CONFRONTATION BETWEEN THE JUDICIARY
AND CONGRESS OF THE REPUBLIC
ALAN GARCIA ON CASE
MEGACOMISION SEEN BY CONGRESS
PERU
CONGRESS OF THE REPUBLIC
MEGACOMISION
READ REPORTS
Research Report , Case Pardons and commutations of sentence
Research Report , Case Political Interference in Case BTR
Research Report , Case emblematic Colleges
Research Report , Case: Water for All Programme
Research Report , Case Lot Sale and installations of the Air Base of PAF Collique , Collique Airfield , civil aviation school and grounds and facilities of the company INDAER Peru SA
Research Report , SEDAPAL - SIAC
Research Report , Supplementary Cases
Research Report , emergency decrees and other normasHacer a click
REQUEST FOR ACCESS TO INFORMATION
RESPONSE OF CONGRESS
LEGAL REPORT OF CONSTITUTIONAL VIOLATIONS TYPICITY
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NOTES ON WORKING MEGACOMISIÓN
Although APRA boycott : Forum Megacomisión reported on the results of research
( Justice Live, 13.03.2014 )
Amanda Mujica Coronado
investigative commissions
( Masks No. 2325, 03/13/2014 )
Gustavo Gorriti
Despite delaying tactics , Alan García is in the hands of Congress and the Attorney
( Justice Live, 16/01/2014 )
Lilia Ramirez Varela
Alan García fears
( Ideele Journal No. 234 , November 2013)
Lilia Ramirez Varela
Alan García again summoned before the Megacomisión
( Justice Live, 10/10/2013 )
Lilia Ramirez Varela
Alan García fears . Over the last sentence of the Judiciary
( Justice Live, 26.09.2013 )
Lilia Ramirez Varela
Defense Megacomisión
( Masks No. 2301, 19/09/2013 )
Gustavo Gorriti
The megacomisión or fighting against corruption in an adverse scenario
( Ideele Journal No. 221 , July 2012)
Giancarlo Castiglione War
The researcher megacomisión as Alan García : a hunt for fleas
( Justice Live, 23/02/2012)
Nancy Vidal Rodriguez
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MEGACOMISIÓN FORUM DEBATE IN BALANCE WORK OF INVESTIGATING COMMITTEE ON SECOND CONGRESS GOVERNMENT OF ALAN GARCÍA
Statement by Congressman Sergio Tejada, President Megacomisión
Intervention July Arbizu, former Attorney Corruption
Intervention Yvan Montoya, criminal lawyer IDEHPUCP
Intervention Gustavo Gorriti journalist IDL Research
Intervention Carlos Contreras , historian and professor of PUCP
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Source : IDL
AUTHENTIC THE PUMP UP OF THE INVESTIGATIONS
REPORT ON THE BTR MEGACOMISION
Jose Alejandro Godoy
A couple of days ago , the Institute of Legal Defense published , in full, the reports of the Commission of Inquiry into the second term of Alan García , after obtaining them through a request for access to public information .
Now some media have reported the findings of the report related to pardons and commutations granted by AGP . No doubt this is the case is most attractive in media terms , as it has been the most reflectors have had , by the amount of people involved and the level of information to be had about the same over the last year .
DTP Today we would like to rescue another report, both its judicial implications , as historical : hiding in the BTR case. Here is a summary of the main parts of the report .
ALAN GARCIA
The Megacomisión recommended that Garcia may be investigated for the alleged commission of the offense of criminal conspiracy , with Jorge Del Castillo , Hernán Garrido Lecca and Miguel Hidalgo, for allegedly participating in an organization to avoid clarifying both the case as BTR cases of corruption contained in the documents and recordings obtained by this company. In several passages of interest García report mentioned that investigations and searches are carried out by the DIRANDRO , an organization that was in charge of several teams about espionage, but it was not competent to see this kind of inquiry, questions specialty.
It also indicates that there is evidence to indict Garcia for constitutional violation , around the issue of a resolution that amounts to Elias Ponce Feijoo, chief executive of BTR , despite the ocean was several years ago in retirement and by resolution to revoke the same , not to enforce the rules of revocation.
Also ordered to investigate the following contract , mentioned some months ago by Gustavo Gorriti :
Some time later, the Spanish company Endesa , who had legal problems with Petro -Tech , before being favored " by Supreme Decree No. 001-2010 -EM, the January 5, 2010 , which established benefits for utilities generating plants Cold Reserve Generation , " hired Alan García- signer decree to give a lecture in Madrid, for which he paid $ 60,000 .
CASTLE AND THE TWO MARINE
Uncle George is not at rest on the report . Processing is recommended for a coverup , because promoting Ismael output Matta Uribe, to occupy a position of trust in a Peruvian consulate in the United States. The reason is that Matta told Luis Amengual Rebaza - former member of the security Castle - on the interceptions made from BTR . Amengual also went to work at an agency of Foreign Affairs in the North Country
The report confirms Megacomisión with documentation , the version given some years ago by journalist Miguel Gutierrez, who said that Matta would benefit from effective collaboration in the BTR case as he could provide information leading to the capture of members of the company. The Working Group notes that Matta transcribed commissioned by another involved in the case , some of the conversations intercepted from Business Track , which although was not involved in the research . Also, Megacomisión could also corroborate that Del Castillo was the godfather Amengual marriage before it left the country .
But the other major aspect involving officials of the Peruvian consulate in Dallas and Paterson, where both characters ended up . The Megacomisión recommended an investigation for embezzlement because hiring Amengual and Matta was despite both foreign subsidiary had substantially cut their budgets, so it is presumed that a special item for the payment of both characters had , who were dismissed from their positions at the end of the second APRA government .
FISCAL MILE
The other officer standing not fit in this case is the prosecutor Walter Milla, who was in charge of investigations of BTR case. The four accused Megacomisión possible crimes :
a) Concealment staff and failure to prosecute, by subtracting Israel Matta Uribe of investigations that ended in the conviction of the members of BTR .
b ) Real Cloaking , not append to a USB file delivered by Matta Uribe with two audios and transcripts thirteen material entrusted to work for a member of the BTR organization.
c ) Failure to report, by failing to inform the competent authority about the alleged unlawful conduct of members of the Navy of Peru and its Directorate of Intelligence, as its logistics have been used for the activities of BTR . The report mentions the names Megacomisión various officials with access to classified information that were on the agenda of the cell Elijah Ponce Feijoo . Active members and withdrawal of the Navy, National Police and even the name of the lawyer and former aide of Sergio Tapia Tapia Luis Giampietri defender involved in the case are El Fronton .
The first is the case of Banco Azteca , an organization that obtained its operating license when HGL was minister , after he was defeated in 2005 by the SBS and after the entry of the Aztec group shareholding of Alpamayo , business cartoon Garrido Lecca which is also a shareholder and former Minister José Antonio Chang. To illustrate, here the report prepared by Marco Sifuentes and Jonathan Castro , who is quoted by the working group :
http://www.youtube.com/watch?v=n3OtR9naA38
A new report mentions the fact that this case is that it was Jaime Carbajal, Garrido Lecca former partner in several businesses - including Alpamayo - who organized the mega event presentation held in Banco Azteca Stadium Alianza Lima .
