Alejandro Toledo between presidential grace and house arrest: What is the situation of his resources to leave prison?

Sources consulted by El Comercio indicated that said working group, attached to the Ministry of Justice and Human Rights (minjush), they have already received the orders that were presented two weeks ago.

As reported by this newspaper, the requests were made through the Penitentiary Directorate of the Barbadillo Prison and also through the presidency of the Republic.

SEE ALSO: Pedro Castillo and the more than 20 rulings of the TC that declared the legality of his detention and due process: How is his request for common grace progressing?

“Requests the granting of the right of common pardon, and that it be addressed as a priority given the age and the relevant humanitarian dimension concurrent in the present case,” reads the summary addressed to President José María Balcázar and presented by the parties’ table on July 16.

However, two documents were submitted to the Palace, one for the South Interoceanic Case, sections II and III. (File No. 00016-2017-214-5001-JR-PE-01) and another for the Ecoteva Case (File No. 7091-2014 -), the basis for the requests was the same.

“That the processing of said process exceeded the period provided for in the aforementioned constitutional precept. Added to this is the relevant humanitarian dimension of the present, due to the advanced age of the applicant and the medically proven pathologies,” it is indicated.

Previously, on July 13, he had also submitted a similar request and through a format, a common grace, through the Management of the Barbadillo Penitentiary Center, where he is serving his sentence.

“Due to my advanced age, I am over 81 years old and I am in a delicate state of health aggravated by the conditions of the prison,” reads the prison application form for the right to common pardon.

The processing of the case will follow the stages established in the Internal Regulations of the Presidential Thanks Commission. That is, a file number must be assigned, the Technical Secretariat verifies compliance with the formal requirements, if it does not comply in this aspect, its inadmissibility is declared and the applicant will have 20 days to correct it.

In October 2024, the former president was sentenced to 20 years and 6 months for the crimes of collusion and money laundering in the Odebrecht Case. And, in September 2025, he was sentenced to a second sentence in the Ecoteva Case of 13 years and 4 months for the crime of money laundering.

Carlos Torres Caro, who was appointed by Toledo Manrique as the lawyer who will be in charge of the presidential pardon request and its processing, said that they are waiting for “good news.”

However, taking into account that the request has just entered the process before the Presidential Grace Commission and there is only one week left until the government of interim president José María Balcázar ends, the request for presidential grace would end up being resolved by the government of the elected president Keiko Fujimori.

Hearing at the Supreme Court

While politically there would be no indication that Toledo Manrique could have a response during the interim government of José María Balcázar, judicially he would also have to wait until September – and perhaps longer – to have a response to his request to be released.

The Permanent Criminal Chamber of the Supreme Court scheduled for September 14 the hearing to qualify the appeal filed by the sentenced former president Alejandro Toledo, in order to be released from prison.

The former president, in his request, has required the supreme court to apply Law 32181, which provides for house arrest for people over 80 years of age.

According to judicial information, in said session, the court will analyze whether or not Toledo Manrique’s request has a substantive issue that the Judiciary specifies or establishes as a jurisprudential line.

The same request, in the first and second instance, was rejected when it was established that a consent judgment must be obtained to access said benefit.

Law 32181, approved and promulgated in December 2024, modified article 22 of the Penal Code, establishing that those over 80 years of age may face their sentence under house arrest, for humanitarian reasons.

In previous statements, Roberto Su, Toledo Manrique’s lawyer, assured this newspaper that the aforementioned law does not establish as a requirement the existence of an enforceable sentence for its application.

For this reason, he said he trusts that the Supreme Court will analyze his appeal and establish that his client can benefit from said rule.

In their request they have indicated that the convicted former president can be released from prison and serve his sentence at home, while the appeals against his sentences are resolved.

According to judicial information, Toledo has requested that his case be treated with priority for humanitarian reasons.

“I have a heart problem (…) I have cancer, an acute anxiety problem. A urinary incontinence problem, from time to time I lose blood. I ask you with all my heart for humanitarian reasons, illness and age, I ask you to please attend to my request,” Toledo said in a previous public hearing. Currently, Toledo Manrique is 81 years old.

The Supreme Court has specified that the cases are analyzed according to the order of entry, therefore, on July 17, it set a date to qualify the appeal filed next September.