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The defense of Keiko Fujimori announced that he would appeal the resolution that ordered three years of preventive detention for his sponsored. Previously, two resources had to be solved, which could take two to three weeks. With the head of Popular strength In the Chorrillos Women's Prison, three lawyers disagree on the arguments and the possibility of realizing freedom, as the Humala-Heredia couple after almost a year in prison.
1. Resources to solve.
Coordinating coordinator of the Lava Jato special team, Rafael Vela, presented his allegations last Friday in front of the national criminal chamber to challenge the judges of the second criminal appeal court who canceled the arrest preliminary. Keiko Fujimori. If this challenge is not accepted, this chamber must resolve the recourse to pre-trial detention. "The room [presidida por Octavio] Sahuanay has already limited pre-trial detention, which could be an argument in favor of the defense of Keiko Fujimori. The appeal will determine whether he is still in prison or whether a less restrictive measure is used, such as house arrest, "warned constitutional expert Anibal Quiroga.
Once the decision regarding the room presided over by Sahuanay is known – if the case continues to be heard or if it is referred to another – the challenge filed by the defense of the case will only be resolved. Keiko Fujimori so that Judge Richard Concepción Carhuancho does not continue to defend himself. At this point, criminal lawyers Romy Chang and Enrique Ghersi agree that a possible departure from Concepcion Carhuancho would not overturn the pre-trial detention decision. "What has been solved will be maintained and the only way to reverse it is the call.If the challenge is consistent and that Concepción Carhuancho no longer sees the case, the call will be strengthened, but nothing more, "explained Chang.
2. The remedies.
The lawyer Enrique Ghersi explained that there were two options in the remand custody appeal: the cancellation – as in remand – to suspend the measure and that the case returned to the judge for re-examination (in which she could be removed) to request imprisonment), or revocation so that Fujimori Be definitely free.
"The call will go to the same room as the one that canceled the pre-trial detention and this exhibit already has a test," Ghersi said. He stated that in his opinion, the decision on pre-trial detention did not take into account the criteria established by the court. when he resolved the appeal of the pre-trial detention.
"The impression is now that the preventive detention dictated by Concepción Carhuancho could well have anticipated a lawsuit against him," added the criminal.
3. Arguments to be taken into account.
The criminals consulted have a different analysis of the arguments for and against the preventive prison against the head of Popular strength. Romy Chang has shown stronger evidence regarding the demand for pre-trial detention which reinforces, in addition to the danger of flight, the risk of obstruction of justice. "It has been shown that witnesses felt compelled, La Botica discussions that demonstrate a hierarchy in the structure of the organization, the documents of the defense study in the house of Vicente Silva Checa where the legal strategy to delay the process was specified and the handling of institutions such as Congress in the case of the armor César Hinostroza ", said the criminal.
On the contrary, Enrique Ghersi considered that the detention would be revoked because, in his analysis, the judge Richard Concepción Carhuancho did not correct the errors of the temporary detention but increased them. "What Judge Concepción Carhuancho did is to assert his point of view and order pre-trial detention against Keiko, while six defendants have not yet exercised their legal defense. he violated the principle of unity of procedure, "Ghersi said.
However, Chang argued that this principle did not apply in the present case, so much so that the request for detention in security detention had been withdrawn in respect of a person making a request for security detention. # 39; object of an investigation.
Despite this, Ghersi asserted that the court that will review the appeal has a temperament different from that of Judge Concepción. "The piece has a more guaranteed criterion and that of Concepción Carhuancho is more curious," he said.
4. The longest route.
Ghersi does not believe that the defense of Keiko Fujimori opt for the cassation to receive an unfavorable decision, because it is clear that it would be inappropriate. The way forward would be habeas corpus, which could end up in the Constitutional Court, as in the case of former President Ollanta Humala and his wife Nadine Heredia.
Criminal Lawyer Chang explained that this path is long because habeas corpus must first be brought before a criminal judge in the first instance. If it fails, the defense can appeal in the second instance, namely the Criminal Chamber. superior
If this one, which acts as a constitutional chamber, rejects habeas corpus, it could only resort to TC through a "constitutional grievance appeal", a sort of "law suit". ;call.
5. Similarities and differences.
"Although it's the same crime, these are different cases, and in Humala's case, the risk of absconding was alleged and the subject was left unresolved. Keiko Fujimori the danger of impediment was added, and Concepcion Carhuancho took care not to make the same mistakes, did a kind of "mini-lawsuit" ", said the lawyer Romy Chang.
Constitutionalist Aníbal Quiroga acknowledges that obstruction of justice is the main argument, but warns of gaps in criteria of danger of leakage and tampering with evidence. "What the TC says is that such a hefty penalty must be contrasted with other more reasonable means.The judge paid the cost of the CT's resolution on the basis of a single vote. ", did he declare.
Since he was remanded in custody against Humala until he got a favorable decision from the TC, 291 days passed. His recourse to pre-trial detention – which was rejected – took 22 days.
* Forensic glossary
CALL
Procedure by which a judge or superior court is invited to review the decision of a lower court.
challenge
Mechanism to separate a judge or a part of a process.
casación
Extraordinary resource for the purpose of overturning a judicial decision containing an incorrect interpretation or application of the law.
HABES CORPUS
Constitutional procedure by which any citizen can seize a judge against an unjustified violation of his liberty.
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