César Montúfar: ‘What happened with the Procurator’s Office left the State undefended’

Ecuadornews:

Interview to César Montúfar, private accuser in the case against Jorge Glas.

Glas’s trial is in the final phase. How do you evaluate the development of these 12 days of judicial proceedings?

I see this with concern. It has been a hard and difficult process. I believe that the illicit association has been clearly demonstrated. The tests determine that Jorge Glas, whom I accused, acted from a hierarchical, dominating position, controlling all the strategic sectors in terms of associating with the Odebrecht company and using the intermediation of his uncle Ricardo Rivera.

If everything has been proven in the trial, why is there concern?

For what happened on Tuesday with the prosecutor’s Office (the Court removed him from the trial). At that time, the Ecuadorian State has been left defenseless. That the State’s lawyer does not participate in this process, in the final part, obviously worries and could have consequences on the integral reparation that the State deserves due to the affectation it has had.

So, the risk that compensation cannot be requested is latent?

There is a risk that comprehensive reparation will not be achieved, because what happened could threaten the right of victims to claim redress. As a private prosecutor we will insist on that, but it was the lawyer of the State that corresponded to that role.

If physically the attorneys of the General’s Office are no longer in the procedure, who is the one to request the compensation?

Without a particular accusation from the victim, the Court should order comprehensive reparation for the State. But with much more strength and legitimacy it was the Attorney General’s Office that directly competed to make that claim.

Now, the Attorney General’s Office has stated that the State has not lost the status of victim.

But the absence of the private prosecutor’s accusation weakens that position.

And the Prosecutor’s Office has also stated that it has presented the elements to request reparation.

We will also continue with this. But in my case, the accusation I make is only for the Vice President and not for other defendants.

So, is there a risk that the rest of the defendants will not comply with the integral reparation?

The demand to the right of integral reparation for the victim is the one that is weakened fundamentally by that declaration of abandonment of the particular accusation of the Attorney General of the State.

Now, the Attorney General’s Office has stated that the State has not lost the status of victim.

So it is. But the absence of the private prosecutor’s accusation weakens that position. And the Prosecutor’s Office has also stated that it has presented the elements to request reparation.

We will also continue with this. But in my case, the accusation I make is only for the Vice President and not for other defendants.

So, is there a risk that the rest of the defendants will not comply with the integral reparation?

The demand to the right of integral reparation for the victim is the one that is weakened fundamentally by that declaration of abandonment of the particular accusation of the Attorney General of the State.

Was the Court’s decision to leave the Attorney General’s office extreme?

The fact that there has been a delay could not be left to the State without representation. Here we are talking about a crime that means enormous damage to the State, a loss that will have to be claimed in terms of integral reparation.

Yesterday (Tuesday) draws attention and means a setback in this legal process. What degree of guilt does the Attorney General have? I think that this has to be explained by the officials of the Attorney General’s Office. But from our perspective, as a particular accuser of Jorge Glas, there is a substantive problem. How the Ecuadorian State is without its representation? That is a serious setback. It is absurd that the private accusation of the Attorney General has been declared abandoned. (I)

Source: http://www.elcomercio.com/actualidad/cesarmontufar-procuraduria-jorgeglas-odebrecht-juicio.html