Overview
- The petition sought to void the March 29, 2024 search of Dina Boluarte’s Surquillo residence and government offices tied to the ‘Rolex’ probe into alleged illicit enrichment and omission of declaration, authorized by Supreme Judge Juan Carlos Checkley and carried out by Diviac.
- Lawyer Marco Riveros filed the action against interim prosecutor general Juan Carlos Villena, and Boluarte later disavowed his representation, yet the Constitutional Court still addressed the substance of the claim.
- The court reasoned that the Public Ministry lacks coercive authority over personal liberty and that its actions are postulatory and do not directly impair freedom, so habeas corpus does not apply.
- Two separate opinions highlighted ongoing controversy: Magistrate Domínguez Haro referenced precedent 152/2025 limiting invasive measures against a sitting president, while Magistrate Morales Saravia argued the petition should have been granted and urged restraint by judges and prosecutors.
- The ‘Rolex’ investigation remains active, and the decision has renewed discussion over constitutional limits on inquiries into a sitting president, including possible reform of Article 117.