Former President Alejandro Toledo will continue serving his sentence in the Barbadillo prison, because a Court today rejected his request for house arrest on humanitarian grounds, as he has turned 80.
Judge Richard Concepción Carhuancho, head of the First Preparatory Investigation Court of the National Superior Court, made this decision, who considered that former President Toledo does not qualify as a convicted person with a final judgment.
“The request for the substitution of the sentence, that is, a prison sentence for house arrest, raised by Alejandro Toledo's legal counsel, is dismissed,” the judge stated.
The judge argued that the request to serve his sentence under house arrest is premature, given that the appeal against the 20-year, six-month prison sentence imposed on Toledo for collusion and money laundering in the Odebrecht case must still be resolved in the second instance.
"We must wait for the legal status of the suspect to be determined in order to evaluate whether the prison sentence, if applicable, should be replaced with house arrest," the judge stated.
He also indicated that Law 32181, which establishes that those over 80 years of age, for humanitarian reasons, will serve their sentence under house arrest, is not automatic. It requires that, in addition to age, the petitioner be a convicted person and that the sentence be reviewed by a preliminary investigation judge.
"The law requires certain requirements. The mere fact of being 80 years old is not sufficient for the automatic substitution of actual imprisonment for house arrest. This is subject to judicial evaluation if the sentence is subject to house arrest," he stated.
In this regard, he said that Toledo does not meet the second requirement of being a convicted person with a final and consensual sentence. Therefore, he indicated that there is no point in evaluating the conditions of a potential pretrial detention.
After the reading of the decision, Alejandro Toledo's legal counsel, Roberto Su, stated that he will appeal the decision, while the representative of the Public Prosecutor's Office agreed with the ruling.
Toledo was sentenced to 20 years and six months in prison by the Judiciary, which also ordered the immediate execution of the sentence in a penitentiary determined by the authorities.
His legal defense proposed replacing the place of serving his sentence from Barbadillo prison to house arrest under Law 32181, claiming that he is 80 years old and has various health problems that require treatment in a clinic.
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Published: 5/9/2025