Starting today, the oral trial phase against former President Martin Vizcarra is underway for alleged corruption acts related to the expansion of the Moquegua Hospital and the implementation of the Lomas de Ilo (agrarian) Project -events corresponding to his term of Moquegua region governor (2011-2014).
What crimes is he accused of?
The Third Office of the Specialized Supraprovincial Corporate Prosecutor's Office for Crimes of Corruption Committed by Public Officials accuses Martin Vizcarra of being the alleged author of following crimes: aggravated collusion, improper passive bribery, and illicit association to commit a crime, resulting from the irregular awarding of the corresponding tenders.
How many years of imprisonment does the prosecution request against him?
Vizcarra allegedly received bribes for this, amounting to S/2.3 million (about US$613,000). Therefore, a 15-year prison sentence is being requested for Vizcarra. In detail: nine (9) years for the Moquegua Hospital case and six (6) years for the Lomas de Ilo case.
The Public Prosecutor's Office has also requested that Vizcarra be disqualified from holding public office for six (6) years. This would be in addition to two previous disqualifications, ordered by Congress, for five (5) and ten (10) years, respectively.
What irregularities did Vizcarra allegedly commit, according to the Prosecutor's Office?
The irregularities mentioned are said to have occurred in the tender for the regional hospital in Moquegua, awarded to the company Ingenieros Civiles y Contratistas Generales S.A. (ICCGSA), as well as in the Lomas de Ilo Project case, which in turn belongs to the Pasto Grande Project.
The latter was awarded to the Obrainsa-Astaldi consortium in a process in which the San Invercom consortium also participated. The former offered approximately S/86 million (about US$22.92 million), compared to S/249 million (about US$66.36 million) from the latter.
Responsible third parties
The Public Prosecutor's Office ad hoc for the Lava Jato Case has requested that Vizcarra and the companies included as responsible third parties pay civil compensation amounting to S/4.6 million (about US$1.23 million).
The testimony of a cooperating witness indicates that Obrainsa company manager Elard Tejada might have made arrangements with Vizcarra in November 2013 to obtain the contract.
The latter is said to have provided him with privileged information to win the concession, specifically regarding the maximum amount to be offered.
After providing this information, Vizcarra allegedly asked for S/1,016,212 (about US$270,845) in exchange, equivalent to 2% of the project's value.
It is also indicated that, in the case of the Moquegua Hospital, S/1.3 million (about US$346,481) was given to the former governor so as to sign the corresponding contract.
In addition to Vizcarra and Tejada, other citizens under investigation in this case are the former directors of the company ICCGSA, Fernando Castillo and Rafael Granados.
Vizcarra's legal defense proposed postponing the start of the oral trial phase, arguing that his rights to due process and the principle of criminal procedural legality have been violated.