ex president Peter Paul Kuczynski will serve, next April, 36 months of house arrest imposed in connection with the Westfield Capital investigation. In March, the Fourth National Preparatory Court of Investigation imposed a 30-month ban on leaving the country and restricted appearances against him for another case, a tax investigation into contributions to the 2016 campaign. Republic, Julio Midolothe lawyer of the former head of state, denounced the differential treatment of his client, with a series of restrictions which, he assured, detrimental to 83 year olds with serious chronic health problems.
First, what is the status of former President Kuczynski?
Mr Pedro Pablo Kuczynski is under house arrest mandate from April 2018. Next month (April) 36 months will be fulfilled; I mean, three years. He is also subject to a series of restrictions: he is barred from communicating with a range of people, including those under investigation, witnesses, experts, his bank accounts are frozen, his property is confiscated, and he is in total isolation.
From your immediate environment, they accuse early without punishment or charge, do you?
That’s right. In the case of Mr Kuczynski, unlike other former presidents and well-known political actors, he is the only one under house arrest. None of the other investigated persons (from the political sphere) are subject to such large restrictions, despite the fact that in Mr Kuczynski’s case all of his investigations are still at an early stage. He has no charges (prosecutor), except for the conviction which guarantees that they should limit his rights to such intensity.
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You showed different treatment for former President Kuczynski, what do you associate it with?
Without a doubt (there are different deals). In the case of former presidents or other former officials who face accusations, even those already in verbal process, they carry out the process with appearances. It’s something we don’t criticize because that’s what’s appropriate, what’s normal, but in Mr Kuczynski’s case they’ve gone really to extremes and it’s as if they’ve handed down the initial sentence.
And why with Kuczynski?
I can’t give a concrete answer, I don’t have the answer. I would think that at first this was politically motivated, but Mr Kuczynski no longer has any political involvement in this country. He was elected by a political party that doesn’t even exist anymore and the fact is that the man is not interested in participating in any activities in the future. What worries us is the treatment given to someone who is elderly, he should be an old man, he is 83 years old.
His contact with the press is zero, is the former president barred from giving interviews?
One of the limitations the guy has is making any statement. If you remember, a few years ago he gave an interview where he didn’t make any statements about the investigation he had, but about the pandemic, the state of the economy at the international level, about some steps he could recommend. in his specialist capacity, and what the Prosecutor did was immediately asked the court to lift his house arrest and turn it into a preventive prison and put him back in the penitentiary. This reveals that the man cannot express himself freely as all other politicians, former presidents and former presidential candidates do.
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Who did the former president communicate with?
Physically alone with the lawyers who make up the defense team, she has two nurses looking after her as it is a double shift, she has to have medical care 24 hours a day and someone to help her with household care. These are the people you have real person-to-person contact with. And he spoke with his wife who was in the United States and with his youngest daughter, with his brother who was in England, who was the only person who in the last three years had been able to come to Peru to see him. The last person he had (physical) contact with from his family was his brother Miguel Kuczynski.
And as for your health, how is your situation?
Mr Kuczynski has chronic heart disease, hypertension and a series of coronary complications. He had surgery in the United States nearly 15 years ago and has a prosthetic aortic valve that requires revision every five years. It’s going to be 15 years and he can’t live that review. In addition, in 2019, he underwent surgery and had a pacemaker installed. The main drawback is at the coronary level and is always in danger of suffering a heart attack. In addition, he has prostate cancer, he has psychological problems such as insomnia, anxiety and depression, he has medication prescribed by a psychiatrist.
Added to his house arrest were a 30-month barrier to leaving the country and a 30-month appearance with restrictions imposed by the Fourth National Preparatory Court of Investigation, within the framework of the investigation for contributions to the 2016 campaign, how did he take it?
House arrest is in the case of Westfield Capital, in addition – last Tuesday (15 March) – they gave him a 30-month ban from leaving the country and appearances with restrictions, adding to the set of restrictions he already had. This is a situation which reflects what we have shown, that there is hostility in the case of Mr Kuczynski, who, after being under house arrest, could not even leave his house. However, double sanctions are still in effect. For us, this is a real abuse of authority because he was sentenced to doubly.
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Currently, how many processes does the former president face?
You have about five investigations. The main one is the Westfield case; then there is a case called IIRSA Sur for sections 2 and 3 (of the South Interoceanic Highway), another campaign contribution in 2016, (also) 2011 and for the IIRSA North case. This is more or less the following cases.
I understand that your plea for defense is for you to face your legal problems in freedom, right?
The only thing we ask is that Mr Kuczynski has the same rights as all those investigated in this case. He is willing, as he was from the start, to collaborate and face the investigation, but in freedom. This is the only thing we demand and not only for Mr. Kuczynski, but for every citizen.
Finally, Alberto Fujimori will regain his freedom – in the next few days – thanks to a pardon granted by Pedro Pablo Kuczynski in December 2017, while he is now under house arrest. It’s a paradox, isn’t it?
Well, what Mr Kuczynski understands is that what he has defended at all times has been reaffirmed, that the pardon he granted Mr. Fujimori is perfectly valid and fulfills the conditions laid down by the Constitution. He was granted humanity’s pardon. What the TC decision does is reaffirm that Mr Kuczynski is acting, at all times, in accordance with his prerogatives set out in the Constitution.
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