The Second Constitutional Court of Lima has scheduled an August 12 hearing on a habeas corpus petition seeking former president Pedro Castillo's immediate release. The public session will begin at 11 a.m. and will take place virtually through Google Meet.
Castillo requested to intervene in the proceeding, and the court ordered that he be allowed to participate and speak virtually from Barbadillo prison in Ate. The legal petition contends that Castillo's detention violated fundamental rights, grounding its argument on an opinion from the United Nations Working Group on Arbitrary Detention. Court documents note that while the panel's opinion forms a primary argument for the defense, it does not trigger an automatic release.
State attorney offices representing multiple government branches will take part in the session. Participating agencies include legal defense teams from the Judiciary, the Public Prosecutor's Office, the Legislative Branch, the Ministry of Justice and Human Rights, and the Presidency of the Council of Ministers.
State representation and legal defense
The habeas corpus action names several high-ranking officials and state bodies as defendants, including the president of the Republic, the minister of Justice and Human Rights, Congress, the attorney general, and Supreme Court magistrates.
Castillo questioned the involvement of the Public Attorney's Office of the Presidency of the Council of Ministers representing the Presidency of the Republic. The court clarified that each defendant holds independent legal representation, noting that the Council of Ministers' attorney office represents the president of the Republic and has not taken over representation for all sued entities.
Conviction and previous court rulings
Castillo remains incarcerated at Barbadillo prison serving a sentence of 11 years, 5 months, and 15 days for conspiracy to rebellion, stemming from the events of December 7, 2022. The Special Criminal Chamber of the Supreme Court issued the initial conviction in November 2025.
The former president has filed several constitutional actions challenging his legal situation. In April 2026, the Constitutional Court declared inadmissible a habeas corpus petition that sought to annul preventive detention orders issued in investigations into the Petroperu, Puente Tarata, and Ministry of Housing cases.
