President In Bolwart He asked for rumors of a possible presidential vacancy to end after the State Department opened a new investigation into him on allegations of inaction and dereliction of duty.
READ ALSO | Jose Luna’s bench seeks to increase the powers of mayors and governors to 5 years
The tax investigation was launched after former Prime Minister Alberto Atarola confirmed that the head of state had undergone surgery last year.
According to press reports, Baluarte would undergo cosmetic surgery in mid-2023 and would therefore be unable to perform her duties between June 29 and July 9 of the same year.
As El Comercio was able to verify, the public program of the president does not record any official activity on these dates, except for July 5, when Boluarte led the meeting of the Council of Ministers remotely.
READ ALSO | Vizcarra off limits thanks to congressional law: The obstacle that remains and what prosecutors will do
This Friday, December 6, on the verge of completing 2 years in office, Boluarte asked for an end to rumors of a presidential vacancy and polarization. However, he continued without explaining to the country about his surgery and the days he was away from office.
“Enough of polarizing society, enough of rumors about the presidential vacancy”, express
The president added that the application for the vacancy comes from those who “like to be in power without ever winning a democratic election.” “No matter what they do, no matter what they say, we will continue to work for the development of the country.” – he emphasized.
On another occasion, he indicated that his government will continue to focus on national security, education, among others, until July 2026, when he will hand over the presidency to his successor.
READ ALSO | Political calculations and scenarios in Congress on funding, electoral fencing and the re-election of mayors and governors
The newspaper tried to contact the president’s press secretary, Freddy Hinojos, but he did not respond at the time of publication.
Palace sources told the newspaper that neither the president nor her press secretary would comment on the matter. They said Hinojosa had already given an explanation.
READ ALSO | Congressmen pass a vote of no confidence in Minister Julio Demartini over the Kali Varma case
Meanwhile, in a conversation with Canal N, Boluarte’s lawyer, Juan Carlos Portugal, downplayed the importance of the tax investigation against the president and noted that it had not yet been notified.
He ruled out the president committing a crime in the form of gratuitous performance of official duties or removal from office.
“The crime of dereliction of duty is essentially failing to do what you are instructed to do. In the case of the president, to rule, pass laws, issue supreme decrees, perform work in the service of the country. And that didn’t happen.” declared.
The lawyer stated that during the considered period the head of state took part in two meetings of the Council of Ministers and issued 91 resolutions.
“We could not talk about the omission of a function when, on the contrary, there were functional acts; And it was impossible to talk about leaving the post where, on the contrary, there were leading events in which the president of the republic continued to communicate.” his lawyer argued.
He added that Alberto Atarola himself assured that he is in constant contact with the president.
On another occasion, Portugal assured that in the hypothetical case that the president underwent rhinoplasty, this intervention would not harm her either mentally or physically. Therefore, in his opinion, there would be neither a violation of the constitution nor the commission of crimes.
READ ALSO | Now Congress Threatens Civil Compensation: Which Politicians May Benefit?
How far can the prosecutor’s office go?
In a dialogue with El Comercio, constitutionalists Oscar Urviola, Natale Amprima, Alejandro Rospilosi and Eric Urbino expressed the opinion that the investigation against Bolhuarte will be archived because, in their opinion, the president did not commit crimes in the form of non-payment or resignation.
For Urviola, although the State Department has the power to initiate an investigation against the president, this exercise must be done within the framework of reasonableness and proportionality.
“This is a situation in which I do not see giving up the position. (Rhinoplasty is a procedure that, with the development of technology, is performed even on an outpatient basis), said.
Urviola added that the Constitution does not state that the president must disclose the medical procedures she undergoes and that it is within the realm of privacy, unless it is an invasive operation that prevents her from holding office.
READ ALSO | Janet Tello Elected President of the Judiciary: Here’s Her Career and the Challenges Ahead
Amprimo was of the same opinion. He added that the crime of omission is set up when the damage occurred in a functional service.
In his opinion, this fact should be assessed in three aspects: criminal, constitutional and political. Regarding the latter, he considered that, “it is undoubtedly a mistake for the president to be distracted by an issue that does not require urgency, and to do it secretly.”
“This is not the first time that the lady has given us a different version and even has a non-political answer,” he added.
Amprima emphasized that the president does not have a report on her operation, as the Constitution does not establish this. “There is no rule that requires this,” he emphasized.
However, in his opinion, it would be more of an act of transparency.
READ ALSO | They confirm the effective cooperation of Martin Belaunde Losio: the impact it will have on the trial of Olanta Umala and Nadine Heredia
In this sense, Rospigliosi also stated: “Did the president have an obstacle or not? What is a temporary obstacle? Is rhinoplasty a hindrance? Was she devoid of discernment? The answer is negative. According to the medical literature, rhinoplasty is an outpatient procedure.”
Thus, according to Raspigliosi, it was not a matter of principle for the president to inform Congress of his intervention. “That doesn’t mean it’s frivolous and wasteful”
Still, it’s good for a constitutionalist that the State Department is investigating the president, because in a democracy no power is free from scrutiny.
He explained that during the preliminary investigation, the prosecutor’s office will summon the suspects, as well as the doctor who allegedly operated on Baluarte. And that if the investigation is successful, National Prosecutor Delia Espinosa should file a constitutional complaint.
“The complaint will remain on the table of the parties in Congress until the end of Boluarte’s term of office, since it cannot be from a person accused of any crime other than treason.” – he noted.
READ ALSO | Cesar Acuña asks Congress to ‘not waste time’: ‘We do not support censorship or vacancies’
On the other hand, Urbino believed that the investigation would not be successful at the criminal level, but it would be successful at the political level in Congress, where through a constitutional complaint Baluarte could be disqualified for up to 10 years.
“On a criminal level, I don’t see a future for it” he remarked.
He added that there is no clear rule requiring the president to report on her surgeries, but the Constitution states that she is president 24 hours a day.
“If he is absent, his presidency must be suspended so that the vice president or the president of Congress can take his place,” – he claimed.
READ ALSO | Dino Boluarte: Permanent commission gives 15 days to investigate two constitutional complaints against her
In addition…
Other Boluarte investigations
- Last April, the Attorney General’s Office expanded the preliminary investigation against Boluarte for alleged illegal enrichment and failure to file a statement in connection with the Rolex case. It is also to investigate deposits of unknown origin that he received in 11 bank accounts totaling S1.1 million.
- Then, last May, she filed a constitutional complaint against Boluarte as an alleged perpetrator of the crime of illegal passive bribery to the detriment of the state in connection with the Rolex case.
- The State Department is also investigating the head of state on suspicion of money laundering and criminal organization for his involvement in the campaigns of Perú Libre, the party of fugitive Uladzimir Cerron.
- Additionally, during the Patricia Benavidez administration, she filed a constitutional complaint alleging crimes such as aggravated murder and grievous bodily harm. This is related to deaths that occurred during anti-government protests recorded in December 2022 and January 2023.
- The case involves Atarola and former Interior Ministers Victor Rojas and Vicente Romero for alleged aggravated murder; and Cesar Cervantes, also a former head of the interior, for serious injuries.
- Last Thursday, December 5, the Standing Committee of the Congress granted a 15-day deadline to the Subcommittee on Constitutional Impeachment to investigate the constitutional complaints of the Attorney General against the President in connection with the death during the anti-government protests and in the case of Rolex.