A Peruvian court rejected the habeas corpus filed by the wife of the late terrorist leader Abimael Guzmán, Elena Iparraguirre convicted of terrorism, to be able to remove her body from the morgue, while the prison authority confined her in a maximum security cell for “praising” her figure.
After the death of Guzmán, the founder of the terrorist band Sendero Luminoso, last Saturday in prison, the Peruvian authorities are in a dilemma because there is no protocol on the fate that will be given to the remains of the criminal.
Current legislation establishes that the remains of the deceased be handed over to their direct relatives, but the Government has insisted that there should be no grave that he provokes tributes from his followers, which is why several ministers have suggested that he be cremated.
Guzman’s wife Also sentenced to life imprisonment for terrorism, she requested through two lawyers that the remains of the deceased be delivered to her, by means of a power of attorney to Iris Quiñones, another sentenced for terrorism who regained her freedom in recent years.
That request was rejected, as well as the petition for habeas corpus that the lawyer Alfredo Crespo presented on his behalf on Saturday before the Superior Court of Justice of Lima.
The First Permanent Preparatory Investigation Court of Callao, which received habeas corpus for being the province where Guzmán died, declared the claim unfounded for the alleged violation of personal integrity and religious freedom, as well as his right to bury Guzmán according to his beliefs.
The lawsuit was filed against the prosecutor of the Third Provincial Criminal Corporate Prosecutor’s Office of Callao and the director of the Callao Medical Legal Division, who have been in charge of an investigation open after the death of Guzmán due to pneumonia in the maximum security prison of the Callao Naval Base, according to the autopsy.
The purpose of the lawsuit was for the body to be delivered to whom Iparraguirre designates by means of a power of attorney.
However, the court rejected the appeal, considering that the grounds are based on “conjectures and assumptions” of what would happen later, and did not consider sufficient arguments that evidence a violation of personal integrity or religious freedom of Iparraguirre.
On the same day as Guzmán’s death, his wife made phone calls from the Chorrillos women’s prison, where she is being held, to his supporters and the audio was shared.
In that communication, Iparraguirre allegedly asked “honor and glory” Guzmán added that they will follow “his example as a communist to the end.”
In addition, he complained that he had no family relationship that could facilitate the removal of the body from the morgue and that He also had no where to contact to do the procedure.
Following these calls, the National Penitentiary Institute (INPE) announced that it had ordered the isolation of Iparraguirre because these interventions “extol illegal acts linked to terrorism” and violate prison security regulations.
The prison authority opened a disciplinary process and ordered their transfer to a maximum security sector.
Meanwhile, the remains of Guzmán, responsible as leader of the Shining Path of thousands of deaths between 1980 and 2000 in the country, they remain in the Callao morgue waiting for the Public Ministry to decide whether to finally hand them over to a family member or to assume another alternative.