However
, she indicated that the decision issued by the National Justice Board (JNJ) to reinstate Patricia Benavides as Attorney General undermines her legitimate appointment.
Therefore, she requested to be summoned to a hearing with the full panel of said board to present her position.
"Since my position as Attorney General has been affected, I exercising the right granted to me by law to oppose the National Justice Board. I have requested to be summoned to a hearing before the full panel so that they can hear my position. I insist, this is not defiance, it is the law," Espinoza stated in a message released on social media on Monday night.
Espinoza recalled that on June 16 she was notified of the ruling reinstating Benavides.
Regarding this, Espinoza stated that the resolution she received was incomplete, lacking the signature of all board members, "as is expressly required by law."
In that sense, Espinoza reported that she had requested the video and the minutes of the session from the JNJ on three occasions, seeking to confirm the members’ deliberation and vote, in the interest of the transparency expected of public officials.
Similarly, Espinoza said she has filed an amparo lawsuit over the JNJ’s decision, which she described as unconstitutional.
"The Ninth Constitutional Court of Lima admitted it for processing today. I welcome that Mrs. Benavides Vargas has also, for her part, requested to be incorporated into the proceedings. In doing so, she is acknowledging that this is a legal dispute that must be resolved by the Judiciary," she asserted.
The magistrate also reported that she received an official notice from the JNJ on Monday, ordering her to comply with the reinstatement of Benavides or, otherwise, they would resort to the use of public force.
In response, she said, the documents were returned "reminding them that what is being requested is not within their powers and attributions."
"Today as well, the Board of Supreme Prosecutors unanimously agreed to request that the National Justice Board issue a statement on the effect of its decision to reinstate Ms. Benavides Vargas as Attorney General. At the same time, the same Board of Supreme Prosecutors has reaffirmed my legitimate appointment," she emphasized.
Espinoza mentioned that all the reported information has been brought to the attention of the Ministry of Interior, the Ombudsman’s Office, the chair of the Judiciary, the Presidency of the Council of Ministers, the National Elections Board, the Congress of the Republic, and the General Directorate of the Peruvian National Police.
Consequently, the magistrate urged all institutions and authorities not to intervene or spread misinformation about this case, warning that the only possible solution lies in respecting the current legal framework, the constitutional order, and the rule of law.