Due to this, Paredes Navarro was able to leave the country on September 18, together with President Pedro Castillo, who is participating in the 77th session of the United Nations (UN) General Assembly.
Paredes Navarro does not participate in the official activities of the president – who has been accompanied by some Peruvian ministers and representatives at the UN in the various protocol meetings – despite this, his wife accompanied the entourage.
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The challenge in court
Sources from the National Superior Court consulted by El Comercio reported that Judge Raúl Justiniano rejected the challenge against him (request to withdraw from the case) requested by lawyer Saúl Silva, José Medina’s defense attorney.
Said request was presented in the first days of September. According to the defense of the investigated burgomaster – who is serving a preventive detention for 30 months – the judge should not resolve the confirmation of the seizure of the assets of his sponsor, the sister-in-law of President Yenifer Paredes and other investigated; since he had been the same magistrate who ordered his preliminary arrests.
Last week, the case was raised before the Second Court of Appeals of the CSN so that it resolves in the second instance the challenge formulated against the judge.
According to the lawyer Roberto Noriegacriminal lawyer from the Linares Law Firm, the challenge process would be within the average time to be resolved. However, no later than next week, there should already be a ruling from the higher court.
“The recusal comes to be the request of one of the parties to a process with the purpose of removing a magistrate from the same (process)”, he explained to this newspaper.
He added that the judge does not have an exact deadline to rule on his challenge, but once he does, he will have one business day to submit the file to the Superior Chamber.
The ruling must be notified to the parties and if it is contrary to what was requested by the person who filed the appeal, the latter may appeal to the same judge to raise the file to the superior court so that it analyzes the matter in the second instance.
“Once it goes up to the Chamber, it has three days to resolve and there is no appeal. What happens is that although it says third day, this is only counted from the moment he enters the office, not from the moment he arrives at the Chamber, ”he detailed.
He added that the file arrives at the parties table, it is entered into the system and a code is assigned and once it is sent to a room that has already known about the incident, as well as to the rapporteur and this is the agenda.
It is there, he indicated, when the file is already in the magistrates’ office that the three business days begin to count.
It should be noted that the diligence was going to take place on August 25, but at the request of the Prosecutor’s Office – which alleged procedural overload – requested its rescheduling.
She will come back
Benji Espinoza, the first lady’s lawyer, told El Comercio that the president’s wife will return to the country to continue facing the investigation against her, which is why she rejected criticism of her trip to the United States.
“They are unfounded criticisms and they are unaware that a person has the right to free transit, they can travel. What I can assure you is that my sponsored, the first lady Lilia Paredes, will return together with the President of the Republic. Therefore, she is going to have no basis and no basis for the flight risk argument. My client is not a flight risk,” she assured.
When asked about the change of predisposition of the first lady and President Castillo to acquiesce to the impediment request and deliver Lilia Paredes’ passport, the lawyer insisted that their rights assist them.
“It was the president who said, by way of will, but having explained to them (to Castillo and Paredes), as I always point out, you can and should collaborate, but collaborating means exercising rights and not tolerating any abuse or violation of rights. That is the reason,” he stated.
In that line, he indicated that they are waiting for the challenge to be resolved.
“The cases of impediment to leave the country and appearance with restrictions do not have a strict term, different from preventive detention. In preventive detention you receive the request and the judge has 48 hours and in this case it is different because it is not a prison; but of a restrictive measure, but not deprivation of liberty, ”he noted.
part of the organization
On July 25, 2022, through the Provision No. 11, the Special Team Against Corruption of Power extended a preliminary investigation against the presidential sister-in-law Yenifer Noelia Paredes Navarro, the mayor of Anguía José Nenil Medina Guerrero, the first lady Lilia Paredes Navarro, for the alleged commission of the crime against Tranquility Publish in the form of criminal organization.
The presidential brothers-in-law Walther Enrique Paredes Navarro and David Alfonso Paredes Navarro were also included, as well as against Hugo Jhony Espino Lucana and Anggi Estefani Espino Lucana for the same crime.
The requirement of impediment to leave the country against the first lady, lies in a measure to subject Paredes Navarro to the investigation and future legal process that may be filed against him and does not shy away from the action of justice.
According to the prosecution, in the progress of the investigations they have been able to identify “the existence and permanence of the criminal organization, who, with the active participation of high-ranking state officials, would have constituted, directed, promoted, controlled, supervised, administered and coordinated.” a structure that would involve the President of the Republic Pedro Castillo.
Along with the president, the criminal network would also be made up of Lilia Paredes, and her brothers Yenifer Paredes, David Paredes and Walther Paredes, as well as her friend José Nenil Medina Guerrero.
They, with the active participation of the figureheads Hugo and Angi Espino Lucana, through the instrumentalization of the front companies, the company JJM Espino Engineering and Commercial Construction SAC and Descont SAC, would have arranged to carry out, advise, execute and obtain, various public tenders in favor of Municipalities, warns the Public Ministry.
These illicit acts would also have had the support of high-ranking State officials, that is, former Minister Geiner Alvarado. In addition, the prosecution indicates, through the direct relatives of President Castillo and close friends, they would have favored and managed to obtain more than 6 million soles in public works for various district municipalities, such as Anguía, Chachapoyas, Chadin and Cajatambo.
The prosecution also indicates that through “fraudulent public tenders” they would have obtained the contract and good favor of various public execution projects, obtaining money and taking advantage of the power they hold by having direct links with President Castillo, who would have facilitated this criminal plan.
“(…) Lilia Ulcida Paredes Navarro, where after Pedro Castillo Terrones was sworn in as President of the Republic, the first mentioned specified that they required a “cell phone chip” in the name of a third person, for use by the coordinator of the criminal organization Lilia Ulcida Paredes Navarro every time they feared being suckered”, is reported as part of the accusations against the first lady.
It adds that “said request would have been for the purpose of carrying out illicit collusive coordination in an unscrupulous and clandestine manner, in order to execute the criminal program and take ownership of public investment projects related to the execution of work in subnational governments.” .