Andina

Peru: Odebrecht collaboration agreement is not in danger

Photo: AFP

Photo: AFP

12:40 | Lima, Jun. 28.

The collaboration agreement signed between Odebrecht and Peru's Public Ministry is not in danger, as the document includes "open clauses" establishing that if new criminal offenses —linked to the Brazilian company— are found, addendums can be subscribed to the accord standardized by the Judiciary, former Supreme Prosecutor Avelino Guillen affirmed Friday.


"If new evidence comes up pointing out that the construction company committed offenses in other projects —such as bribe payments— in exchange for the awarding of projects, then an addendum or additional accord should be signed, which includes the new facts to the agreement recently standardized by the Judicial Branch," Guillen told El Peruano official gazette.

"In this sense, it (new evidence) would not affect the accord (…). What is appropriate here is for the Prosecutor's Office to corroborate the information that has been spread by diverse media outlets (…)," he added. 

Likewise, the former supreme prosecutor recalled Odebrecht shall cooperate with the new investigations carried out by the Public Ministry. In Peru, the Public Ministry is independent from the Executive Branch.

For his part, ex-College of Lawyers (CAL) Chairman Pedro Angulo indicated that the people claiming the agreement could collapse are expressing "their wishes" for the case. 

Angulo explained the collaboration agreement with Odebrecht is not in danger, since it was foreseen that new cases could come up or that new evidence could be found. 

Possibilities 

"There are two possibilities if new facts are discovered: it (the construction company) acknowledges them or it does not acknowledge them. If the latter, or if it does not have judgment elements to provide, then the collaboration (agreement) could not be expanded (…)," the ex-CAL chairman expressed. 

"Thus, the cases would have to be assessed in parallel by the Public Ministry, without the collaboration of the construction company," he said.

Interrogation rounds

According to Guillen, it is essential that the Prosecutor's Office —in a fixed period of time— carries out a new round of interrogations of former Odebrecht executives, starting with ex-representative in Peru Jorge Barata, after it verifies the information from the Division of Structured Operations (the company's bribery department).

Payments 

Furthermore, it is possible to request an increase in the civil reparations amount —worth over S/610 million (around US$182 million)— that the Brazilian company must pay the Peruvian State, Angulo indicated.  

Odebrecht

In mid-February, Peru's Lava Jato Case Special Prosecution Group signed the long-awaited collaboration agreement with Odebrecht representatives and former employees in Brazil. The accord did not include the Southern Gas Pipeline project.

This deal was intended to procure evidence and testimonies for the investigation of corruption cases in the Andean nation.
       
As is known, the Brazilian construction giant admitted to having paid millions in bribes to government officials in Peru, in order to secure public-works contracts.

As a result, Odebrecht benefited from over US$143 million between 2005 and 2014 in Peru, according to the U.S. Justice Department. 

In addition, four ex-Presidents have been linked to the Brazilian company such as: Alejandro Toledo (2001-2006), Alan Garcia (2006-2011), Ollanta Humala (2011-2016), and Pedro Pablo Kuczynski (2016-2018)


(END) DOP/DTK/MVB

Published: 6/28/2019