Supreme Court of Brazil invalidates Odebrecht evidence in Keiko Fujimori case: Impact on Peruvian Justice

2024-03-24 06:06:00
Political leader Keiko Fujimori, in an archive photograph. EFE/Paolo Aguilar

The Supreme Federal Court (STF) of Brazil declared invalid the evidence obtained from the Drousys and My Web Day B servers, systems where Odebrecht recorded bribes, in the Cócteles case, a process where Keiko Fujimori is accused of money laundering, criminal organization and other crimes.

This was decided by the Brazilian supreme judge José Antonio Dias Toffoli in the resolution declaring admissible the request of former minister and Fujimori Higuchi’s co-defendant, Jaime Yoshiyama Tanaka, who requested to extend the effects of the resolution that benefited former president Ollanta Humala in the money laundering trial. of assets.

Jaime Yoshiyama appealed to the Supreme Court of Brazil to invalidate Odebrecht evidence in the Cocteles case

“I extend the effects of the decision to declare that the evidence obtained from the Drousys and My Web Day B systems, used in the leniency agreement (identical to the effective collaboration in Peru) signed by Odebrecht, are unimpeachable in the Brazilian legal system in regarding the plaintiff (Yoshiyama)”, reads the resolution accessed by Infobae Perú.

Supreme Court of Brazil agrees to Jaime Yoshiyama’s request

Dias Toffoli invalidates the evidence because, in the opinion of the Supreme Federal Court, it is “unreliable.” This is because the aforementioned Brazilian Supreme Court determined that there were flaws in the chain of custody of the data obtained from the servers where the operations of Odebrecht’s Structured Operations Department were recorded, where the so-called ‘Box 2’ was located.

In addition to suppressing the evidence obtained from the Drousys and My Web Day B servers, the judge reiterated that it is prohibited in Brazil to carry out cooperation proceedings derived from these elements. This restriction was what prevented Marcelo Odebrecht, Jorge Barata and other former executives from testifying in the trial against Ollanta Humala in August 2023.

In the letter that the Odebrecht company sent to the Third National Collegiate Criminal Court, which is in charge of the trial against Humala, the company states that the former executives could be criminally prosecuted in Brazil if they disobey the court order and appear in the process in Peru. .

“The eventual failure to comply with the judicial decision issued by the Supreme Federal Court would represent, in the opinion of different Brazilian lawyers, the practice of a criminal offense for the crime of contempt of authority,” the letter said.

Odebrecht also proposed that the Peruvian authorities process a new letter rogatory before the Brazilian Justice in which it is specified that the former executives, when they testify before the Peruvian Justice, will not refer to the evidence declared prohibited by the STF.

Although the STF resolution canceled the declaration of former Odebrecht executives in the trial against Ollanta Humala, the Third National Collegiate Criminal Court has not yet established a position: whether the decision of the Court of another country has effects on Peruvian justice or not. .

“The big question that the Peruvian courts have not answered so far is whether or not they will accept to extend the effects of the rulings of the Brazilian court. Because they might not accept it. (…) That is going to be the great legal discussion,” said lawyer César Nakazaki to Infobae Perú.

In dialogue with this medium, former minister Wilfredo Pedraza, Humala’s lawyer, indicated that they will invoke the decision of Judge Dias Toffoli when the elements related to the Drousys and My Web Day B servers are subject to evaluation in the oral trial.

José Antonio Dias Toffoli was president of the Supreme Federal Court of Brazil REUTERS/Ueslei Marcelino/File Photo

“The issue is very simple: If in Brazil these tests are classified as illegal tests, obviously the illegality of a test is a universal concept. It should have no application here either (the evidence obtained from Drousys and My Web Day B),” he declared.

Pedraza also believes that the declaration of illegality would also extend to the other defendants in the case, such as former first lady Nadine Heredia.

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