In the framework of the Lava Jato case, an effective collaborator has indicated that Odebrecht handed over US $ 10,000 to the Popular Christian Party (PPC) to probe Alberto Beingolea's intention to vote, he revealed "Fourth Power" on Sunday. The alleged contribution, said the collaborator, would have been made with full knowledge of the former congressman and, as on other occasions, with Horacio Cánepa as an intermediary.
Beingolea has emphatically denied having any link to the survey financed by the construction company, which was also conducted to measure several applications.
This, however, is just a small example of the relationship that the PPC has maintained for more than three decades with its still affiliated (in a long suspension process) Horacio Cánepa. The lawyer, today investigated for allegedly receiving US $ 1.4 million in bribes and US $ 1.2 million to distribute to third parties and benefit Odebrecht in arbitrations against the State, has had crucial support for his career in his youth party . Especially as a referee.RELATED
At age 25, in 1990 Horacio Cánepa had been elected as one of the youngest deputies in the country's history by the Fredemo alliance, in which the PPC was one of the key pieces. His militancy in the party, however, is even earlier: in 1988 he had been deputy departmental secretary, with only 23 years, and in 1992, national secretary of international relations.
But his problems would begin in 1995, when Cánepa again tempted a seat for his native Huánuco. Not only would he not win this time, but he would end up outside the country accused of electoral fraud. The press then called the ‘huanucazo’ scandal: a complaint that involved Cánepa in the manipulation of 4 million votes to favor the candidacies of Alberto Fujimori, his countryman Victor Joy Way and his own. As a result, his enemies began calling him ‘Amphorae’.
Pursued by justice, Cánepa took a flight to La Paz, Bolivia, on April 16, 1995, and stayed there for 13 days. Then he got on another plane that left him in Miami, United States, just with a tourist visa that allowed him six months of permanence. His wife and son arrived for the holiday season, when that period had already expired, on November 11. It was the beginning of a short stage in exile.
With the help of a sister, who was married to an American at the time, Cánepa managed to open a restaurant and live there for some years outside the law. On October 24, 1997, the American justice granted him political asylum. In his resolution, Judge Teofilo Chapa indicates that Alberto Fujimori's government – which by then was already perceived as dictatorial – did not guarantee Cánepa due process.
"The Court believes that the defendant was appointed to take the blame for his political opposition opinions (to the Fujimori government) and not for his actual participation in electoral fraud," says the resolution, which El Comercio agreed to. It seemed inconceivable to the judge that the young politician had adulterated minutes to benefit candidates who were not from the PPC. In parallel and for the same case, in Peru he was convicted in absentia.
But that sentence only lasted until 1998. That year, he was acquitted by a Supreme Court room composed of Alejandro Rodríguez Medrano, operator of Vladimiro Montesinos in the Judiciary, who was later sentenced to eight years in prison for corruption of officials and traffic of influences With the acquittal, however, Cánepa was able to return to Peru, where he returned to devote himself to law and politics. Of course, he was again a candidate for Congress by the PPC.
“The proof that I had nothing to do (in the‘ huanucazo ’) is that I have returned to my own party and everyone welcomes me with open arms. Do you think that if in the PPC you knew that I have done something wrong to favor Fujimori (…) you will welcome me with open arms? ”, Cánepa would say more than ten years later to defend against the shadow of 'Anforacio '.
“I support him because he underwent a judicial process and was acquitted,” said Lourdes Flores about him in 2006, when he was criticized for taking him on his list to Congress, according to La República. And in February of this year, questioned about why he trusted someone who had been acquitted by Rodriguez Medrano's room, Flores gave the same answer in the "Fourth Power" program: "precisely, he was acquitted."
Exactly the same said now to this Journal: "If a person is acquitted, we must start from the fact that he has been declared innocent."
Precisely, Lourdes Flores has been one of the most tenacious defenders of today's investigation. "The only professional ethic I know is to win," said the home screen of the website of the law firm of Horacio Cánepa until the end of 2015. That is why – among other reasons – the court of the arbitration center of the PUCP decided that year to remove him from his list of recommended referees, Flores, however, decided to defend him.
Upon being informed about his withdrawal from the list, Cánepa sent an email to a hundred Peruvian referees lamenting the fact. There he attributed the authorship of the phrase on his website to the American lawyer Alan Dershowitz, a criminal law superstar who has among his most popular clients the former boxer Mike Tyson and the former American football player O.J. Simpson He also described the exclusion as a "veto" and an "injustice."
“As a defense lawyer, I have no interest in the right thing. My only interest is to win, ”Dershowitz had told the Peruvian magazine Themis in 2001. Immediately after the mail, Cánepa decided to file an amparo action against the members of the arbitration center court that would eventually be declared inadmissible. In that lawsuit, one of her lawyers was Lourdes Flores.
In February of this year, Flores said in "Fourth Power" that defending Cánepa against the PUCP had been "a mistake" that she accepted "with nobility." A few days before, the former executive of Odebrecht Raymundo Trindade Serra had said that the construction company delivered a contribution of US $ 200,000 to the municipal campaign of the leader of the PPC in 2010. The intermediary? Horacio Cánepa.
“It was a serious mistake, because while there was no element that showed any incorrectness, subsequent events have shown that I defended a cause that was not correct. (…) My serious mistake is that I could not intuit that there was an incorrect behavior in relation to arbitration, "Flores replied to El Comercio.
