The complaint against Dina Boluarte that the Prosecutor’s Office does not attend to and would seek to file

In the framework of the investigations against the president Dina Boluarte for the more than 50 murders perpetrated during the protests in the first months of his Government, many complaints were filed against himbut the National Prosecutor’s Office He paid exceptional attention to just one. Now, in a provision of Patricia Benavides which Infobae Peru had access, the Public Ministry seeks to accumulate all these complaints into one, overlooking some other crimes that are attributed to Boluarte for which no proceedings have even been started.

As human rights abuses were perpetrated against Peruvians during the months of December, January and February, the National Prosecutor’s Office began to open files in order to investigate the alleged events reported by different citizens. The initial proceedings for the crimes of genocide, qualified homicide and serious injurieswere understood from the beginning in the folder No. 277-2022.

It is in this folder that executive figures such as Dina Boluarte, Alberto OtarolaVicente Romero, Cesar Cervantes, among others, the same one that has included procedures such as taking statements, reviews of visual material and other procedures.

However, the file No. 277-2022 was not the only one and there were other files in which it was not only sought that Boluarte be investigated for the aforementioned accusations, but also for the crime of authority abuse. Accusation that would open a new line of investigation that has not been advanced to date and that, on the other hand, thanks to the signature of Patricia Benavides, has become unaddressed to date.

For nine months, from the month of January in which the preliminary investigations began, until the last October 2, the folder 277-2022 It was the only one taken into account by the Prosecutor’s Office for its proceedings. However, last Tuesday, a provision signed by Patricia Benavides notified the defense of the bereaved of the existence of two additional folders that had not been attended to for the entire time that the preliminary investigation lasted and that, as of September 15, would be to be accumulated to the 277-2022.

These are folders No. 39-2023 and 137-2023, which, according to what was declared by the defense of the bereaved, to Infobae Peru, They were totally unknown until a week ago.

In the folder No. 39-2023 there is a complaint for crime of abuse of authority, which was expected to be included among the investigations along with the other accusations that do include general folder No. 277-2022. This document specifies, in addition to all the accusations for which Boluarte requests the filing of the case, an accusation for the crime “against the Public Administration in the form of Abuse of Authority, to the detriment of the State.”

This crime includes the president, the prime minister, Alberto Otarola; the Minister of the Interior, Vicente Romero; the defense minister, Jorge Chavez Cresta, among others. In the reasons for the accumulation of this file to the general one, in which abuse of authority is not included, it is not specified what will happen with this accusation and it only adds in a paragraph, at the end of the provisions, that this accusation remains pending.

Despite taking into account the detail of the abuse of authority, and recognizing that this “may be a matter of precision, variation or expansion”, to date no action has been detailed by the Prosecutor’s Office towards these accusations, with little less one month for the preliminary investigation period to come to an end.

As detailed in Infobae Peru by the specialist in criminal law, Andy Carrion, this document specifies that the crime of abuse of authority should be included in the folder that has now absorbed them; but, if there is no additional investigation or any diligence for this, The Prosecutor’s Office would be committing negligence.

“The omission of the crime must be a formal omission, but not a material one. Because, in the procedural field, the file is sent to the folder where it has been investigated; and that file that has been investigated for the crime of abuse of authority will have to be incorporated. They cannot leave it aside, and if they leave it aside it would be absolute arbitrariness because it would mean a buried file of that crime,” he said in an interview with this medium.

The steps to be taken by the National Prosecutor’s Office from these accumulations are still not clear, but they leave a series of suspicions in the middle. The accumulation order does not specify the initiation of an investigation for abuse of authority against Dina Boluarte nor any of the accused listed in folder 39-2023. Nor has the respective start of proceedings been announced in the official channels of the Public Ministry.

For Andy Carrión, this crime of authority abuse It should be incorporated into the investigations, and the president should be investigated not for three, but for four crimes “despite the fact that this last crime has not had the necessary impetus.”

“This would imply an extension of the declaration, not only of her, but also of the other defendants. It would imply new acts of investigation also against the president. This is a crime that involves her own efforts and her own line of investigation; because the crime of abuse of authority involves the official who has abused his powers and who has ordered, to the detriment of someone, an arbitrary act. The line of investigation is different than, for example, in the crime of homicide, or in the crime of serious injuries,” the specialist resolved.

For the lawyer of the bereaved, Juan Quispeof the Legal Defense Institute (IDL), These actions may amount to a case of violation of the development of the investigations by the Prosecutor’s Office, which to date have already been questioned.

“The The Prosecutor’s Office has not commented at any point. on the crime of abuse of authority. If what you want to do, as it seems that it is going to be the case, is that, at the request of dismissal, with this accumulation provision, try to make us believe that it is the same, when it is not, you would be committing a very serious error and a fault. of diligence,” he considered.

The context is crucial to understand this case, therefore, right now that Dina Boluarte has sought the archiving of the file No. 277-2022the defense is notified of these accumulations 15 days after they were made and less than a month after concluding the investigations.

For the lawyer, if this complaint is filed along with the others, without additional procedures being carried out, “it would be a disposition of the Attorney General’s Office to want to completely archive the entire investigation.”

When consulting with the communications area of ​​the Public ministry Regarding the final whereabouts of these accusations and the development of proceedings in the case of abuse of authority, no update was received until the closing of this note.