Thirteen months after former President Pedro Castillo's failed attempt to dissolve Congress and install an emergency government through a trembling message to the nation, prosecutors presented their criminal complaint, demanding 34 years in prison for the former union teacher for the crimes of rebellion, abuse of office and serious disturbance of public peace. Castillo is currently subject to two preventive detention measures: because of this case and because he is the alleged leader of a criminal organization that has gained a foothold in the government palace.
His circle of power is also included in the indictment: Betssy Chávez, former President of the Council of Ministers; Willy Huerta, former Interior Minister; Roberto Sánchez, former head of foreign trade and tourism; and Aníbal Torres, also a former prime minister. For the first three people, the sentence for the crime of rebellion is 25 years, and for Torres, who legally represented Castillo during his imprisonment, it is 15 years. Betssy Chávez has tried to distance herself from the speech that Castillo read, she has even denied knowing what it was about, but the truth is that some events kept her at bay: a message on WhatsApp from the ministers, one hour before the event place where they are asked for “unity and cohesion on a historic day”.
Apart from the fact that Pedro Castillo was captured by his own bodyguard and his attempt was dispersed within a few hours, indicating no support from the armed forces, there were some high-ranking officers who followed his orders, according to the prosecution's thesis. For this reason, 25 years in prison were requested for the Peruvian National Police General Manuel Lozada Morales, the commander Justo Jesús Venero Mellado and the Lieutenant Eder Antonio Infanzón Chávez.
During all these months, Pedro Castillo's defense insisted on the argument that his client did not carry out a coup because it was never carried out and therefore it did not qualify as a rebellion since he did not take up arms. In an interview with EL PAÍS, Argentine lawyer Eugenio Raúl Zaffaroni emphasized that “the attempt must always be ideal.” If I kill someone, it is not just homicide, it can also be attempted homicide. But if I want to kill someone with a parsley, of course not. “He knew he had no support.”
Zaffaroni, like the lawyer Guido Croxatto, believes that the speech of the man in the hat who won the 2021 elections was a “proclamation to tell the people what to do”, although at that time due to his inauguration the case was the Supreme Chief of the Armed Forces. “Suppose he believed he had power, but it never had any effect,” they claim.
In one of the final court hearings last December, Pedro Castillo questioned his imprisonment and compared himself to former President Alberto Fujimori, who was released due to questions without having served his sentence for crimes against humanity. “I want the prosecutor, the lawyer, to provide a receipt, sufficient evidence to show that I am receiving money. (…) If Alberto Fujimori is free despite the crimes that the country and the whole world know, what is the reason to keep me locked up?
Castillo remains incarcerated in Barbadillo prison in Ate, where he was a neighbor of Fujimori and is still a neighbor of former President Alejandro Toledo, who is accused of collusion and money laundering. In the coming days, the substantive examination of the tax allegation will begin with the participation of those involved. The next step will be the hearing and final judgment.