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The National Criminal Court of the Judiciary ruled inadmissible the last appeal filed by the defense of the former president Ollanta Humala and his wife Nadine Heredia against the judges Edita Condori and Otto Verapinto.
This means that the judiciary decided not to separate the case from the two senior magistrates, who challenged – following a request from the prosecution – the judges of the first Criminal Appeal Chamber who ruled in favor of the former presidential couple.
In its resolution, the majority collegiate did not admit the argument of the lawyer César Nakasaki, considering that Condori and Verapinto generate "the fear of bias due to procedural contamination".
They indicate that the challenged judges did not resolve any precautionary measures in the case of Humala and that, therefore, the decision they made in the process to accept a request from the prosecutor does not constitute a ground for challenge.
"Especially if the aforementioned magistrates have no extra-procedural contact with the parties or with the subject of the proceedings and that is a pre-existing reason before the resolution that they issued." The defense did not objectively show the following question: what would be the interest or the contaminated procedural criteria that constitute biased conduct in the judges? Without a doubt, the defense has not been accredited in this sense, therefore, this end of the challenge is unfounded, "they add
.They also consider it an" abstract opinion "of the defense to point out that Condori and Verapinto JJ.A. there was no agreement to separate Judge Richard Concepción Carhuancho from the trial
In a singular vote, Judge Inés Villa Bonilla also declared the application inadmissible.
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