JNJ opens preliminary investigation against the head of the ONPE: Could he be suspended from office?

The National Board of Justice (JNJ) unanimously approved to initiate a preliminary investigation against the head of the National Office of Electoral Processes (ONPE), Piero Corvetto, for the organization’s poor performance in the distribution of electoral material, which prevented more than 50 thousand citizens from being able to vote on Sunday, April 12.

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On Monday, in a statement, the board stated that the decision was made in response to the events reported by various citizens, through the media.

JNJ sources indicated that this investigation lasts 30 business days (until May 26) and that, if it leads to a disciplinary process, Corvetto could be suspended from office.

After being notified, the head of the electoral body will have a period of ten business days to present his exculpatory report and attach the evidence he considers necessary, being able to access the file and carry out procedures through the virtual parties table of the JNJ.

(Update) In a second statement on Tuesday the 14th, the JNJ reported that Corvetto was notified. He even specified that they have received “numerous citizen complaints about the same events, which are already being investigated ex officio by the institution.

On Monday, the institution also agreed to request the Evaluation and Ratification Directorate to prepare a detailed report regarding the ratification process of the aforementioned official, which occurred in July 2024.

“This report will provide greater elements of analysis in the exercise of the constitutional powers of the National Board of Justice,” the statement detailed.

The board affirmed that these actions are carried out in strict compliance with its constitutional and legal functions, guaranteeing due process and respect for the rights of the people involved.

On Sunday, April 12, during the vote, more than 52 thousand voters, distributed in 187 tables, were prevented from voting. This is because the electoral material did not arrive at their voting locations, a task carried out by the ONPE.

Furthermore, election day was marked by chaos, disorder, confusion and unrest in various voting centers.

Opinions

In dialogue with El Comercio, constitutionalist Óscar Urviola and criminal lawyer Gilmar Andía warned that Corvetto could be suspended by JNJ, if a disciplinary process is initiated as a result of this preliminary investigation.

However, they were concerned that the process against the head of the ONPE was going to be carried out expeditiously.

Urviola pointed out that the preliminary investigation “is pertinent” and indicated that what happened is “irresponsibility” of Corvetto.

“Although this investigation is the responsibility of the board, I hope that this process is carried out in a timely manner and not in a hasty manner, to the extent that an electoral process is underway that could suffer alterations if there is an unexpected change in the ownership of that body,” he highlighted.

The former president of the TC warned that any sanction against Corvetto could have repercussions in the second round.

“I hope that this power is exercised without haste and respecting due process,” he stressed.

Andía had a similar opinion. The former vice minister of Justice said that although it is important to investigate what happened, in his view, the JNJ’s decision has been “political.” On that basis, he estimated that the investigation will be accelerated with a view to suspending him.

“The procedure is to initiate a preliminary investigation, in which the rapporteur can ask the investigated person for his defense. If the board sees it appropriate, it can go directly to the procedure, skipping the stages or doing an express procedure. It can apply the criteria that were used in cases like that of Patricia Benavides,” he said.

Prosecutor of the Nation indicates lines of investigation: serious negligence and alleged collusion

In dialogue with the podcast, Siempre at 8, with Milagros Leiva, El Comercio, the Attorney General of the Nation, Tomás Gálvez, pHe added that there are two lines of investigation, one of them the alleged commission of the crime of collusion between ONPE officials and the company (Galaga, in charge of the distribution of electoral material).

“The existence of an illegal agreement that may give rise to or may prove the existence of the crime of collusion is presumed,” he insisted.

Gálvez also warned of “serious negligence,” especially by the head of the ONPE.

“There has been total negligence in carrying out the electoral process, which has to be investigated (….) in the ONPE authorities, especially its boss, who had to rise to the occasion because this is the main demonstration of whether he works or not,” he stated.

Gálvez expressed his indignation regarding the selection of the company responsible for transporting the electoral material.

“It is a company that has had several penalties, it has already been sanctioned by the same ONPE. How is it possible that it wins a tender again for the most critical case, for the most important case in Peru, the electoral process? So, that is going to have to be investigated in depth,” he questioned.

At another time, he explained that it was not appropriate to arrest the head of the ONPE in flagrante delicto, as requested by the candidate Rafael López Aliaga, since – in his opinion – there is not a flagrante delicto but rather serious negligence.

This Monday morning it was also learned that the Anti-Corruption Police Directorate The ONPE Electoral Management Manager, José Samamé Blas, was arrested in flagrante delicto for the alleged crime of omission, refusal or delay of functional acts.

Corvetto acknowledged the failure on Sunday and offered “personal and institutional apologies,” attributing the problem to non-compliance by the company Servicios Generales Galaga. Likewise, he indicated that he agrees to the investigations.