A second business mentioned has to do with entering the Peruvian market CEMEX and lower tariffs on cement after the earthquake in Pisco. Here on the report ends tied . According to the document , Rómulo León was quite interested in lower tariffs and indicated in emails that Garrido Lecca was the contact for this topic . Also, Giselle Gianotti mentions that among the missing documents BTR case , this issue was mentioned. It also mentions that , among the emails , correspondence between CEMEX manager in Peru , Juan Carlos Cardenas (Colombian ), with Jaime Carbajal is . Another officer of the company , in a later email , he told Cardenas that Carbajal had seen among the works of reconstruction of Pisco and had to be very careful with him. Ponce Feijoo recognized the Megacomisión who were inquiring on the subject of Mexican cement and connections.
PETROTECH VS . DISCOVER AND PEMEX
For Megacomisión , pressures against Petrotech and the subsequent investigation that tried to involve the company and its executives in industrial espionage linked to Petroaudios , had a north : to encourage the entry of Mexican capital through the alliance between the Norwegian company Discover Petroleum (the faenón ) and PEMEX- COMESA consortium , represented by Mexican Mario Diaz Lugo and Francisco Garza.
Between 2008 and 2009 , based on the information provided by other means and the BTR audio collection in this blog we realized the connections between Diaz Lugo, Fortunato Canaan and Rómulo León Alegría around the oil business. Also Garza 's name appeared on some emails. While Gustavo Gorriti noted that they could be adulterated , confirmed the relationship between Garza and some characters in this plot.
The report notes that Megacomisión Garza would have been present at the meeting that Diaz Lugo, Canaan and representatives had with Alan on Discover Palace in April 2008 . Moreover , another meeting in Palace Garza entered in 2006 . Describes both interest in becoming a Mexican consortium of oil blocks , lack of financial support from Discover Petroleum to enter the bidding for lots of faenón and pressures made BTR members to incriminate the company and its directors.
Advice from Garrido Lecca Savia , the company that was buying product Petrotech by SOEs Korean and Colombian oil Reporters - an issue that was mentioned a few months ago by IDL is also mentioned. It is recommended that the Attorney General investigate this consulting work .
ROXANNE CHEESMAN
The current partner of Alan García is mentioned in two passages of the report. On one hand , it indicates that Rómulo León send them a mail on September 25, 2008 with a letter attached to AGP and points to " appreciate your comment ." On the other hand , Elias Ponce Feijoo mentioned that one of his contacts with Garcia was Chessman . In his testimony given to Megacomisión , the former executive of BTR said he met through the late journalist Guillermo Thorndike and subsequently resumed contact in a meeting at the home of Victor Raul Trujillo APRA militant of Zela . El Comercio said three years ago that:
On Monday President Alan Garcia acknowledged that he met with Ponce who was presented " for half an hour by another person " without revealing the identity of the link . The next day , however , said there was never intermediaries to talk to Ponce Feijoo information or to receive a retired Marine . "I have no middleman, so they can say what they want ," said the president.
Sources close to the process and Ponce Feijoo revealed to El Comercio that person is Victor Raul Trujillo of Zela . The name Trujillo jumped to the media on 28 May, after the first hearing of the case BTR when Edward Sanchez, attorney Ponce Feijoo , required as a witness (which was accepted ) . The lawyer argued that Trujillo Sanchez participated in the meeting with President García Ponce in the basement of a building in Paseo de la República , without providing further details . New reports indicate that it was through Trujillo of Zela in 2006 accused former marine officer of BTR APRA gave the then presidential candidate and his top aides , information related to the election campaign that pitted García and Ollanta Humala , then candidate the Union for Peru (UPP ) party .
And he also said :
According to sources , besides Trujillo de Zela was another route between Ponce and APRA in 2006, but retired Navy decided to keep his name confidential , because it would be a lady well known in political circles .
Ponce Feijoo Megacomisión that drew the couple spoke with Garcia before and after Petroaudios . Literally said " ( I told him ) there was nothing directly linking ( the president ) in these audios, I calmed a little thing ."
Incidentally, the book on the case Gorriti was the first source to mention Chessman as a recipient of information provided by Ponce during the 2006 campaign.
No doubt this report will be talking about in the following days .
(Photo : Perú.21 )
Source : Blog Desdeeltercerpiso.pe
March 27, 2014
FINAL REPORT MEGACOMISION
ON NARCOINDULTOS
By Marco Sifuentes
Last week, the Megacomisión cleared its final report , but the smoke bomb Yehuda passed the lanyard . Today , Alan García has published, as usual, Trade - in their defense . The problem is that is making disclaimers about charges that have been very little known . The public has not been properly informed of the findings Megacomisión amazing , so let's change that.
Of all the cases reported by the Megacomisión , the most amazing and engaging is that of narcoindultos . Carlos Leon Moya, Hildebrandt in his Thirteen , published an extensive report detailing each Destapes . A pump untold megatons. Read it .
He reached his Waterloo
(excerpt ) by Carlos Leon Moya
Research by the Megacomisión " realize unprecedented use " of presidential pardons over the period 2006-2011 , " as to constitute in practice a system of parallel justice to the judiciary, to modify about 30 % of the resolutions of this . " Also, is " high impact on the release of persons convicted for the crime of drug trafficking , both in its simple form as in its aggravated form ."
A total of 232 pardons were granted , 72 of which were for cases of illicit drug trafficking . 5,246 commutations of sentence, of which 3,207 were convicted for the crime mentioned were also awarded . Of these , at least 400 were granted to convicted for drug trafficking in aggravated form .
In his remarks to the committee, argued that presidential García thanks were due to its goal to "eradicate overcrowding of prisons ."
However, the evidence contradicts his defense. Far from narrowing , during his administration the number of inmates increased 33 %, from 35,467 in August 2006 to 48,858 in July 2011 also does not explain the special interest on those convicted of drug trafficking . . Those sentenced for aggravated theft make up most of the prison population, with almost 30 % of all inmates. But these commutations were granted 1,626 , almost half of the 3,207 were given to those convicted of drug trafficking .
Added to this is that 371 commutations were granted to convicts with day release ; ie , occupying no space in jails. Of these , 268 were also convicted of drug trafficking .
To deliver this amount of pardons and commutations, it was necessary to modify the existing rules. On the one hand , the requirements and the requirements were relaxed . In addition , the committees who saw the cases to be merged benefit , centralizing management into one: the Presidential Pardons Commission . This was modified with respect to its predecessor : the quorum of installation of 4-3 members is reduced , its composition was changed - to professionals for appointment simply , the draw for the distribution of applications removed between commissioners and the obligation to file requests denied clemency was also eliminated .
The report includes analysis of cases: 3 of pardons and 39 commutations of sentence . In pardons, delivered revising Dianderas Ottone Juan Jose Francisco Jimenez Crousillat and Julio Espinoza , president of Integrated Health System. The three were pardoned despite not suffering terminal illness.
