Lawyers for political prisoners file a challenge against Prosecutor Perciballe

Ricardo Perciballe  is Uruguay's prosecutor specialized in Crimes Against Humanity, a position he assumed in February 2018. 

His work focuses on investigating alleged human rights violations committed during the civic-military government (1973-1985).

On August 20, lawyers for political prisoners, mainly police officers and military personnel, filed a recusal motion against Perciballe with the Office of the Attorney General.

Recusal, in legal terms, means that the prosecutor must step aside from the criminal cases he is handling for well-founded reasons. 

According to the document submitted to the Prosecutor's Office, which La Derecha Diario accessed, Ricardo Perciballe has a personal interest in the criminal cases he handles, and must be removed.

Relative of seditionists

The document submitted to the Prosecutor's Office states that "his first cousin Dardo Maidana Perciballe was arrested in 1974 for subversive association linked to the MLN (...) and remained detained until 1983". 

Later, the document points to Perciballe's relatives who had "Uncles linked to the Communist Party of Uruguay." "The prosecutor himself maintained visits with his cousin in detention."

It is a fact that prosecutor Perciballe had relatives who were Tupamaro terrorists, and others who were members of the anti-democratic and totalitarian Communist Party. 

Psychiatric patient

The document states that in a television interview on Canal 5, on August 2, 2023, Perciballe acknowledged that he is undergoing psychological and psychiatric therapies.

The lawyers' document states that Perciballe "has an obvious political bias," and doesn't have any kind of impartiality or objectivity. 

It is emphasized that an individual who suffers from a psychiatric disorder can hardly continue in such sensitive matters.

It is clear that if a criminal prosecutor is mentally affected by the matters he handles, he can't continue performing in them. 

Prejudgment of the accused

The submitted document states that it is clear he has animosity against police officers and military personnel who acted half a century ago. 

The lawyers for the political prisoners state that Perciballe "prejudges the guilt of the accused."

This means that he prejudges that the military personnel and police officers whom he asks to be formally charged before a criminal judge are guilty before the judge himself determines it. 

Perciballe starts from the guilt of the accused, and not from their innocence as is appropriate in a State governed by the rule of law.

Request for recusal from criminal cases

The document submitted to the Prosecutor's Office concludes by requesting the prosecutor's removal from the criminal cases for serious violations of the organic law of the Prosecutor's Office and various legal provisions, since his conduct does not show any kind of objectivity or impartiality.

The legal professionals stated in their document that he keeps "a vindictive tone" regarding recent past events, which clearly undermines his loyal performance as a prosecutor.

Ricardo Perciballe acts more as a supporter of the complainants than as an independent criminal prosecutor.

Now, Perciballe has a few days to submit his written statement, and once it is submitted, the Attorney General will decide whether he will continue to lead the criminal cases for which he is being recused.