Under the direction of the Criminal Court composed of the national judges Iván León (rapporteur), Daniella Camacho and Iván Saquicela , this Wednesday, July 15, 2020, the trial hearing was installed against the former head of the National Secretariat of Communication (Secom) of the previous Government, Fernando A.
The former national undersecretary and effective cooperator, Pablo Y. , are also tried in this case ; the ex-undersecretary of Institutional Media (e) Galo P. and the ex-supplier of Secom, Carlos B.
The trial begins one year three months and 12 days after the national judge Sylvia Sánchez, decided to call the four people to trial , as co – authors of the crime of embezzlement.
The judge considered that there is sufficient “evidence to presume that they committed the crime.” According to the Comprehensive Penal Code (Art. 278), embezzlement has a penalty of 10 to 13 years in prison.
The criminal law establishes that this crime is imprescriptible . In addition, “those sentenced will be incapacitated for life to hold public office or work in financial entities.”
In the Constitution of the Republic (art. 233), it is further established that in crimes such as embezzlement “trials will begin even in the absence of the accused persons”. In this case, Fernando A. could be sentenced, despite being a fugitive.
The criminal process was born on the basis of a report by the State Comptroller General , regarding the management of Secom between 2013 and 2017, where it established a loss to the State of $ 250,000 for contracts signed for the production and transmission of the called citizen links or also known as Saturdays.
These spaces were used by former President Rafael Correa to attack his political detractors, journalists, the media, and report on the regime’s public management .
First day of judgment
The trial hearing began this Wednesday, July 15, at the National Court of Justice (CNJ) with the initial allegations by the deputy attorney general, Wilson Toainga. Also present was the State Attorney, Íñigo Salvador.
In his intervention, the Prosecutor hypothesized that citizens Fernando A., Pablo Y. and Galo P. , public officials; and Carlos B., supplier, caused an injury to the State performing contracts for communication services with funding from the State. He said he will show that they are co – authors of the crime of embezzlement.
Nathalia Cevallos , representing the State Attorney General , said that the public servants committed embezzlement and that this conduct extends to Carlos B.
In his initial statement, Carlos Alvear, Fernando A.’s lawyer , assured that the theory of the case was changed and that he is being accused of a new criminal type. For this reason, he requested that his defendant’s innocence be ratified , because “he acted according to the powers of his public office.”
Diego Chimbo, Galo P.’s defense, assured that the Prosecutor’s Office will not be able to prove that his client participated in the crime of embezzlement, while José Charry, Carlos B.’s lawyer , maintained that his client is innocent and that he will prove that this process has been “irregular and inefficient”.
The role of each of the accused
To none of the accused : Fernando A., former Secretary of Communication; Pablo Y., former national undersecretary; Galo P., former undersecretary of Institutional Media; and Carlos B., manager of the company Gota Azul, are accused of direct perpetrators of the crime.
Fernando A . would have allowed the perpetration of the crime because, as the highest authority of Secom , was in the both the actions performed.
Pablo Y. , in his capacity as Undersecretary of Secom, hired Víctor Hugo Erique (+), who was a bachelor; but to occupy this game it was necessary to have a third level degree with knowledge in audiovisual techniques.
Galo P., Undersecretary of Institutional Media ( e ), was the contract administrator and facilitated the transfer of Erique’s products, between August and September 2014, to the company Gota Azul.
Carlos B., manager of Gota Azul , without being a public official, would have asked Erique for supplies and follow-up reports from the media opposing the Government, from the provinces of El Oro, Loja and Zamora Chinchipe. ( I )