The prosecutor of the nation, Delia Espinozadenounced the head of the National Authority of Control (ANC) of the Public Ministry, Juan Fernández Jerí, for the alleged crimes of abuse of authority and usurpation of functions in the detriment of the grievance of José Domingo Pérezwhom he suspended for six months of his fiscal work. The complaint has to do with the ANC’s decision to prevent Pérez from entering his offices after the suspension in charge, for six months.
The ANC has the power to suspend Pérez if he considers that he committed an infraction in the performance of his functions, but what he could not do was prevent him from entering his offices to make the charge of charge. Every public official when he retires, for any reason, has the obligation and duty to Make delivery of goods that have been assigned to perform their work. In addition, being a prosecutor must make a detailed delivery of the files in charge, evidence and other assets. The ANC extracted by preventing José Domingo Pérez from performing that function, committing an abuse of authority.
On the other hand, only the authorities of the Public Ministry: the Prosecutor of the Nation, a superior prosecutor or a supreme prosecutor, can prevent a provincial prosecutor from accessing their facilities or offices, in a justified way and in such a way that it does not prevent him from complying, for example with the delivery of charge. That did not happen with Pérez, which implies that the ANC committed a usurpation of functions.
On April 7, the Control Authority suspended Pérez for having committed alleged administrative infractions related to the case ‘Cocktails’by participating in an investigation to the lawyer Arsenio Oré Guardia, despite being legally prevented for being one of the aggravated parties in the process. The next day, April 8, they prevented him from entering his offices in the special team of prosecutors of the Lava Jato case.
Prosecutor did not investigate audio in which an alliance between Fernández Jerí and Popular Force is revealed
However, the suspension took place after the Republic revealed on March 30 the existence of an audio where an alleged plot would be evidenced between the Popular Force lawyer, Christian Salas and the chief of the ANC Juan Fernández Jeríwho, according to the audio, seek to dismiss prosecutors Marita Barreto, Rafael Vela and José Domingo Pérez, who investigated Keiko FujimoriLeader of the party mentioned above.
Salas and Fernández talked about a person who was related to Colonel PNP Harve Colchado Huamaní, the former chief of the police team that supported the special team against the corruption of power (efficient), which the superior prosecutor coordinated Marita Barreto. Fernández told Salas that it was important to capture that character to accuse Barreto and Colchado, after which “I immediately ordered to open fiscal investigation.”
Domingo Pérez warned of this audio, however, he was not heard by Delia Espinoza for the absence of the audio. Therefore, after his suspension he warned that it was a cruelty against him and denounced what happened against the National Board of Justice (JNJ).
In his complaint, the fiscal suspended accused Jerí of the alleged crime of bribery by showing alleged irregularities that compromise the neutrality and integrity of the public function. He also claimed that his suspension was carried out by Jerí under interests linked to Keiko Fujimori’s party to hinder the cases led by him and other prosecutors who participate in the investigations against said political organization.
Delia Espinoza clarifies her fernández Jerí
After Domingo Pérez’s complaint before the JNJ, the prosecutor of the nation arrived, Delia Espinoza. The magistrate explained that she was not able to prevent the ANC from suspending the aforementioned provincial prosecutor. The ANC is an autonomous entity of the Public Ministry, in its work to control the functions of a prosecutor.
“At this time this man who is the head of the National Control Authority is not subject to the authority of the Public Prosecutor’s Office of the Public Ministry I have no interference or I can call him to correct him to say changes your decision He is autonomous is something like that like the authority of the RENIEC or the authority of ONPE“Espinoza said
However, Espinoza said he can file a complaint for a competent provincial prosecutor to investigate the alleged crimes of abuse of authority and usurpation of functions. “By taking knowledge and I already made it (the complaint) of an alleged abuse of authority and usurpation of functions following the impediment to entering the facilities of the facilities of the Public Ministry regarding the prosecutor who had been suspended. We have generated a series of reports with our security manager and has already been informed of the provincial competent prosecutor to investigate these alleged crimes because no citizen, and that is known by any good lawyer and citizen who knows, he cannot be prevented from entering any public installation, “he said.
José Domingo Pérez A Delia Espinoza: “Do not confuse autonomy with impunity”
Regarding Delia Espinoza’s response, José Domingo Pérez told the Republic that the independence of ANC does not mean impunity. The Prosecutor of the Nation did not talk about impunity but of powers of the position.
To support his position he mentioned the reports published by this means in which the audios that evidences an alliance between Fernández Jerí and Adepts by Popular. “The fiscal lady of the Nation has knowledge since April 5, when the Republic takes out the transcription of the audio, from the intentions of Fernández Jerí. Intentions that then materialize with my departure from office. The lady is wrong pointing out that this autonomy gives impunity to Mr. Fernández to commit crimes in the institution of the Public Ministry,” he said.
He also observed Delia Espinoza’s position on the investigation of the Republic, because she said that she as head of the Prosecutor’s Office had to immediately open an investigation against Fernández Jerí. “What is more serious instead of protecting the bearer person from the audio, who becomes the lady mentioned by the Republic, she exposes her in an interview. Thus it only generates a hostile environment and nothing sure for a person with such important information,” he explained.
Finally, he insisted that the Prosecutor’s Maximum Chief can prevent future actions of Fernández. “(Delia Espinoza) under its competence can request measures from the Judiciary to prevent Mr. Fernández Jerí from continuing to continue trying to favor the interests of those investigated and affect prosecutors,” he said.
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