The request was rejected even Crousillat ago by " not fit " within the requirements for this presidential pardon . For Espinoza Jiménez , the Commission finds that there was an "escape from justice action " because he was pardoned in the judicial process despite not meet the requirements to receive such grace.
Regarding the cases analyzed commutations of sentence, and whole cases of families being switched bands and billing complaints was found. Most significant in this part, however, is to verify that Alan García decreased sometimes switching the years proposed by the Commission on Presidential Pardons , detailing the changes with your own handwriting. Ie altered records .
" Everyone gave them my rubric ," Garcia told the Commission. " You can see it in 5,200 cases. I have no problem. " He also said not to know about the change in regulation. "I guess it ( happened) by the minister in charge. Absolutely not know these negotiations. " Asked about the high number of switching for drug trafficking said he " did not have to prioritize ," and that " up to them ( the ministers ) ."
The Megacomisión concludes that while the granting of pardons and commutations is a presidential power , this is subject to the limits set in the Constitution. Its use is "discretionary ," but not be arbitrary. In its execution , " not some motivation seen , much less sufficient reasoning to support the conclusion in the forgiveness of punishment " nor an "objective explanation that supports the decision," which is compounded when detecting that they were " granted to crime and whole family groups " organizations.
Likewise, García attempted against its exceptional character to deliver massively , becoming " in an arbitrary way of release , indiscriminate release of convicted offenses drug trafficking , both in its simple form as in its aggravated form ."
That commutations have been a drug is no less the Megacomisión insists on more than one occasion that this contravenes the eighth article of the Constitution , which provides that " the State and sanctioned combat illicit drug trafficking ." Not just any crime : crime is a constitutionalized .
In sum, " the granting of commutations of sentence to convicted of drug trafficking has gone through the formal boundaries and materials derived from the Constitution." As " the Judiciary met judge who incurred the commission" of the crime , " the executive used the prerogative of the Law of Grace to subtract the execution of the sentence to those actors who wronged society with the commission of this unlawful. " This did not respond to a policy developed by the Ministry of Justice , the report said , " but it was a policy into the prison theme, which was applied for the entire management of Alan García Pérez " .
These findings allow to establish , say , " evidence of criminal responsibility" Alan Garcia for allegedly committing offenses of a coverup and conspiracy to commit a crime . Also found that Garcia violated reasonable the following Articles 39, 43 , 44, 45 and 118 of the Constitution clues. Also found evidence to conclude that Garcia violated the eighth article of the Constitution which " imperatively ordered the State to combat and punish drug trafficking ."
For the latter, " responsible for formulating impeachment against former President Alan García Pérez " especially " for breach of the provisions of Article 8 of the Constitution of Peru " (page 149 of the report).
Source : Utero pe
March 31, 2014
REVOCATION OF COURT REPORTS CONFIRM ' MEGACOMISION '
Alan García
Lawyer Alan Garcia, Wilber Medina said that the Fifth Constitutional Court ruling of Lima " has died " working group chaired by Sergio Tejada Galindo ( President Megacomisión investigating the former president ) .
The lawyer of former President Alan Garcia, Wilber Medina, accompanied by APRA legislators, reported today that the Fifth Constitutional Court of Lima declared the nullity of the summons to exmandatario October 4th and last session of the 30th of that month , plus all subsequent and successive acts , therefore , invalidate the eight reports ' megacomisión ' exclusively related to the applicant is confirmed.
" This decision ( of the Fifth Court Constitutional) that I have on hand is only the final stage of what the judge ruled on October 22, 2013 whereby, in immediate action by the judgment , ordered that the summons who studied him for 30 was invalid, had to adapt . However , Congressman Tejada and the judge did not comply and has established it , " Medina said in a press conference .
[' Megacomisión ' claims that Garcia committed a crime ]
He explained that the public prosecutor of Congress filed a notice and withdrew the appeal , " so the resolution No. 4 of October 22 is firm and therefore needs to ejecutoriarse . On that basis, the judge ruled today. "
Counsel pointed out that what we now have to do the ' megacomisión ' is to ask the Board Congressional retirement of such reports.
"The ' megacomisión ' is extinct , there ," Medina said. He said that if you want to investigate the second government of Garcia Perez again , he must file a new motion to another working group is formed.
[ García : Report ' megacomisión ' seeks to eliminate electoral adversary ]
In a statement, the Superior Court of Lima argues that the decision of the judge's chambers Zavaleta Hugo Velasquez " is because the ' megacomisión ' has not complied with the provisions of two court rulings in which it is ordered that the commission must specify a timely manner and the wrongful conduct alleged offense and / or constitutional violation allegedly committed by Garcia in each research topic . "
For the legislator Mauricio Mulder, the ultimate resolution of the Fifth Constitutional Court confirms the annulment of the investigation into the president " by a systematic violation of due process."
Having said that , Congressman Sergio Tejada ruled in his Twitter account .
The history of our Peru should not record a new episode of impunity. Democracy is severely dented when untouchables .
- Sergio Tejada (@ sergiotej ) March 31, 2014
[ Read the Constitutional Court ruling on Garcia Quinto and ' megacomisión ']
Source : peru21.pe
March 31, 2014
JUDGMENT AGAINST NEW MEGACOMISION
By Alejandro Godoy
I just read the judgment of the Fifth Constitutional Court on the new motion filed by the defense of Alan García against Megacomisión . Voided citation October 2013 and subsequent acts relating to the applicant , ie , achieved in practice , for now ( explain below why I do this atingencia ), not the number of Report issued applied by this group working the president . Some comments on the fly.
1. This was sung by Garcia 's defense strategy. As mentioned in the Act a few months ago :
"The commission quotes on 4 October to 30 March. On October 10, notified the Court that the new subpoena did not comply with the orders of his failure. Attorney of Congress requested the annulment of the decision and the judge declared invalid unfounded 22 last October and said that immediate action is not challenged , "explains Medina .
Therefore , continued the lawyer, in his last appearance before the Megacomisión Garcia presented the same day that left a letter that while sitting came to citation parliamentary group had not yet fulfilled the injunction .
" If all you have is built on a mud, then tomorrow could demand the nullity of the whole session and we charge 30 . Simply because what works on an irregular basis is already flawed and should be declared void ," says .
February . Resolution asks Congress to be informed Garcia on charges laid , whether crimes or constitutional violations. And there I think a mistake is made . While the parliamentary inquiry will be applied the rules of due process , criminal trial parliamentary investigation was unduly equated . A defect already crawled from under the first on the subject. As I said Gustavo Gorriti :
I , for example, your concept of what an investigation is narrow and confining . Often, an investigation is not part of an assumption of guilt , but a search of the unknown . If you know that there has been corruption , for example, but it is unknown who the organized and how, in what way is investigated as defendants who are currently sources of information? And even if you have some assumptions , how they are made explicit without it being taken as a preview of the investigator's opinion ?
