• Peru.The Constitutional Court of Peru orders Keiko Fujimori to be released
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The Constitutional Court of Peru published on Thursday the resolution that provides for the immediate release of opposition leader Keiko Fujimori, who is in pretrial detention for an investigation for alleged money laundering.

The magistrates, according to the ruling, approved the appeal of "habeas corpus" by four votes against three for "having violated Fujimori's right to personal liberty, held in pretrial detention since October 31, 2018.

In that regard, they declared void the orders issued by the First National Preparatory Investigation Court, the National Criminal Court of Appeals and the Permanent Criminal Chamber of the Supreme Court of Justice, and ordered their "immediate freedom".

Keiko Fujimori is investigated by the Peruvian Prosecutor for the alleged contributions of the Brazilian company Odebrecht to its 2011 and 2016 election campaigns, a survey that has also been extended to the main leaders of his party, Fuerza Popular.

Although the order indicates his immediate release, the ruling must first be referred to Judge Richard Concepción Carhuancho, of the First National Preparatory Investigation Court, which issued the preventive detention, to annul it and then forward this decision to the National Penitentiary Institute (INPE).

The INPE will be the entity that arranges the departure of the founder of Fuerza Popular from the Chorrillos women's prison, after being thirteen months in prison.

However, Judge Concepción could also, at the request of the prosecution, impose other restrictive measures against Fujimori, such as the impediment to leaving the country.

In its argument, the TC declared the claim based on having violated the rights to the presumption of innocence, due process, due motivation of judicial decisions and Fujimori's defense, as well as the principle of reasonableness.

He added that the serious elements of conviction, of the crime of money laundering, are based on reliable evidence and not on the basis of conjecture or mere deductions, which is what they appreciate in the investigation against Fujimori.

The restrictive measure of freedom to be validated, said the TC, is not sufficiently supported by objective data "which makes it insufficient."

He mentioned that Fujimori's defense questioned that Judge Concepción has ordered the detention individually despite the fact that the order of the preventive detention was against seven investigated, and that it was delayed 30 days in processing the appeal, which should be done in 24 hours.

In addition, the Constitutional warns that when the judge presented the file to process the appeal, on November 30, 2018, it was incomplete, which delayed the process.

In its resolution, the Court clarified that the ruling does not mean that it is "anticipating by far infringing the responsibility or criminal irresponsibility" of Fujimori, which will be evaluated by the judges in the light of the definitive evidence.

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