The members of the plenary session of the Council of the Judicature are accused of interference and of not fulfilling their functions when disrespecting the processes for the appointment of authorities of the justice sector.
Although the morning of Tuesday, May 8, was not yet notified, the president of the Council of the Judiciary (CJ), Gustavo Jalkh, said he was calm and ready to face the impeachment trial against him, described on Monday by four the seven members of the Council of the Legislative Administration (CAL).
“The assembly members have the right, in use of their powers, to raise and request political trials. I hope you do it seriously. ” He indicated that he respects the decision of the CAL, which surely confirmed that the requirements were met to make way for the process. “We are very calm because we have fulfilled our functions … If something we have done is to fulfill our functions integrally,” he said, and faced with any complaint that is presented, he assured that they will respond to the legislature with evidence.
Jalkh said he had learned from the press that members of the CJ plenary are accused of non-compliance with functions and direct interference in the independence of the judicial system. About the alleged interference in the justice said that it is an ethereal concept and an opinion that respects and tolerates, “but at the time of a trial is not about opinions but about arguments and concrete facts”, even if it is a political trial, as the Inter-American Court of Human Rights says.
Regarding the accusation that the inexcusable error was used as a measure of pressure for the judges, Jalkh said that the figure that also exists in other countries is of a disciplinary and not jurisdictional nature.
We are all transitory
For the holder of the CJ, all public servants are transitory, some with longer periods than others, so if they are ceased in office by the Council of Citizen Participation and Transitory Social Control (CPCCST), they will abide by it.
However, he emphasized that “if our functions end before our term, I hope it is for a legal reason and not for some arbitrariness”. He also recalled that, like the CPCCST, the President of the Republic has expressed positive comments for the CJ. “It seems to me that the President, from his point of view, is doing his job correctly.”
He said not to question or oppose the evaluation initiated by the CPCCST to the Judicature, but rather that they are willing to do so, although he admitted that all they have done is, in the exercise of the right of petition, to ask the Constitutional Court to pronounce on the scope of competence of the Transitory Council. For the private secretary of the President of the Republic, Juan Sebastián Roldán, it is up to the Government to fulfill its political position of respecting the popular will of the consultation of last February.
“In that expression it was clear that the Ecuadorians want the authorities to be evaluated,” he said, and admitted that if there is any concern from another authority (the Judiciary), they can go to the Constitutional Court to clarify this problem.
“The vocalist of the CJ, Néstor Arbito, said that along with the other members are conscious and very proud of the work they have done, of all the effort in these last five years. “Within the political scene they have the right to initiate the actions and political trials that they wish, just as we have the right to present our evidence of defense and to argue with the work done and with the improvement of justice.”
In a month would be the trial
On Monday the CAL qualified the request for impeachment the deadlines and times start to run. At the moment the President of the Assembly is expected to forward the request for prosecution, together with the supporting documentation, to the Supervisory Commission.
From there, within 5 days, the Commission will request knowledge of the request. If it is not filed, it will notify the members of the plenary session of the CJ of the start of the process. From that moment the period of 15 days runs so that they exercise their right to defense and present the evidence of defense they consider relevant.
The same deadlines are for the meeting participants. After these 15 days, the Commission must send the report to the President of the Assembly within five days, but may request an extension of 5 more days. The date of the impeachment is defined with the report.
Gustavo Jalkh Roben : From Guayaquil, he lives in Quito. In 1990 he received the title of lawyer and doctor in Jurisprudence from the Catholic University of Ecuador.
On January 23, 2013, he was officially installed in the Assembly as president of the Judicial Council.
The members of the Council of the Judicature are the Guayaquil Néstor Arbito, Ana Karina Peralta, Rosa Jiménez Vanegas and Alejandro Subía latacungueño.
The Assembly prepares a political trial against Jalkh and the four members of the Judiciary.
The disrespect of the processes for the appointment of authorities of the justice sector is one of the accusations of the proponents.
The application of inexcusable error against judges is another complaint. (I)