"The request for preventive detention of the Public Prosecutor's Office presented in October last year remains; therefore, it must be said body (the TC) that clarifies the decision that has been announced last week because it has not reached four votes ( sentence), "prosecutor Domingo Perez said in statements to the local press.
Perez is part of the Lava Jato team and who directs the investigations against the Fujimori leader.
The tax team asked the Judiciary for a preventive detention measure against Fujimori in October 2018 for having obstructed the investigations against him, which was accepted by the Judiciary, Keiko being held in a prison in Lima.
Last week, the TC declared a habeas corpus appeal founded by a majority of four votes against three, ordering Fujimori's release, which became effective on November 29.
However, a controversy arose over the legitimacy of the ruling, because of the four votes in favor, three declare founded habeas corpus for having violated Keiko's right to due process, while the remaining vote declares the appeal founded because the investigated has no capacity to obstruct justice.
"The resolution that released Keiko Fujimori is not legitimate, it presents vices and that either through the nullity procedure or the clarification, I believe that the TC deserves to give an answer," prosecutor Perez said.
Some specialists argue that the TC did not obtain a sentence, since the votes that allowed Keiko to be released do not coincide in their arguments equally, considering that the fourth different vote should not be added to the other 3 remaining for not manifesting in favor of the release under the same grounds.
On December 2, the TC announced that on Friday 6 a new president will swear, magistrate Marianella Ledesma.
"I believe that the integrity of Judge Ledesma guarantees citizens that the decisions of the TC are attached to the Constitution … We rely on the integrity of said magistrate," Perez said, hoping that the Court will amend its alleged error.
Until then, the tax team considers that its original pretrial detention request remains applicable as it has not been objected or canceled by the TC.
Keiko Fujimori is investigated for receiving alleged illicit contributions from Odebrecht to finance his campaign for the presidency in 2011.