March . Gorriti As mentioned in the aforementioned article, Garcia was well prepared to citation April. And as I read the reports of the Megacomisión , so did in October . So, it appears that the strategy has been to try to override mechanisms through formal research and if , on appeal dismiss this resolution, claiming political persecution. We are therefore faced with a violation of due process.
April . Another odd question. The statement was issued amid strike by workers of the judiciary, it prevents , for now, see if Aurelio Pastor or may not be prosecuted for influence peddling to a complaint from the mayor of Tocache , Corina de la Cruz . And besides, is emitted when the Megacomisión no longer works and can not quote AGP . The legal strategy therefore searched rid it of the final report.
May . Unlike APRA friends who see this series of flimsy documents , I must say that the Report of the Megacomisión is quite well informed in most of its ends . The most likely scenario is that several of the ministers of the second government of Garcia take several periods in prison , both because there are several indications that point to his guilt , for the vocation of sacrifice that APRA has exhibited in recent decades regarding corruption. Topics in disqualification and possible crimes allegedly committed by Garcia will be a separate battle, the president himself and began to fight in an article in El Comercio.
6. Eye , this decision may be appealed. So I still have to fight a legal battle in which the Attorney Congress shall suitably inform because there was no violation of due process and the differences between a criminal and a parliamentary inquiry are .
So, this is a long process and it will be quite exhausting for all involved , starting , of course, by the very Alan García .
Source : blog desdeeltercerpiso
March 31, 2014
EVERY TIME ALAN GARCIA
HAS SAVED FROM JUSTICE
By Danae Rivadenera
Again, Alan Garcia pound be directly investigated .
Today, the Judiciary declared void the Megacomisión final report , which recommended constitutionally accuse the former president Alan García for the irregularities committed during his second term . Coincidentally, today also expired term of this committee. I mean, if you wanted to reinvestigate Alan Garcia would have to form a new committee.
As incredible as it sounds, this is not the first time that Alan Garcia is saved from being directly investigated .
Tactics and strategy
The strategy that Alan Garcia has faced investigations depended who the investigator facing . For example, in the case of Megacomisión , " Garcia 's defense has tried to cancel the entire process using amparo " says Congressman Sergio Tejada. At other times he has played in wall with political allies. For example , in 2001 , thanks to the influence of Fujimori , he consiguó prescribing corruption of his first term . But , when things have become more complicated , curiously, the prosecution has filed investigations or has decided that "there is no merit to start an investigation."
In narcoindultos case, the prosecutor presented to the Attorney General , Jose Pelaez Bardales , some switching tabs " handwritten Garcia where he changed the date of conviction ," the institution he leads Peláez Bardales not accepted on the grounds that "there is no evidentiary rigor" and that there was an ongoing investigation initiated by Congress recalls Arbizu . "He who has an investigation does not mean you can not start another . Unfortunately , when the Prosecutor gives absurd answers and there's nowhere else to go , "said the anti-corruption prosecutor Christian Salas.
Prosecutor Jose Pelaez Bardales
Julio Arbizu , there is an inclination of the Public Prosecutor to be more flexible with certain APRA
Petroaudios and BTR
Illegal wiretapping in which listening to administration officials Garcia peddling their influence to award government contracts : In October 2008 petroaudios scandal broke . The main actors in this tragicomedy were Químper PeruPetro Alberto APRA and Romulo Leon , whom the whole country heard of " oiled " to get favors from the Norwegian oil company Discover Petroleum Company.
The audios uncovered an entire machinery wiretapping ended with the departure of Jorge del Castillo, then Prime Minister , along with his entire cabinet . Later we learned of Garcia 's close friendship with the owner of Bussiness Track, his meetings with Fortunato Canaan calls Romulo Leon Government Palace, etc. .
The investigation began that same year and was divided in two : on one hand the Track Businnes case involving only the chuponeadores ; and on the other , the case sought Petroaudios investigate corruption cases that had emerged from the talks and involving APRA administration officials who had sold favors.
The BTR case was resolved with unusual speed , while the case is pending Petroaudios oral phase.
"The BRT was solved with astonishing speed for the average Peruvian cases," says Julio Arbizu . Indeed, the BTR case ended with the incarceration of the perpetrators . However, " it's been six years since the investigation into the case began petroaudios and we are not even in the oral jucio " says attorney Chambers.
The most worrying thing is that expire in October. But this is a foregone conclusion if one considers that the irregularities began from the first arrests . When the investigation began , the prosecutor , Oscar Zevallos only notified the Office of Energy and Mines as a state representative and not the Anticorruption Office , when the crimes were investigated competence. Then , the process has been hampered by the continuous change of prosecutors. A total of five have been seen to have the case. First it was Oscar Zevallos, then Juana Meza, followed by Flor de Maria Vega, Delia Milagros Espinoza and Mora, current tax charge .
" This constant change of tax has been a problem because it is a huge topic and just when the prosecutor finished studying it, exchange it for a new one. It stank , "says Christian Salas.
In regard to the reporting of the case there are more than BTR suspicious events . For example , marine Ismael Matta Uribe and Luis Amengual Rebaza voluntarily accepted effective collaboration , however , after giving his manifestation , were excluded from the process and instead of being included in the event were rewarded with a contract in consulates of Patterson , New Jersey, and New York , respectively , with a salary of $ 4,500 .
Furthermore, Ismael Matta gave prosecutors a USB with incriminating information that until now has not been included as evidence of the process. " He stayed in the hands of (Walter ) Milla. He must have, he never delivered , "says Sergio Tejada.
The report of the Megacomisión , it is recommended that both the Mile and Attorney Walter Jorge del Castillo , are accused of the crime of concealment .
But that's not all , coincidentally, the same day the first raid on the offices of BTR , the then Attorney General , Gladys Echaíz had an appointment with Alan García . " She said it was to discuss a bill but this is an unlikely coincidence ," said Tejada.
Another striking fact is that the General retired Police , Miguel Hidalgo, then interior minister decided to be the Anti-Drug Directorate ( DIRANDRO ) which is in charge of the case and not the Criminal Investigation Division of High Technology ( Divindat ) . Hidalgo justified its decision by arguing Divindat chelates did not have enough resources. As you can imagine , the decision of Hidalgo only brought difficulties to the investigation. In a subsequent raid on the house analyst BTR , Giselle Gianotti , in January 2009, four USBs in the transfer to the DIRANDRO were changed by other seized . Prosecutors recently noticed the Change- in March 2010 . , That is, one year and two months later.
The testing continued to disappear . Monday morning May 4, 2009 , an "intruder " entered the office of Judge María Martínez Gutiérrez, on the fourth floor of the Palace of Justice , and deleted 592 files ( audios and emails ) also seized two USBs Giselle Gianotti . But it is not only the disappearance of evidence against him playing the clarification of this research. " There are many audio and files are sealed . We asked the court to the prosecution ( the ) take out and open and listen but have refused , "the attorney Chambers.
To all this we also add delays to start the trial. The Criminal Chamber of the Supreme Court asking it to open the oral procedure be notified to Discover Petroleum , including in research and civil third party liability. The problem with this request is that no longer exists Discover Petroleum . "We ask that the trial starts and send them the proceedings but so far there is no certain date," July Arbizu . Meanwhile , those involved in this case are hoping that come October and the miracle of the prescription is made.
