on Thursday imposed a 36-month ban on former Lima Mayor Susana Villaran from leaving the country, as she faces charges of illicit association and other crimes related to campaign contributions from Brazilian companies Odebrecht and OAS.
"The maximum established by law, which is 36 months, will be imposed; the request by the Public Ministry is well-founded, and a 36-month ban (on leaving the country) is imposed on Susana Villaran," Seventh Preparatory Investigation Court Judge Jorge Chavez Tamariz stated.
Likewise, the magistrate ordered immigration authorities to be notified so that the measure is enforced within the framework of the criminal proceedings against the former Lima mayor, and solely for the trial stage of this case.
The judge argued that there is a "strong suspicion" against Villaran regarding the alleged crimes, including illicit association, aggravated collusion, passive bribery, indirect perpetration of money laundering, among others, as outlined in the indictment order.
Furthermore, he argued that the requirement concerning the applicable penalty is met, given that the indictment order seeks a 29-year prison sentence for Villaran, as well as the principle of proportionality in various aspects.
"The ban on leaving the country is regulated in the Criminal Code, with the aim of uncovering the truth, which is a substantive matter and aligns with the rulings of the Inter-American System; it is what society and the population demand within the framework of a criminal proceeding," he stated.
He also said the measure is justified, as it is less burdensome than pretrial detention.
Communication with witnesses and defendants
However, Judge Chavez Tamariz rejected the part of the request filed by the Public Prosecutor's Office that sought to prohibit the defendant from communicating with witnesses and other defendants.
He stated that the Public Ministry must argue the procedural risk that such conduct could pose during the trial stage, given that the previously requested conduct rules or coercive measures were aimed at ensuring the defendant's presence during the preliminary investigation stage.
"If there are new elements, present them (…) I declare the restriction requested by the Public Ministry unfounded, unless the proper request is filed," he stated.
Following this decision, the Public Ministry's representative announced that they will appeal the judge's ruling with regard to this part of the pronouncement.
During the hearing, both Susana Villaran and her defense attorney accepted the measure banning her from leaving the country.
"I accept the ban on leaving the country; I have never had that intention, nor am I going to flee or anything. If you analyze the physical, in-person, and virtual checks through the GPS, I am at my legal residence at all times," Villaran said.
Judge Chavez Tamariz also stated that the hearing would continue in the afternoon to rule on the Public Ministry's request concerning the other defendants.