31/07/2026 12:47 - Internacionales
In a decision that marks a turning point in Peru's judicial system, the Constitutional Court (TC) announced on July 30, 2026 the annulment of the criminal case against former President Ollanta Humala (who governed from 2011 to 2016) and his wife, Nadine Heredia. Both had been convicted of money laundering in April 2025 and sentenced to 15 years in prison.
The ruling, which paves the way for Humala's immediate release from the Barbadillo prison, is based on violations of the principles of legality and specificity (tipicidad) linked to the right to personal freedom. The news has been covered by international and national media, including DW, Infobae and La Prensa.
The TC ruled in favor of the habeas corpus petition with a vote of 5 magistrates in favor and 2 against. The magistrates who sided with the former president were Helder Domínguez Haro, Francisco Morales Saravia, Gustavo Gutiérrez Ticse, César Ochoa Cardich and Pedro Hernández Chávez.
The core of the decision is that at the time of the alleged offenses during the 2006 and 2011 election campaigns, the act of receiving illicit funds was not defined as a form of money laundering under Peruvian law. This specific legal classification was only added to the penal code in 2016. Therefore, applying the law retroactively violated the principle of legality (nullum crimen, nulla poena sine lege).
This reasoning is not new for the court. The same logic was used nine months ago to order the dismissal of the investigation against Peru's current president, Keiko Fujimori, in the so-called 'Caso Cócteles'.
Both Humala and Fujimori were accused of receiving irregular contributions for their presidential campaigns. In Humala's case, the disputed funds amount to nearly 3 million US dollars, originating from the Brazilian construction company Odebrecht and the government of then-Venezuelan President Hugo Chávez (1999–2013).
With the ruling published, the ball is now in the court of the Judiciary. The TC has ordered that, once notified of the decision, the relevant judicial body (the Second National Criminal Appeals Chamber) must 'define the legal situation' of the former president immediately.
Humala's lawyer, Julio Espinoza Goyena, explained that the nature of habeas corpus requires that freedom be granted in the shortest possible time. Hearings to evaluate the appeal are scheduled to resume on August 5, 2026, so on that day—or even earlier—Humala could leave the prison where he has been held for 15 months.
The annulment of the proceedings also benefits the former president's wife, Nadine Heredia. However, her situation is different: on the day of the 2025 sentencing, she did not appear in court and instead sought asylum in Brazil together with her 15-year-old son. Her lawyer, Wilfredo Pedraza, indicated that the nullity will lead to the dismissal of her criminal case, opening a ray of hope for her legal status abroad.
The case of Ollanta Humala is part of the massive corruption scandal involving the Brazilian construction giant Odebrecht, known as Lava Jato (Car Wash), which shook all of Latin America. Humala will be the first former Peruvian president convicted in connection with this case to be released by a judicial decision based on a strict interpretation of criminal law. This ruling reflects a moment of profound redefinition in Peruvian jurisprudence regarding financial crimes and election campaign financing.
Alfredo S. Quiroga