The looming shadow of the prescription
This is not the first time the prescription García saves being investigated . In 1992 a process was initiated against APRA leader for illicit enrichment , due to his alleged involvement in the scandal of the Bank of Credit and Commerce International (BCCI ), its intermediation in the sale of Mirage 2000 aircraft , in addition to an obvious imbalance equity .
The other process was opened in 1994, also for embezzlement , illegal collusion , negotiation and passive bribery incompatible also was accused of giving bribes to grant building rights electric train Tralima Italian consortium . Well , Alan Garcia fled the country and took refuge in France and Colombia , hoping that the crimes for which he was charged , prescribe.
The future of the case petroaudios seem to follow the same path.
Ghosts of the killings
If the second government of Garcia was characterized by corruption scandals , the first was marked by serious crimes of violation of human rights.
The Cayara case is one of the more striking because of the irregularities committed. Between 14 and 20 May 1988 , a total of 39 rural district Cayara , Ayacucho, were systematically murdered by a group of soldiers . The few people left alive of that slaughter , turned into witnesses were murdered months later.
" Pinedo Attorney Carlos Escobar was responsible for the information , he asked Garcia to help protect witnesses , gave their names, and soon almost all were killed ," said Gloria Cano , director of APRODEH.
That same year, the Senate committee to investigate the killing denied the crimes. The only people who disagreed were Senators and Gustavo Javier Diez Canseco Mohme Seminar .
In 2005 , the Prosecutor Cristina Olazabal included Alan García in investigating the case as a political leader Cayara with three other senators and four military chiefs. Shortly after the tax was removed from office. His replacement , fiscal Miluska Alan Garcia Cano excluded from the investigation.El Frontón
The massacre at El Fronton
The case of the massacre at El Fronton in 1986 was similar. Although 33 inmates were executed, the case was dismissed for lack of evidence . In 1990, a Congressional Investigating Committee determined that senior civil and military officials were involved in the slaughter and agreed to issue a report to the Public Prosecutor but the APRA , with the support of Fujimori Rate 90 , achieved the necessary votes to reject the accusation .
In 2005 , the top prosecutor Edgar Chirinos ordered the provincial prosecutor Mario Gonzales reopen the investigation against former President Alan Garcia and all members of Council of Ministers 1986. Nevertheless, the January 26, 2006 , the 5th Supraprovincial Prosecutor to by the prosecutor Mario Gonzales , solved the final case file. Finally , in September 2013 , the Constitutional Court said that what happened in the pediment is not a crime against humanity by putting date "requirement" to that extrajudicial execution.
" There is a hidden behind the Public Ministry investigation prevented power," said Gloria Cano , director of APRODEH. " I am very disappointed with the subsystem and the new election of the prosecutor does not seem that the outlook will improve ," concludes the anticorruption exprocurador , Julio Arbizu .
Source : Utero pe
March 31, 2014
5 REACTIONS TO SAVE A FAILURE
ALAN GARCIA TO BE REPORTED
By Ernesto Cabral
As Rosa María Palacios has , in the 90s Alan was saved from being investigated . Now , Garcia does it again .
Yee! Source: The Mule
Yesterday was published the resolution annulling the Megacomisión reports where former President Alan García is mentioned. Here we bring you all the reactions to failure, according to former Attorney Arbizu July, is an ominous precedent.
. 1 # Tomalacalle: spontaneous protest in Plaza San Martin and Judiciary
Source: Trade
After learning of the decision of the judiciary, different citizens organized through Twitter using the hashtag # Tomalacalle. At 7 in the evening gathered in the Plaza San Martin, and then go to the facilities of the judiciary, in the center of Lima.
February. Alan The Great Transformation
It is not the first time Alan Garcia contradicts over time. But after saved thanks to an amparo, Carlos Leon Moya reminds us what he said two years ago.
By Carlos Leon Moya
March. Has not violated the judiciary the principle of separation of powers?
President Humala has also criticized the ruling in favor of Garcia. Source : Industry
Furthermore, just as the Megacomisión emits no longer works, and you can not quote back to Garcia. In his column today , Augusto Alvarez Rodrich is straightforward about these irregularities :
The judiciary is the Apra what Maracana Brazilian 'scratch' , where if you lose , it becomes an unusual and historic.
Yesterday proved it once again , with a statement that was just in time to re - save as a little over two decades ago, at the end of his first term to Alan García - trance of awkward to have to step up to justice for the obvious and shameful irregularities of his second term .
( ... )
What APRA guards tried a few weeks ago at the Riviera Hotel , to break like thugs , got this yesterday and judiciary that should open up and put the star on its front and take the Marseillaise anthem .
Well, we had already described the influence of Alan in the Public Ministry .
. 5 Sergio Tejada : " The audit function has been mutilated "
Could not miss Congressman Sergio Tejada , who was president of the Megacomisión . Today he wrote a column in response to the failure Diario16 favoring Alan . Here 's an excerpt:
It is also surprising that the proponents of García Pérez in Congress have been repeated with great confidence that the third summons was void their leader , a situation which , again, was not resolved until Monday. Do they knew in advance the resolution of the Fifth Constitutional Court ( which was issued , by the way , despite the strike of the judiciary ) ?
Regardless, the feeling that this leave the vast majority of Peruvians are among us "untouchables " who are above the law, even when not exercising public office (ie , have no " power" in the Formal ) can not be not even mentioned in a report by Congress .
Note that Tejada knew he was going to face all these maneuvers. And despite that , Congressman game, as one of the support members Megacomisión .
So you know ...
The President of Congress, Fredy Otárola gave their statements on the same line:
"We will not allow violating the Constitution, trampling the rule of law ... the judiciary seeks the votes of congressmen are changed, that is forbidden by the Constitution"
Along with various members of Congress, Carlos Tubino submit an appeal that should be seen by a supreme court.
April. How if issued judgment judicial workers are on strike?
As it explains José Alejandro Godoy, it is rare that this statement is issued in the middle of a strike in the judiciary (which, for example, prevented the judgment of the Utopia case read)... And to repeat the whole story again.
Source: Utero.pe
April 1, 2014
THIS WAS WHAT I SAID THE DEPUTY APRISTA
MAURICIO MULDER ON THAT FAILURE
JUDGE NOW TO CELEBRATE
Now APRA say caviar celebrate when a judge gives reason to Diez Canseco but cry when the judge gives him reason to Alan. Ok, this is what Mulder said about the ruling of the judge who now celebrate when they gave the lame reason:
- Only a clown can do that.
- We should assess the reporting of this because you can not judge a judge of the republic issue a ruling that says it commands the parliamentary ethics committee. That judge is committing crime. It is a prevaricating failure.
- (...) Even the ability to summon the head of the judiciary to say what types of actions are taking against such judges.Mauricio Mulder of ruling in favor of Javier Diez Canseco : The judge is a clown
The APRA parliamentary thus criticized the judgment of the Superior Court, which annulled the sanction granted by Congress to Diez Canseco.
