Peruvian Court Evaluates Pedro Castillo's Preventive Detention

On Wednesday, the Supreme Court's Criminal Chamber analyzes the appeal filed by Peru's Former President Pedro Castillo against a judicial decision whereby he is subjected to 18 months of pretrial detention. If the Chamber's decision is favorable, his pretrial detention could be replaced by a detention under the modality of "appearance with restrictions."

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On Dec. 15, Supreme Judge Juan Checkley ordered preventive detention against Castillo arguing the alleged commission of the crimes of rebellion, conspiracy, abuse of authority and serious disturbance of public tranquility.

“I have never committed the crime of rebellion. I have not taken up arms nor have I called anyone to take up arms. The government is the one who has risen up in arms against the people. Congress is the one that has committed the crime of conspiracy," Castillo said at the hearing through a virtual connection made from jail.

"I ask that you reflect so that you appreciate that this unjust preventive detention has only served to polarize our country. Everything that is done against me, as well as this entire process, is nothing more than political revenge."

Notwithstanding the foregoing, the Prosecutor held that the crime of rebellion is "a crime of anticipated consummation. It is not necessary for the rebels to achieve their end."

Castillo's defense attorney Wilfredo Robles based the request to revoke the preventive detention against his client arguing that Congress did not comply with due process.

This would have required the approval of his impeachment through a procedure that could not last less than two weeks.

After being dismissed by Congress on Dec. 7, Castillo was charged with the crimes of rebellion and conspiracy for having decreed the dissolution of the Congress in order to call general elections and a constituent process.

He was detained by security forces while he was on his way to the Mexican Embassy. Later, it became known that this country had granted him political asylum.