The former Peruvian president Pedro Castillo (2021-2022) requested this Friday a constitutional court of his country to annul his dismissal by Congress and order his immediate reinstatement at the head of State, which has been held since December 7 by President Dina Boluarte.
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The arguments of an amparo action presented by Castillo, who is serving preventive detention for his failed coup d’état, were exposed by the lawyer Guillermo Olivera before the Third Constitutional Chamber of Lima.
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Olivera pointed out that there was a “violation of due process and constitutional law” when Congress declared Castillo’s “permanent moral incapacity” and his consequent dismissal “in a session convened in an illegal and unconstitutional manner”.
According to the lawyer, when Castillo announced on December 7 the closure of Congress and that he was going to rule by decree and intervene in the Judiciary, he only read “a message to the nation and nothing else.”
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“The only thing he raised was the paper he read and a modest reading is not an executive act of raising arms,” he said.
The only thing he raised was the paper he read and a modest reading is not an executive act of rising up in arms.
In his argument, Olivera said that the removal was approved with 101 votes of legislators, and not by the 104 minimum that the law indicates, for which he accused the board of directors of Congress of having “created a procedure that is part of a farce “.
The lawyer addressed the members of the constitutional chamber to also tell them that “ex officio they must annul all criminal trials” open against the former ruler, referring to the investigations that are being followed for rebellion and conspiracy, as well as for being the alleged leader of a criminal organization within the Executive.
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In his reply, the congressional attorney, Javier Ramos, pointed out that the court must take into account that “the constitutional succession has already taken place” and that Boluarte currently governs, for which reason “there is subtraction of the matter.”
He also requested that he declare the inadmissibility of the amparo action because it also “seeks that the constitutional Justice interferes in up to two criminal proceedings that already exist against Mr. Castillo“.
Ramos also stated that the Constitutional Court has already established that “the dissolution of the Congress of the Republic occurs through an act, not through a rule” and that, for this reason, Castillo’s message “should be considered as the act of dissolution of Congress”.
He accused the ex-president of having placed himself “outside the Constitution” and defended that the action of Congress “was in accordance” with the urgency of a response to an action of this type.
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“To carry out a coup, force is no longer needed (…) coups have changed in their structure and execution, and in the face of this coup, the Congress of the Republic had to act,” he remarked.
After listening to the replies of the parties and several questions from the members of the room to the plaintiff lawyer, the president of the court, Fernando Paredes, refused to grant Castillo the floor for having already closed the hearing and informed that the resolution will be issued within the deadline established by Peruvian law.
EFE
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