The Judiciary rejected the appeal of habeas corpus presented by the prosecutor of the in functions, Delia Espinoza, against the National Police of Peru (PNP) to prevent possible detention against it irregularly, after the National Board of Justice (JNJ) resolved in favor of the restitution of Patricia Benavides.
The tenth Court in the Constitutional of Lima of the Judiciary declared the claim of Habeas Corpus filed by the Supreme Prosecutor Delia Espinoza Valenzuela against the National Police of Peru (PNP) inadmissible, in a desperate attempt to avoid an arrest for not complying with a resolution of the JNJ that provides the restitution of Patricia Benavides as prosecutor of the nation.
Habeas Corpus warns that there would be an alleged threat and imminent violation of Espinoza’s freedom to consider that there was a risk of being arbitrarily detained without a legal order or valid mandate.
Delia Espinoza, in open contempt, presented the appeal on Tuesday, June 17, a day after Patricia Benavides tried to return to her office as prosecutor of the Nation, after the National Board of Justice (JNJ) annulled her dismissal.
Delia Espinoza asked that the PNP be ordered not to execute acts that constitute a certain risk against their personal freedom under supposed flagrance for the crimes of disobedience or resistance to authority and/or usurpation of functions.
Judge Ana del Rosario Osorio, of the Tenth Court specialized in the Constitutional of the Superior Court of Lima, evaluated that on Monday, June 16, when Patricia Benavides entered the Public Ministry accompanied by a security fence, there was no risk against the security of Delia Espinoza.
The magistrate took into account that the general commander of the PNP, General Víctor Zanabria, who ruled out a complaint to intervene to the still fiscal nation’s fiscal and that his participation that day was to provide security to protesters outside the headquarters of the Public Ministry.
When considering that the prosecutor Espinoza seeks to deprive himself “a priori” of the possibility that the PNP exerts his constitutional work, and recalled that in case an arbitration would be carried out, this would lead to legal responsibilities.
This is why reasons, and at the end that her office could not rule on the validity of the JNJ decision in favor of Patricia Benavides, the judge declared inadmissible habeas corpus.
You must comply
Ernesto Blume, constitutional lawyer, lashed hard against the prosecutor of the nation, Delia Espinoza, for ‘tie’ in his charge despite the decision of the National Board of Justice (JNJ) that replenishes Patricia Benavides as head of the Public Ministry.
“Delia Espinoza is disregarding a competent authority mandate and is giving a bad example to the country of what its constitutional and legal obligations means breaking […] He is a outgoing prosecutor. He is giving a lousy example to the country that should be ashamed of us. The prosecutor of the nation is Patricia Benavides, ”he said.
Likewise, according to Blume, the replacement of Patricia Benavides as prosecutor of the Nation, determined by the National Board of Justice, must “comply without doubt or murmuring.”
In that line, the lawyer maintains that the JNJ must enforce its decision in favor of Patricia Benavides.
“(Who is going to make her pay attention?) From my point of view, the National Board of Justice itself.
“(Espinoza has entrenched) but who is in a position of illegality must be removed from office and if he does not want to go for the good ones, he will have to go for the bad, with the support of the police,” he added.
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