with him and he replied "let your people know that the government will do everything possible to return to Peru". The capture took place 10 hours later.
- Then, in an interview with TvPerú, the president indicated that there were three procedures to follow: one of them was aimed at preventing him from obtaining his asylum in Spain, and that the European country has expelled him ", considering the fact that the flagrante delicto and the facts" and, ultimately, extradition.
Vizcarra also clarified that Prime Minister Villanueva had escaped when he had stated that the executive had learned of the leak's existence on October 7, while it should have been in say 17.
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