Aduviri's trial progressingAfter its beginning on April 22nd, the new trial of Aduviri for the Aymarazo riots has progressed in several audiences, in each of which different witnesses have declared before the judge.
On April 29th Mauricio Rodriguez, the then regional governor of Puno told about the terror he lived during the Aymarazo (1):
(...) he related what happened in the trial the regional governor of Puno is currently facing, ( ...)
Aduviri is prosecuted for looting and destroying public and private institutions in acts of vandalism that aroused when Rodriguez ran the Regional Government of Puno. On the eve, both turned to see each other's faces, but this time in the Judiciary.
In this context, the prosecutor Juan Bautista Monzon Mamani cited him as a witness. In summary, Rodriguez said that the then president of the Front of Defense of Natural Resources of the South Zone, Walter Aduviri, was the leader of the "aymarazo".
PRESSURE
The exauthority also denounced that Aduviri and its main leaders forced it to sign the project of Regional Ordinance No. 005, to prevent the mining concession from prospering to the company Bear Creek.
"Subsequently, in a meeting with the high level commission, the mood warmed up in the auditorium and there was a lot of pressure from Walter Aduviri's organization; for the sake of social peace, I signed the document, even though it was against my will, since it contradicted the legal body of the country", he said.
ESCAPED FROM THE MOB
He also said that on another occasion they had to escape from the facilities of the Regional Transport Directorate. "On May 27 we had to escape because there was no security for us; We left when we were informed that a mob was coming to the place where we were meeting", he added.
In the next audience, held on May 6th, the merchant Armida Vilca Mamani also gave her testimony of what happened then (2):
At the hearing several witnesses were present, among them the merchant Armida Vilca Mamani, who has a tap on the south side of the city of Puno.
"They asked me for food, lunch and up to 200 gallons of fuel, they threatened me with burning the tap, because of the pressure I had to give up to them. Only one part of the fuel was canceled by a Mr. Zapana who worked in the municipality of Pomata", the merchant said.
On May 13th, a resident of the southern region of Puno, who preferred to stay in anonymity, also declared against Aduviri (3):
The witness is a resident of the south of the Puno region, who preferred to reserve his name, and accused Aduviri of the organization og the protest and of directing the Defense Front of the Natural Resources of the South Zone.
He indicated that they were forced to participate in the anti-mining strike, if they did not they would be imposed fines and wouldn't be allowed to work.
He argued that the agreements of the protest were of the lieutenant governors, the presidents of the communities along with Walter Aduviri.
In addition, he hinted that he fears for his life and that of his family.
Witness Olga Ascue declared on the same audience (3):
THE PROSECUTOR'S OFFICE DESTROYED
Former witness of the Interior of Puno, Olga Ascue, who through the videoconference pointed out that she was threatened with death and told about all the damage done by the demonstrators to the Prefecture's premises. .
"My skirt broke, I ran around in my underwear, we did not know where to go. He made us enter through alleys. The mayors have provided the strikers with coca, alcoholic drinks and food. "
He pointed out that product of the "Aymarazo" the Prefecture continues with its destroyed premises, without glasses, without the remodeled floor. "Before then it was perfect, we requested about 10 times for its remodeling and there is no answer".
To date there are more than 20 witnesses who haven't given their declaration, but the jury has arranged everything so that the trial ends no later than July (4):
Since the installation of the oral trial in April of this year, to date five hearings have already been held by the Collegiate Court of Puno, which is carrying out the "Aymarazo" trial where the accused is Walter Aduviri Calisaya, for the crime of riots, for whom the prosecution requested 7 years in prison.
To date there are more than 20 witnesses who did not give their statement, in some cases the citation is already reiterative as for the former mayor of Chucuito, Juan Carlos Aquino, where there is a compulsive driving order.
In two hearings the participation of all the witnesses would be concluded, after which the accused Walter Aduviri would intervene and from then on the Collegiate Court would issue the judgment at the end of June, at the latest it would take place in the month of July of this year.
IMMEDIATE DETENTION
If he receives an unfavorable sentence, it will be executed immediately because there is a danger of escape, since this was evidenced in the previous trial where Aduviri was in hiding for several months and reappeared when the Supreme Court annulled the judgment providing for a new trial.
The referee, consisting of Judges Kety Neyra Calderon, Katherine Reyna Caceres and Shirlay Flores Melendez, indicated that if the witnesses do not attend, their statements will simply be dispensed with, as was also requested by Aduviri's defense lawyer, Joseph Trujillo, who comes to the hearings accompanied by other deputies.
What will be the verdict in this trial? Nobody knows, but in the words of well-known lawyer Rolando Jimenez Sardon the reaffirmation of a condemnatory sentence against Walter Aduviri is more than probable (5):
The reaffirmation of a condemnatory sentence in the new trial against the regional governor of Puno, Walter Aduviri, (...) is more than probable, estimated the lawyer Rolando Jimenez Sardon.
"If the Supreme Court has indicated that (the new trial) is only about the modification of the criminal type, I understand that the facts and the evidence remain the same. And if (there is) a previous sentence, there would be the possibility of producing a new sentence, obviously condemnatory ... I do not know in detail the process (against Walter Aduviri), because I have not taken it. But if there were sufficient elements, the new Collegiate Court may issue a judgment, also of a condemnatory nature", he stressed.
Likewise, he warned of the possibility that the execution of this condemnatory sentence will be carried out when said judgment is consented.
"This would mean that if Mr. Aduviri appeals the sentence, he would continue at freedom. And if it raises a cassation appeal, until the Supreme Court does not pronounce itself confirming the sentence, he would continue at freedom", he specified.
The lawyer explained that the decision to initiate a new trial against Walter Aduviri was due to an error in the classification of the offense charged by the courts.
"The Supreme Court says that we should not confuse the average author with the collaborator, with the partner. But the Supreme Court does not say that (Aduviri) is innocent. What happens is that the new Code of Criminal Procedure establishes that the legal classification can change, but the facts can not be changed", he noted.
(1)
https://www.losandes.com.pe/2019/04/30/mauricio-rodriguez-afirmo-que-fue-victima-de-amenazas-y-extorsion-durante-el-aymarazo/ (2)
https://www.diariosinfronteras.pe/2019/05/07/aymarazo-amenazaron-con-quemar-un-grifo/ (3)
https://www.diariosinfronteras.pe/2019/05/14/testigo-con-codigo-hunde-a-aduviri-en-el-juicio-oral/ (4)
https://www.diariosinfronteras.pe/2019/05/22/sentencia-de-aduviri-por-el-aymarazo-saldria-en-julio/ (5)
https://www.rcrperu.com/es-mas-que-posible-reafirmacion-de-sentencia-condenatoria-a-walter-aduviri-por-caso-aymarazo/