The Office of the National Prosecutor summoned the President At Boluarte to testify in person for the investigation that followed into the deaths in the protests against his government. The reason for this Tuesday, April 3rd, was that El Comercio was confirmed by the legal defense of the president.
In a dialogue with El Comercio, the lawyer of Kelly Montenegro, Dina Boluarte of the legal defense in this investigation, said that he was notified with the statement of the prosecutor and confirmed that the president will participate in the procedure in person, as provided by the Public Ministry.
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“If the prosecutor’s office orders this way, we are ready for everything that the Public Ministry orders,” said the lawyer.
He added that they “are 100 percent equal to those that are taken care of by the competent authority, which is in the case of the national prosecutor”. The intention was never to, let’s say, obstruct or hinder the work that the National Prosecutor’s Office is doing. “Never.”
“The doctor’s advice to participate in the prosecution of the trial has always been positive and with all readiness to help to find the truth and a special investigation. The problem is that if the prosecution indicates that the case will be in person, because that’s it. I will go in person”
Kelly Montenegro attorney for Dina Boluarte
The lawyer also said that a meeting is scheduled for this Sunday with the president to coordinate the details of the investigation.
Knowledge in Dina Boluarte
The Ministry of Public Affairs (MP) announced on January 10 that it has begun an investigation of Dina Boluarte for the commission of the crimes of genocide, qualified murder and serious injury. He gave about the protests of December 2012 and January 2023 in Apurímac, La Libertad, Puno, Iunín, Arequipa and Ayacucho.
The tax investigations include the most recent and former members of the cabinet: Alberto Otárola, today President of the Council of Ministers and former Minister of Defence; former head of PCM Pedro Angulo; the current Minister of Defense, Jorge Chávez Cresta; and former Ministers of the Interior Víctor Rojas and César Cervantes.
Because these events are linked to their duties with senior officials, the investigation of all of them is in charge of the office of the national prosecutor Patricia Benavides. In particular, the case is examined in the Area of Illegal Domain and Constitutional Complaints.
Controversy over the citation
As part of this investigation, ministers such as Albertus Otárola have already arrived to give their first opinions. The commander of the regiment last testified on the 16th of February. The State Attorney General’s Office requested the Judiciary to cancel this process so that it would not participate as notified by the MP.
Meanwhile, Dina Boluarte was initially called to testify in person for this investigation on January 30 at the headquarters of the Public Ministry. She answered, however, that she wished to do by virtue; that is, by videoconference. According to the presidency, he did not respond to that request.
The president was summoned again on February 23. However, he again requested that the subpoena was not present “based on the security risks and social disturbances that his ministry could generate in the prosecution. This request is not yet certain.” as expressed by the Government on the 25th of February.
“The President of the Republic does not give in or postpone giving proposals” […] He expects a response to defend and express his right within the framework of the due process and the prerogatives that are protected by law and the Constitution, ” published by Twitter of the presidency
In the days that followed, Albertus Otárola and the Minister of Justice, Josephus Tello, Dina Boluarte defended the position of requesting that his statement was not in person. The President of the Council of Ministers, who testified in person, also stated that the process could be carried out in the Government Palace.
“That is what is requested, what is exercised in the Palace of the Government or by virtue, these are the only requests. From the palace, therefore, I could declare either by virtue […] I understand that this declaration will be made in the next few days,” said the head of the cabinet last Tuesday.
Meanwhile, Joseph Tello declared last Thursday “that in this case it turns out to be a procedural question that should not be evaluated, in which the president’s statement will simply end.” That must be left. It was declared that the president would act, either in person or by virtue of the Government Palace.
Finally, on Friday, in a press conference at the Government Palace, Dina Boluarte stated that “when the prosecution informs me, I will be happy to be present to be able to answer the questions that have been asked of me”. Meanwhile, the Public Ministry has not officially reported the summons to the president.