The Supreme Court of Justice has declared the request for cessation of preventive detention for
unfounded. He is accused of the alleged crimes of rebellion, abuse of authority, and against public tranquility to the detriment of the Peruvian State and society.
The decision was made by Supreme Court Judge Juan Carlos Checkley, who determined that the coercive measure on the ex-top official must remain in force.
"The preventive detention measure, which was extended for 18 months by the Permanent Criminal Chamber of the Supreme Court of Justice on July 5, 2024, is hereby declared in force," the Judiciary stated.
The case is linked to the events that occurred on December 7, 2022, when Castillo announced the dissolution of Congress, the reorganization of the Judicial Branch, the Public Ministry, and other constitutional entities, which was interpreted as an attempt to break the constitutional order.
Castillo's lawyer argued that there was new evidence that would justify lifting the measure, including the failure to take statements from key witnesses and documents that, according to their version, would prove that there was no armed uprising.
However, the Judiciary rejected these arguments, stating that "they do not have sufficient validity to be considered new elements of conviction" and that the defense's request "is not intended to prove any facts related to the alleged crimes."
The petition to replace pretrial detention with electronic surveillance was also dismissed, as the crime of rebellion involves an imprisonment sentence of no less than 10 years and no more than a 20-year term, which precludes the application of this measure.
"Electronic surveillance is not applicable in this case, especially when the defense argues that there is no overcrowding in the penitentiary center where his client is serving preventive detention (known as Barbadillo Prison)," the ruling stated.
It should be noted that Castillo faces a request for 34-year imprisonment for the charges, in proceedings in which former Prime Ministers Anibal Torres and Betssy Chavez are also under investigation.