Lima. " That judge is a clown , how it will render a judgment of this kind , did not know about the separation of powers ? " Said Congressman Mauricio Mulder criticizing the judgment of the Superior Court in favor of Javier Diez Canseco .
Mulder said that the judiciary is interfering with the jurisdiction of Congress to set aside the judgment Diez Canseco. "That is forbidden, deserves a complete rejection and fast delivery of its president ," he said .
Parliamentary Juan Díaz God supported this stance and noted that " jurisdiction is violating the unconstitutional manner."
In this regard , the president of the Ethics Commission , Humberto Lay, said they hope the official notification of the Judiciary to ask the Attorney Chamber intervene in the case.
All these disagreements began when the Superior Court of Justice annulled the 90-day suspension imposed upon him by the full Congress parliamentary Javier Diez Canseco for allegedly submitting a bill that benefited his ex-wife and daughter.Source: Utero.pe and Perú.com
April 2, 2014
NEW SMOKE CURTAIN ALAN GARCIA
By Ernesto CabralAl apparently Alan Garcia is ready to take what he believes will be his final thrust.Source: TV Peru
Just days after learning of the decision annulling the Megacomisión reports (where the former president mentioned), García publicly launch a complaint against Ollanta Humala.
Sure many did not realize that tweeted while we were all focused on the earthquake that struck northern Chile and southern Spain. No matter, here's what the former president said:CHAN. The original tweet here
What is the strongest complaint against Garcia? Having pardoned drug dealers. Maybe that's why this research was recycled only at the end of the investigations. Although, as you will remember, had already released a few weeks ago accusation, but without naming names (as is usual in it):
"If we talk about drug trafficking, to me I've never paid anyone to leave off his plane in the jungle," were the statements given in the program Alan Milagros Leiva.
However, it was not Alan who just unveiled the mystery. Let's see.
The complaint is three years. In 2011, journalist Paul O'Brien published research where Humala is accused of receiving money from drug traffickers.
Original Tuit
Yesterday, Alan tweeted screenshot of a comment by Jaime Rivera Antezana. So far, I could not find the comment (only here). Or am very bad looking, and text so far is private. In any case, it was Antenaza who reveals that Alan was the suggestion on this complaint.As if it was not clear. Original Tuit
It seems that this was already planned as part of the "political advocacy" to save Alan wields the Megacomisión. First the rumor about an alleged child not recognized by Tejada, then another Humala and now this.
What? Does that mean you should not investigate the complaint against Humala? Ehm ... I did not say that. Obviously you have to investigate. But the analysis here is in the act of Garcia, the irresponsible way he throws the stone and hide the hand. Let's see how it goes this time.
Source: Utero.pe
April 2, 2014
THE DOSSIER Garrido Lecca
By Alejandro Godoy
To whom we follow closely the second APRA government , Hernán Garrido Lecca was always a box of surprises . And not of the pleasant . His two terms as minister and business actions have been marked by cases that merit further investigation . Following reports Megacomisión , which comprise two documents , here is a memorex on Garrido Lecca activities that deserve a public clarification .
CARLOS SPIDER : Man of the mobilizations was APRA Deputy Housing for 48 hours. He left after that will be transcribed was linked to four construction companies, one of them, with brother Agustín Mantilla. Then he was named executive director of Water for All program , but left there after two journalists were attacked in a ceremony of atonement Mantilla which he presided . In both cases , resolutions were signed by Garrido Lecca , then Minister of Housing, Construction and Sanitation .
WATER FOR ALL: The earlier discussion of Arana was just the tip of the iceberg. The Megacomisión Report on Water for All Garrido Lecca indicates that constitutionally must be denounced by issuing emergency regulations declared Sanitation sector. These standards did not have the relevant technical support and generated processes where found alleged irregularities and deficiencies , to partially suspend the application of the rules of the General Law on Government Procurement procedures and SNIP . In addition , it is recommended to report Garrido Lecca as part of a criminal conspiracy , considering an organization to irregularities and possible crimes related to Water for All program was established . I recommend reading the report where several officials SEDAPAL fall between 2006 and 2011 , several alleged irregular procurement processes .
Advertorials IN THE REASON : In 2007, Rear Window program found that , during the administration of Garrido Lecca in accommodation, paid advertorials in newspapers Montecristo Publishers , the company of the Wolfensohn family, some of whose members spent time in prison for selling the editorial line of their daily chicha the Fujimori government ( yes, the same case for which the autocrat now being processed ) . To save his skin , Garrido Lecca threw the communications director of his then ministry.
LAPTOPS FOR 100 DOLLARS : This is a case where HGL was involved tangentially and which recommends the Megacomisión delve into inquiries . Marco Sifuentes summarizes the interference of Garrido Lecca therein:
In May 2007 , the then ministers (and partners) José Hernán Garrido Lecca Chang and announced that "in agreement with the MIT " Peru would acquire a 100 dollar laptops " that have improved education in other countries the world."
Everything was a lie. There was an agreement with MIT , but with the OLPC Foundation, laptops can cost almost double and Peru was the first democratic country to announce its purchase. ( Garrido Lecca is a graduate of MIT , note DTP)
Faced with criticism from some experts, the Ministry of Education, Chang decided to convene a " independent experts " to be endorsed cart. Technicians were the guys CPAD , the Privy Council for the Digital Agenda . In a showy press conference, said that after a thorough review that it took no less than one day, had decided to endorse the purchase of computers (actually , prototypes, because the machines were not yet on the market) .
What they did not say "independent technical " is that they both worked for the University of Chang , one a director CORVUS , the International Digital Organization Center at the University San Martin de Porres and the other belonged to the Laboratory of e-business the Faculty of Engineering and Architecture at the university .
Finally, XO were purchased without going through the SNIP . The last batch was purchased no less than in July last year, in the last days of the APRA government , when national and international experts denounced the project as a big fiasco.
Here is who ends up splattered over José Antonio Chang, who is currently a board member of Crucible , near the former partner of Garrido Lecca , Jaime Carbajal and former President Alan García .
INTERFERENCE IN CASE BTR : The Megacomisión found evidence of the commission of the offense of criminal conspiracy in the case of Garrido Lecca for participating in an organization to avoid clarifying both the BTR case as cases of corruption contained in the documents and recordings obtained by this company. The reason? Pressures Garrido Lecca made by the father of the children of Giselle Gianotti , Wilson Gomez Barrios. Here is a summary of a report presented at Daniel Yovera # esnoticia :
http://www.youtube.com/watch?v=GDyVjOGUm-MBANCO AZTECA: This entity obtained its operating license when HGL was minister, after he was defeated in 2005 by the SBS (when Garrido Lecca was their lobbyist) and after the entry of the Aztec group shareholding of Alpamayo, the company cartoon Garrido Lecca which is also a shareholder and former Minister José Antonio Chang. This story in an interview we made with Marco Sifuentes and Jonathan Castro:
By Alejandro Godoy
To whom we follow closely the second APRA government , Hernán Garrido Lecca was always a box of surprises . And not of the pleasant . His two terms as minister and business actions have been marked by cases that merit further investigation . Following reports Megacomisión , which comprise two documents , here is a memorex on Garrido Lecca activities that deserve a public clarification .
