In case of not doing it, the former president Rafael C., that is tie in the fiscal instruction by the Balda case, could face an order of preventive prison.
In accordance with what was resolved by the national judge of Criminal Guarantees, Daniella Camacho, last Monday, June 18, the former president of the Republic, Rafael C., must present himself today, and every 15 days, in the General Secretariat of the National Court of Justice (CNJ).
This as a result of which the former president was linked to the fiscal instruction that carries out the Office of the Prosecutor in the case of the kidnapping to the ex-anasalete Fernando Balda. However, the fulfillment of this precautionary measure is in doubt that it will be executed, after last Friday, Rafael C. himself anticipated that he will not attend the proceeding.
“I have some family issues: my daughter suffered a serious traffic accident, she is at home, she was doing an internship in Geneva, she studies in Paris, and I cannot leave my family at this time,” he said. To this is added the request of the caucus of assembly members, councilors, Andean parliamentarians and leaders of the Citizen Revolution, the former president of the Republic not to return to the country and not present today at the CNJ.
“We do this in view of the fact that the prosecutor in charge (Paúl Pérez), like the other designated authorities, has not complied with Article 120 of the Constitution, numeral 11,” said legislator Gabriela Rivadeneira.
She refers to the fact that the authorities designated by the Council of Citizen Participation and Transitory Social Control would not have taken constitutional positions and therefore would lack legitimacy. What the law establishes however, for these cases, Article 542 of the Organic Code of Comprehensive Criminal Procedure (COIP) is clear and determines what can happen to the former president if he does not comply with the judicial order.
“If the person processed fails to comply with the precautionary measure not involving the release of liberty, the prosecutor or the prosecutor will request a provisional measure of deprivation of liberty from the judge,” the law states. “The COIP is very clear and the linked cannot have another possibility. Then, the precautionary measure is suspended and ordered preventive detention, “said Ramiro Roman, former magistrate of the Supreme Court.
The criminalist Patricio Abad ratified the annotated and said that in case Rafael C. does not appear in the CNJ it corresponds to act to the public prosecutor of the State, Paúl Pérez Reina. “You must ask the court to immediately order preventive detention.” The jurist Jorge Acosta recalled that the decision of Judge Daniella Camacho was for one of the alternative measures to preventive detention, and to be a resolution must be met “strictly”. He emphasized that it is inadmissible that the defense of the former president presents some legal action to justify or avoid his absence. “To request substitute measures of a substitute measure, it is not possible, the substitute measure is dictated and this is fulfilled or not fulfilled.
If it is fulfilled, the process advances in that condition, otherwise it is revoked and the corresponding one is dictated, which is a bit more draconian “. Until July 18 has the Office of the Prosecutor to investigate the kidnapping case of political activist Fernando Balda, since on that date the term granted by Judge Daniella Camacho for the fiscal instruction will end.
For this reason, in the next 16 days the proceedings will be intensified, including the extraction of the contents of an audio room provided by the principal involved in the case and effective cooperator, the former Raúl Ch.
In addition, dates will be defined for people who have been mentioned in the previous inquiry go to the Prosecutor’s Office to render a free and voluntary version. Among them is the former Minister of Tourism, Fernando Alvarado; the former legal secretary of the Presidency, Alexis Mera; the former president of the Council of the Judiciary, Gustavo Jalkh, among others. In the same way, Fernando Balda anticipated that he will request to be included as private accuser of Rafael C. (I)