The National Criminal Chamber of Peru today accepted the appeals filed by Keiko Fujimori and five other detainees, ordered the annulment of the provisional detention to which they were subjected and ordered their immediate release.
His Second Appeals Chamber, by unanimous vote, thus revoked the decision made on the 10th by Judge Richard Concepción Carhuancho at the request of the Prosecutor's Office to arrest Fujimori, leader of the opposition Popular Force and other 19 people, within the framework of an investigation for money laundering linked to the irregular financing of political education.
The court order extends to the five people who filed the appeal, including the Fujimorist former ministers Jaime Yoshiyama and Augusto Bedoya, as well as the other 14 who were included in the initial Carhuancho resolution.
The resolution was greeted with tears of joy by Fujimori, who previously participated in the hearing with three other detainees and went to the court.
In her speech, she asked the court to release her on the grounds that the detention was "a clear violation" of the due process and her presumption of innocence.
The magistrate who presided over the court, César Octavio Sahuanay, argued the decision, stating that in Carhuancho's ruling "there is an absolute identity" with the arrest request made by the Prosecutor's Office and there is no "argumentation by the judge."
"The judge does not add ideas about those provided by the prosecution (…). There has been an insurmountable nullity, this room wants to make it clear that where the judge does not motivate the said fiscal, gives rise to nullity," he said.
In the court's opinion, Carhuancho included in his resolution "only fiscal, non-judicial basis," and that in these cases "a decision is given without listening to all the parties," which obliges "to enhance the role of the judge of guarantees "
The Second Appeals Chamber, however, failed to assess the arguments of the Prosecutor's Office, nor the substance thereof, and thus left the Public Prosecutor's Office authorized to present its request for detention before a new court that is not directed by Judge Carhuancho.
After the arguments of the defense and the Prosecutor's Office, the court decided to take six hours to adopt a resolution, which was announced while outsiders were demonstrating followers and opponents of Fujimori who had to be separated by the police to avoid a confrontation.
The Prosecutor's Office is investigating Keiko Fujimori and Fuerza Popular for allegedly laundering the campaign for the presidential elections of 2011, allegedly having disguised large donations of money whose origins may be unlawful with fictitious contributions.
In this irregular financing may be the million dollars that the Brazilian construction company Odebrecht claimed to have given to support the candidacy of Fujimori to the presidency of Peru, in a vote that he lost on that occasion to Ollanta Humala.