CARLOS SPIDER : Man of the mobilizations was APRA Deputy Housing for 48 hours. He left after that will be transcribed was linked to four construction companies, one of them, with brother Agustín Mantilla. Then he was named executive director of Water for All program , but left there after two journalists were attacked in a ceremony of atonement Mantilla which he presided . In both cases , resolutions were signed by Garrido Lecca , then Minister of Housing, Construction and Sanitation .
WATER FOR ALL: The earlier discussion of Arana was just the tip of the iceberg. The Megacomisión Report on Water for All Garrido Lecca indicates that constitutionally must be denounced by issuing emergency regulations declared Sanitation sector. These standards did not have the relevant technical support and generated processes where found alleged irregularities and deficiencies , to partially suspend the application of the rules of the General Law on Government Procurement procedures and SNIP . In addition , it is recommended to report Garrido Lecca as part of a criminal conspiracy , considering an organization to irregularities and possible crimes related to Water for All program was established . I recommend reading the report where several officials SEDAPAL fall between 2006 and 2011 , several alleged irregular procurement processes .
Advertorials IN THE REASON : In 2007, Rear Window program found that , during the administration of Garrido Lecca in accommodation, paid advertorials in newspapers Montecristo Publishers , the company of the Wolfensohn family, some of whose members spent time in prison for selling the editorial line of their daily chicha the Fujimori government ( yes, the same case for which the autocrat now being processed ) . To save his skin , Garrido Lecca threw the communications director of his then ministry.
LAPTOPS FOR 100 DOLLARS : This is a case where HGL was involved tangentially and which recommends the Megacomisión delve into inquiries . Marco Sifuentes summarizes the interference of Garrido Lecca therein:
In May 2007 , the then ministers (and partners) José Hernán Garrido Lecca Chang and announced that "in agreement with the MIT " Peru would acquire a 100 dollar laptops " that have improved education in other countries the world."
Everything was a lie. There was an agreement with MIT , but with the OLPC Foundation, laptops can cost almost double and Peru was the first democratic country to announce its purchase. ( Garrido Lecca is a graduate of MIT , note DTP)
Faced with criticism from some experts, the Ministry of Education, Chang decided to convene a " independent experts " to be endorsed cart. Technicians were the guys CPAD , the Privy Council for the Digital Agenda . In a showy press conference, said that after a thorough review that it took no less than one day, had decided to endorse the purchase of computers (actually , prototypes, because the machines were not yet on the market) .
What they did not say "independent technical " is that they both worked for the University of Chang , one a director CORVUS , the International Digital Organization Center at the University San Martin de Porres and the other belonged to the Laboratory of e-business the Faculty of Engineering and Architecture at the university .
Finally, XO were purchased without going through the SNIP . The last batch was purchased no less than in July last year, in the last days of the APRA government , when national and international experts denounced the project as a big fiasco.
Here is who ends up splattered over José Antonio Chang, who is currently a board member of Crucible , near the former partner of Garrido Lecca , Jaime Carbajal and former President Alan García .
INTERFERENCE IN CASE BTR : The Megacomisión found evidence of the commission of the offense of criminal conspiracy in the case of Garrido Lecca for participating in an organization to avoid clarifying both the BTR case as cases of corruption contained in the documents and recordings obtained by this company. The reason? Pressures Garrido Lecca made by the father of the children of Giselle Gianotti , Wilson Gomez Barrios. Here is a summary of a report presented at Daniel Yovera # esnoticia :
http://www.youtube.com/watch?v=GDyVjOGUm-MBANCO AZTECA: This entity obtained its operating license when HGL was minister, after he was defeated in 2005 by the SBS (when Garrido Lecca was their lobbyist) and after the entry of the Aztec group shareholding of Alpamayo, the company cartoon Garrido Lecca which is also a shareholder and former Minister José Antonio Chang. This story in an interview we made with Marco Sifuentes and Jonathan Castro:
TARIFF REDUCTION IN CEMENT : Coinciding with the arrival of the Mexican company CEMEX to Peru and Pisco earthquake . As we report last week, the report of the case Megacomisión on BTR tied several ropes . According to the document , Rómulo León was quite interested in lower tariffs and indicated in emails that Garrido Lecca was the contact for this topic . Also, Giselle Gianotti mentions that among the missing documents BTR case , this issue was mentioned. It also mentions that , among the emails , correspondence between CEMEX manager in Peru , Juan Carlos Cardenas (Colombian ), with Jaime Carbajal, partner and Chang Garrido Lecca is .
Another officer of the company , in a later email , he told Cardenas that Carbajal had seen among the works of reconstruction of Pisco and had to be very careful with him. Ponce Feijoo recognized the Megacomisión who were inquiring on the subject of Mexican cement and connections. Indeed, those who were following the case knew that people started finding out BTR Garrido Lecca data on cement business , banking and hospitals and thus came Fortunato Canaan, Romulus and Don Bieto .
HOSPITALS : Garrido Lecca was mentioned in several of the Petroaudios linked to the construction of hospitals, when he was Minister of Health. As summarized at the time:
Canaan, with the help of his then unconditional Rómulo León Alegría , have obtained the then brand new Health Minister, Hernán Garrido Lecca , and other officials of the ministry support to achieve their goals.
The first, and fundamental to its purpose , it was the signing of a framework agreement between the Ministry of Health and the Organization of Ibero-American States (OEI ) . The agreement allowed the OEI organize public tenders for the construction of hospitals. Canaan demanded that commitment took shape to control the bidding process and your request was fulfilled on March 18 last .
But that was not all, also requested confidential information about the technical files , will influence the preparation of the bases of the above competitions , and especially in the way the reference amount of the works were fixed .
It is true that this negotiated course did not materialize at all, but the crucial aspects (like making bases and awarding the bid for the creating of hospitals ) , were aimed until mid-May when León Alegría and Canaan fight .
THE CONSULTING : Two reports Romina Mella for IDL- Reporters (see here and here) realize consultancies did Garrido Lecca for companies that had contacts with the state, in the period between leaving the Ministry of Health and end of the Garcia government . The main conclusion is the following :
In the last two years of the APRA government , between 2009 and 2011 , Garrido Lecca did consulting for 14 companies (domestic and foreign ) , for which he gained a total of 3 million 255 thousand 054 soles , according to what he told sunat. That amount is equivalent to 15 years as minister of state , considering the monthly salary received 15 thousand 600 soles .
The important thing is that eight of these fourteen companies or economic groups had a contractual relationship with the State during the last government of Alan García . For these consultancies Garrido Lecca won 2 million 081 000 341 soles.
CARBAJAL COMPANY : The pit today is IDL- Reporters . A business related to a study on sugar recovery leads to the following:
This case is even more revealing : one of the companies Carbajal , markets Norandina , was awarded a contract directly with the State while their partners ( in pot , note DTP) , and Chang Garrido Lecca , were ministers .