–The friendly letters–
Lourdes Flores, however, is not the only pepelist who has advocated for Cánepa throughout her career as an arbitrator. This began – as he told himself in the mail to his colleagues – in 1993, after Congress was dissolved by Fujimori. "(Since then), I have participated in more than 500 arbitrations, both national and international," says the e-mail, to which El Comercio had access. This communication did not have much impact.
But in parallel, Cánepa also sent letters – at least – to two then congressmen of his party: Juan Carlos Eguren and Marisol Pérez Tello. Both interceded on your behalf before the PUCP arbitration center.
Eguren even wrote to the ex-rector of the Marcial Rubio University about an “alleged violation of the rights” of Cánepa when “he was denied without any reason his reinstatement” to the list of arbitrators, and asked him to “report on the actions that get ready about it. ”
Meanwhile, Pérez Tello told the director of the arbitration center, César Guzmán Barrón, that “from what was expressed by Cánepa, a procedure not founded on the law could be collected” and asked him “to consider what was indicated in order to establish the corrective measures were necessary. " In addition, he indicated that he was sending the documentation sent by the former arbitrator to the arbitration center.
“All the letters that arrived were processed in the same way. He moved and commented on the same terms: if there is something to fix, fix it. That was the rule and Horacio knew it perfectly. That was no accident. I knew how to conduct myself with regard to citizen complaints, "Pérez Tello defended, consulted by this newspaper about it.
Eguren, on the other hand, did not respond to interview requests. In February of this year, Serra declared that Odebrecht would also have contributed between US $ 5,000 and US $ 10,000 to his legislative campaign. In October, Barata ratified the alleged contribution.
–The Cá Cánepa Law'–
Eguren has been one of the most enthusiastic in the defense of Cánepa. Two years earlier, in 2013, he had sent a letter to the Supervisory Agency of State Contracting (OSCE) questioning his criteria for selecting arbitrators, in which he did not qualify.
"To a greater abundance and as an example, I reach you the CV of my friend Horacio Cánepa, who curiously for OSCE does not accredit experience or specialty in the matter," concluded the letter, sent to the then executive president of the entity, Magali Rojas.
But that was just a small show of appreciation. After PUCP excluded him from his list of arbitrators, Eguren presented the draft of the so-called ‘Cánepa Law’. According to Alfredo Bullard, who wrote three columns on the subject in El Comercio, this bill sought to prevent arbitration centers that reserve the right to exclude arbitrators from their recommended lists.
In a response column, Eguren alleged that he had presented the initiative to avoid ‘rings’ that discriminate capable professionals in arbitration. However, Pérez Tello herself said that the project had a clear tendency to favor the separate arbitrator.
“In the case of Horacio not only did that (send a letter to her). There was also a bill that the PPC initially supported but then withdrew the signature, because the people of the PUCP explained to me why it was. And I said ‘you know what, not to speak’, ”said the former congressman.
After the withdrawal of the signatures, the Cá Cánepa Law ’project initially did not prosper. But with the new Congress, a new version – very similar to that of Eguren – was presented by Glider Ushñahua, of Fuerza Popular. The former president of the Justice Commission, Alberto de Belaunde, managed to postpone the proposal by not putting it on the agenda until December 2017. That month, he lost ownership of the working group.
However, on September 10, 2019 – already under the chairmanship of Moises Guía and despite having received unfavorable opinions from arbitration centers, arbitration experts, the Ministry of Economy and the Ministry of Justice – an approving prediction was drafted in the Commission of Justice. Twenty days later, Congress was dissolved.
The survey made to measure the possibilities of – among others – Beingolea is the most recent chapter in the PPC's relationship with Cánepa, who would have served as an intermediary in the transaction. The delivery, in turn, would have been made at the request of Lourdes Flores. "It should be noted that Alberto Beingolea knew perfectly well that these contributions to the survey came from Odebrecht," said the effective collaborator who revealed the money delivery.
Beingolea, however, has completely demarcated from the fact. "Is not true. I have never had any contact with Odebrecht, I don't know anyone from Odebrecht either directly or indirectly, I have never asked for any favor of any kind. I do not remember that a survey has been sent to me and in any case if a scoundrel did it, that he answers why and under what circumstances, ”Alberto Beingolea replied Sunday, in dialogue with“ Fourth Power ”.
The effective collaborator also said that, in gratitude for this contribution, Beingolea sent a document to ProInversión asking about the initiative presented by the construction company for the Huacho – Sayán – Churín – Oyón – Yanahuanca – Ambo highway. “All I do is ask about this project, a letter that was not answered. The letter was sent six months before the alleged meeting that says that scoundrel. It's a lie, ”the former congressman defended.
Pérez Tello recalled that by then Beingolea was Cánepa's internal rival in the PPC. “(He was the only one who did not support the Cá Cánepa Law’ project) because whatever Horacio said, Alberto opposed it. There was a rivalry between them that Cánepa was responsible for making public, ”he said. “Horacio used all his weapons and will continue to do so. He lies, cheats, uses and used the game. He will end up in jail and dishonored, ”he added.
A source of the PPC also told El Comercio that Beingolea did not know about conducting the survey. He added that the poll was requested to measure the voting intention of five candidates, one of whom was the former congressman. Manuel Saavedra, CPI partner – the pollster who made the measurement – confirmed that the work included several candidates besides Beingolea.
In more than thirty years, the PPC has played a crucial role in the life of Horacio Cánepa. Even today, although according to party sources his militancy is in the process of suspension, Cánepa appears in the Register of Political Organizations (ROP) as a valid affiliate. A relationship in which the party still has things to explain.