The Judiciary on Friday declared inadmissible the
This is stated in the resolution issued by the Superior Court of Ica's First Preparatory Investigation Courtroom Head, Judge Vicente Fernandez.
It indicated that this does not proceed, since the habeas corpus claim corresponding to this case has not been upheld by the Preparatory Investigation Courtroom, which is led by Judge Fernandez.
In this sense, the resolution provides for returning the file to the Constitutional Court along with a note, so that said institution proceeds in accordance with law regarding the execution of the upholding sentence issued within the habeas corpus proceedings referred to Fujimori's freedom.
"The jurisdictional body under my administration is not empowered to execute upholding sentences that it did not issue," Judge Fernandez states in the resolution.
Likewise, he indicated that the instance under his administration —"if it were the case"— is authorized "to order the immediate action of a first-degree upholding sentence, which is not the case at hand."