By the way, the studio that made the financial consortium T & FR - Markets & Norandina to highlight the actions of Pomalca and Tuman was , for practical purposes , useless.
In 2009, Congress passed a law that gave workers of both sugar preference in the purchase of shares. The titer was based on market information, using a completely different study done by the consortium methodology.
This was not the only contract awarded to the consortium T & FR - Markets & Norandina . The supplier portal of MEF records an award by 11 thousand 528 soles in 2009. Entity not figure what was the service.
Individually, Markets & Norandina also records state contracts in the APRA government , for a total of 31 thousand 710 soles , according to the MEF .
This company is the result of the merger of Markets and Publications Consultant , Jaime Carbajal companies and Norandina Financial Engineering , Hernán Garrido Lecca .
As we see, Hernán Garrido Lecca was a big box of surprises. The question is whether they end up in an investigation to the Public Prosecutor .
(Photo : The Republic )
Source : The Third Floor
April 3, 2014
PERU : EL NARCO STATE
By Oscar Ugarteche
A recurring theme of the last twenty years in the Latin American political analysis has been whether the narco states are and what defines them. Is the frame of reference of Mexico and what seems like an old agreement pass drug . The drug dealer was the pseudonym of The Lord of the Heavens and the drug passing air into an agreement with a Minister of State PRI 50s who was a neighbor of his house. In Mexico no one senior in prison for drug trafficking and the control of territory lost in several states.
Then there is the case of Colombia where funding drug cartels to political parties . The case was louder financing Ernesto Samper for President of the Republic of the money being bridge Fernando Botero , son of the painter and Minister of State . Samper himself was spotless and Botero in prison with a large group of his political party . The next important event was the scandal of selling weapons to the FARC in exchange for drugs where Colombia 's defense minister accused Fujimori and Montesinos in 2000 , just months before the fall of Montesinos [ i ] and Fujimori . This was accompanied by isolated events during the Fujimori of Peru State ships full of tons of cocaine , both boats the Navy as the presidential plane . In the Peruvian case did not fall any political leader despite accusations. The judiciary exempted in all cases both Montesinos and Fujimori .
The newest and most complicated case is that of former President Alan García where the same drug appears to be complicit in the " solid north " geographic area where a political party has prevailed historically . APRA was founded in Trujillo on the north coast . Complicity seems to have the form of pardons to convicted drug traffickers. This would not aspect of complicity if it were left massive numbers of free narcos and the procedures used .
In Lima weekly Hildebrandt in his Thirteen of March 28, 2014 , journalist Carlos Leon Moya says several things. The report of the Megacomisión " realizes unprecedented use " of presidential pardons over the period 2006-2011 , " as to constitute in practice a system of parallel justice to the judiciary to change about 30% resolutions of this . " Also, is " high impact on the release of persons convicted for the crime of drug trafficking , both in its simple form as in its aggravated form ."
A total of 232 pardons were granted , 72 of which were for cases of illicit drug trafficking . 5,246 commutations of sentence, of which 3,207 were convicted for the crime mentioned were also awarded . Of these , at least 400 were granted to convicted for drug trafficking in aggravated form .
In his remarks to the committee, argued that presidential García thanks were due to its goal to "eradicate overcrowding of prisons ." However, the evidence contradicts his defense. Far from narrowing , during his administration the number of inmates increased 33 %, from 35,467 in August 2006 to 48,858 in July 2011 also does not explain the special interest on those convicted of drug trafficking . . Those sentenced for aggravated theft make up most of the prison population, with almost 30 % of all inmates. But these commutations were granted 1,626 , almost half of the 3,207 were given to those convicted of drug trafficking .
Added to this is that 371 commutations were granted to convicts with day release ; ie , occupying no space in jails. Of these , 268 were also convicted of drug trafficking .
To deliver this amount of pardons and commutations, it was necessary to modify the existing rules. On the one hand , the requirements and the requirements were relaxed . In addition , the committees who saw the cases to be merged benefit , centralizing management into one: the Presidential Pardons Commission . This was modified with respect to its predecessor : the quorum of installation of 4-3 members is reduced , its composition was changed - to professionals for appointment simply , the draw for the distribution of applications removed between commissioners and the obligation to file requests denied clemency was also eliminated . To quote the article here weekly .
Everything seems to suggest that former President García narcoraficantes be complicit in general and Mexicans in particular operating in Peru where they transfer some of the techniques used in your country, including killings, kidnappings and infallible fingers cut ears . The type of drug violence discourages both investors and citizens in this great time of the Peruvian economy . The ratio of the former President to the drug trade is bad news for the country. That is not the case will be judged worse news .
The question , as it is a former head of state, is what it means for those who are behind him in politics . For example, financial groups and miners knew that sustain this complicity ? Does the diary where he writes former President swearing his innocence is aware of these operations? Regardless of what happens with the report for criminal prosecution, the information made public indicates that presidential complicity with drug trafficking for at least the second time in Peru at the presidential level : first after García and Fujimori .
How are internal institutional reactions like ? What do you think about the National Police catch drug dealers , to risk their lives and their families, who then released their president ? What is the position of the armed forces at this information ? At the end of the day were greatly affected by the drug trade in the years of Fujimori and General Malca remains at large theoretically in Mexico where he was ambassador until 2000. 's Armed forces are in the Valley of the Apurimac and Ene River ( VRAE ) fighting the drug , but is captured after the narcos were just released ? The court of public opinion in the case of narco presidential pardons is very heavy, another run for president of Garcia would make it clear who their sponsors. Now, no one can say they did not know where to go and whom the former president.
Violence in Northern Solid grew up in the Garcia and recaptures them released suggests that operate freely with the confidence to influence at the highest level . This case is no longer state administration but plain and simple drug trafficking , which incidentally can be terminated before an international tribunal , if not thrive Peruvian internal procedures. As befits this level of corruption is hampering the highest reading of the report. Even during the research process , the president and members of the committee were threatened repeatedly and prestige of their families called into question , and found evidence that it is true . Garcia has made the Supreme Court annul the entire proceedings of the commission the same day that the report appeared . As there can be no interference between branches of government, it is fitting that the entire report before the plenary of the Peruvian Congress to pass after being approved by the subcommittee on constitutional claims presented .
The commission's work is done and should be published shortly for finding joint Peruvian drug trade with Mexico begin to end this scourge . It already belongs to DEA intelligence and that must be taken for informed now . Congressman Sergio Tejada and all commissioners deserve congratulations for this extraordinary work done under threat of death , now you can see that it is possible. If anything happens to any of the members of the committee will be clear who.
Note:
[ i ] . Arms trafficking , one of the causes of the crisis of Vladimiro Montesinos http://tlahui.com/politic/politi00/politi10/pe10-10.htm
- Oscar Ugarteche , Peruvian economist , is Coordinator of the Latin American Economic Watch ( OBELA ) , Economic Research Institute of UNAM, Mexico - www.obela.org . Member of SNI / CONACYT and president ALAIwww.alainet.org
By Alainet
April 2, 2014
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