The decision of the Judiciary to confirm the declassification of messages on two cell phones of the late former Peruvian president Alan García was questioned by his lawyer Erasmo Reyna. This was reported by Exitosa Noticias magazine on May 25.
According to the lawyer, this measure is “an arbitrary and unconstitutional act”. Reyna said that the investigation into the deceased could not be continued, so the principle of due process was not respected.
“This is a sentence that confirms an arbitrary, offensive, illegal and, furthermore, unconstitutional act, because, as has been repeated, it is impossible to continue carrying out investigative actions against a deceased person.”he said.
According to him, there is a “hidden threat” regarding access to other devices of the former president, who committed suicide during a tax process in 2019.
Furthermore, Reyna pointed out that it is inappropriate to continue the investigation against a deceased person, and that García’s heirs, being third parties in the process, cannot exercise defense rights in this context. Likewise, the transfer of these devices violates the principle of due process and fundamental rights.
However, he questioned the motivation for this measure, suggesting that there may be interest in the disclosure of personal and family information of the former president, which would cause serious damage to his memory and the privacy of his family members.
It should be noted that the heirs and legal experts expressed total disagreement and concern about possible leaks and misuse of the information contained on the phones.
Let us remember that on May 24, the decision to declassify two phones seized by prosecutors from the former and now deceased President Alan García, taken in March by the Sixth Court of Preparatory Instruction, was recognized as justified by the Third National Criminal Court of Appeals.
García was president of Peru from 2006 to 2011. He died on April 17, 2019 in hospital, where he was transferred after a suicide attempt. Garcia attempted suicide when police arrived at his house with an arrest warrant. The investigation into García began as part of a corruption scandal surrounding the Brazilian construction company Odebrecht. According to investigators, the former president could have received $100,000 (8.95 million rubles) from the company.
Source: Rossa Primavera
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