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Peru’s Constitutional Court Rejects Santiváñez Habeas Corpus Against Prosecutors

The ruling reinforces that only judges can order measures that restrict personal liberty.

Overview

  • The Constitutional Court, which ruled Friday, found the ex-interior minister’s habeas corpus inadmissible.
  • The petition sought to nullify prosecutorial steps in an influence‑peddling probe, including home and personal searches and the lifting of communications secrecy.
  • The court said the Public Prosecutor’s Office submits requests but does not have coercive power, and only the judiciary may approve actions that limit freedom.
  • The filing targeted former Attorney General Delia Espinoza and the anti‑corruption special team, and it also alleged bias by prosecutor Carlos Ordaya.
  • The decision keeps the investigation into alleged aggravated influence peddling in place and clarifies that challenges to searches or seizures must run through ordinary judicial channels.