Peru: Facts of extradition request against ex-President Toledo

17:14 | Lima, Jul. 16.

Former Peruvian President Alejandro Toledo (2001-2006) was arrested on Tuesday morning in the United States by an extradition order against him, within the framework of the investigations over alleged corruption offenses in the awarding of the South Interoceanic Highway Project to Brazilian company Odebrecht.

According to the extradition file —approved by Peru's Supreme Court on March 13, 2018— Toledo offered ex-Odebrecht Superintendent in Peru Jorge Barata to deliver the tender of the South Interoceanic Highway —Stretches 2 and 3— in exchange for US$35 million, of which he received US$20 million

Toledo told Barata he would guarantee that the project period would not be postponed and that other companies would not be allowed to participate in the bid.

According to the Prosecutor's Office, these were the actions undertaken by Toledo to guarantee his offer: 

1. In April 2004, the ex-President enacted Law 28214. It declared of national need and interest the construction and asphalting of the South Interoceanic Highway —Stretches 2 and 3— which were executed between 2004-2005. 

2. On May 10, 2004, the Supreme Resolution —which designated the State-run Private Investment Promotion Agency's (ProInversion) Committee as the one in charge of the Interoceanic Highway bid— was signed. 

3. In November 2004, Toledo agreed with then-Brazilian President Luiz Inacio Lula da Silva to immediately start building the highway in order to unite both countries.

4. That same month, Toledo held a meeting with Barata, Israeli businessman Josef Maiman, and other officials in Rio de Janeiro (Brazil). In this audience, US$35 million was requested in exchange for the project.

5. On December 22, 2004, Toledo participated in the 87th session of ProInversion Board of Directors, in which the private investment promotion plan for the awarding of the project was approved. 

6. On February 9, 2005, the Supreme Decree —which excluded the stretch from National Public Investment System (SNIP)— was signed. 

7. On August 4, 2005, the awarding contract was inked with Odebrecht at Peru's Government Palace, despite the objections coming from the Comptroller General's Office.  

The extradition files also points out that Toledo merely complied with delivering the bid to Odebrecht. Thus, the Brazilian company reduced the agreed bribe from US$35 million to US$20 million. 

Likewise, information from Odebrecht's Division of Structured Operations indicates 16 deposits were made to Josef Maiman's account for US$9.6 million between 2006 and 2010. 

Therefore, the Judiciary considers that Toledo was in control due to his post as the President of Peru (2001-2006), adding the alleged collusion, influence peddling, and money laundering offenses have been confirmed. 


Published: 7/16/2019
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