Waykis in the shadows: Nicanor Boluarte and other defendants insist on applying new organized crime law to them | Policy

Nicanor BoruartPresident Dina Boluart’s brother and five other defendants in the case Wikipedians in the Shadows They filed a separate request insisting on the application to them of Law No. 32108 on organized crime.

This Friday, the Public Ministry held a hearing on his preventive detention for 36 months, and during the continuation of the hearing, the lawyers said that the request should be returned to the prosecutor’s office to adapt to the new regulations.

This was in response to a request made by prosecutor Carlos Ordaya, who asked pre-investigation judge Richard Concepción Carhuancho not to apply the new law in the process.

Mira: Vladimir Theron and Valdemar Theron will continue to be investigated for criminal organization: this is the judge’s argument

During the last hearing, Odaya argued that the new law was incompatible with the Palermo Convention, to which the Peruvian government had signed. Moreover, he pointed out that it violated the Supreme Court’s ruling and, at the international level, the resolution issued by the Inter-American Court of Human Rights.

In light of this, Concepción Cavanjo announced that the requests of the Prosecutor’s Office and the parties will be addressed in the final resolution on preventive detention.

The judge has already rejected the first request for the application of Law No. 32108 in the case of Los Waykis en la Sombra, which was filed by respondent Zenovia Herrera in a previous issue.

It should be noted that the fiscal request for preventive detention was made when the law on organized crime crimes had not yet been amended; this changed with the enactment of Law 32108, last August 9. On the same day, a hearing was held to analyze the fiscal request.

Boluarte Zegarra and five others are under investigation for crimes including organized crime, influence peddling, and general active bribery.

The president’s brother is accused of leading and integrating an alleged criminal organization that would operate in several public entities and “instrumentalize” public officials (among them governors and vice-governors) to achieve the registration of the Peruvian Citizens’ Party (CPP) and other benefits.

They assured that under the new law there would no longer be elements constituting the crime of criminal organization.

Nicanor Boluarte’s defense attorney, Luis Vivanco, insisted that the request for preventive detention filed by prosecutor Carlos Odaya was based on a “partially repealed rule” that would affect his client’s right to defense.

He added that this “may include that the request is then invalidated”, which is why he demanded that requests for preventive detention must comply with the new rules.

He pointed out that in another case settled by Judge Jorge Chávez Tamariz (Los Dináticos del Centro), jurisprudence had already been established by determining that the law was not unlawful.

“So what the defense is asking for is that, in accordance with this new norm, the request for preventive detention must be returned to the Public Ministry to adapt it to the new norm and to continue with the hearing,” Vivanco requested.

Boluarte Zegarra’s lawyer pointed out that the new regulations set new standards for the composition of criminal organizations, as well as requirements such as the seriousness of the crimes committed by the criminal organization and the sentence of more than 6 years.

He noted that this would benefit his sponsors because it would legitimize the criminal organizations that the president’s brother accused of committing.

“It raises the parameters for configuring criminal organizations and decriminalizes the conduct we are accused of, which generates profit.”

Luis Vivanco, Nicanor Boluart’s lawyer

A similar request was made by Eduardo Barriga, the legal defence lawyer for President Dina Boluarte’s former lawyer Mateo Castaneda.

The latter noted that the rule takes into account that the law that is favorable to the defendant must be applied, which in this case would be the new Law No. 32108.

The same was done by Jorge Luis Ortiz Marreros (former Director General of the Government of the Interior), Zenovia Griselda Herrera Vásquez, and the legal defense of the brothers Jorge Luis Ortiz Marreros and Noriel Chingay Salazar.

After the lawyers’ arguments, prosecutor Carlos Ordaya again called for the repeal of the aforementioned law; as he stressed that criminal organizations can be considered not only violent criminal gangs; but also those committed to committing corrupt acts.

“It’s not just about going after drug dealers, violent organizations; but anyone who wears a collar and a tie is under investigation,” the prosecutor said.

Finally, representatives of the Prosecutor’s Office announced their “willingness” to comply with the court’s decision; even if an order to adapt to the new standards was given.

Judge Concepcion Cabanjo closed the arguments by announcing that he would rule on the point at the end of the hearing on the request for preventive detention.

“The office reiterates that it will make a statement in the final decision that will be issued soon and I reiterate that in preventive detention there is no partial statement,” the magistrate said.

“Mateo Castañeda has the great confidence of President Dina Boluarte and is a shadow advisor to his brother”

During the continuation of preventive detention, Deputy Prosecutor Raúl Guerrero Quispe noted that lawyer Mateo Castañeda was the legal arm of the aforementioned criminal organization that Nicanor Boluarte could have led.

In his statement, the representative of the Ministry of Public Affairs stressed that Castañeda Segovia had taken various actions with a view to ending the investigation into the brother of President Dina Boluarte.

“He has the utmost confidence of President Dina Elcilia Boluart Zegarra, as he acts as her lawyer and will be a shadow advisor to the brothers; as Mateo Castañeda will be in charge of maintaining and protecting criminal organizations.”

Raul Guerrero Quispe, Eficcop, deputy prosecutor.

According to him, the legal department of the alleged criminal group carried out various actions to ensure that the tax file started by the Anti-Corruption Prosecutor’s Group (Eficcop) was handed over to the Anti-Corruption Prosecutor’s Office, where Castañeda Segovia will be in charge of ensuring that the case is filed.

“The Office considers that Mateo Castañeda not only violated the legal rights of the accused, but also violated the Code of Ethics of Lawyers. Castañeda promoted illegal acts to guarantee protection and impunity for the criminal organization led by Nicanor Boluarte,” the prosecutor reiterated.

The Public Ministry representative described actions taken by Castañeda, such as his alleged attempts to obtain information about the Boluarte investigation and to influence prosecutors and members of the National Police Special Group supporting Eficcop in order to influence the investigation.

He therefore met with undercover agents “Carlos” and “René” to whom he would indicate that he was there at the request of President Dina Boluart; and asked them to intercede with Marita Barreto, the Eficcop coordinating prosecutor. However, when he realized that the agents were not providing him with information, he threatened to retire them.

The deputy prosecutor noted that all of this was documented in legally authorized records of information collection and implementation of “undercover” techniques by another office of the task force.

It should be remembered that Castañeda Segovia’s defense lawyer, Eduardo Barriga, has already ruled out the possibility that his client was a member of a criminal organization and denied that he operated illegally to archive the investigation of Nicanor Boluarte.