The judgments against Jorge Glas are not firm. This in practice means that the State cannot recover the USD 14 million that the justice ordered to confiscate the former vice president and his uncle Ricardo Rivera.
The two judgments against him were issued in December 2017 and June 2018. But the former official has filed six judicial appeals that have slowed down the application of convictions for illicit association, linked to Odebrecht’s corruption scheme. Through its lawyers, Glas has filed requests for extension and clarification of the judgment, appeal, cassation, habeas corpus and habeas corpus review.
This last appeal is in the Constitutional Court, but that Court is not authorized and the files that were entered are paralyzed until the new judges are appointed. According to Ernesto Albán, coordinator of the contest for the Constitutional Court, the magistrates must be appointed on Tuesday, January 15, 2019. Then, they must be possessed and the demands that are in that body will be drawn among the jurists.
Finally, in February, they will begin to process them. But there are no deadlines for the issues to be resolved. The appeal has not been processed either. Initially, the judges of the National Court of Justice found him guilty in two instances, which sentenced him to six years in prison. In addition, the freezing of bank accounts and seizure of assets was ordered. The freezing of accounts does not apply either. As a former vice president, he is entitled to receive a life pension of USD 4 057.50 per month.
But last November, Judge Carlos Paz accepted the agreement that Glas arrived with his wife, so that this amount is paid as alimony for their two children. In fact, Justice Paz ordered that the payment be made by the Secretariat of the Presidency. “The sentence cannot be applied, because Jorge Glas is innocent. This is determined by the law while the sentence is not enforceable, “says his lawyer, Eduardo Franco Loor.
Judicially, a sentence that is not yet firm benefits the defendant. That is supported by the Constitution, in its article 76, which speaks of the principle of innocence. The text reads: “The innocence of every person will be presumed, and will be treated as such, as long as their responsibility is not declared by a final decision or an enforceable judgment.” The same rule explains that the sentence begins to be applied after all the legal remedies raised by the suspect have been exhausted.
In the administrative sphere, the Comptroller General, for its part, has determined three glosses of solidarity, that is, that are shared with more ex-employees. The first is for USD 49 million for the contract for the exploration and exploitation of gas in Block 3 of the Gulf of Guayaquil.
Another gloss, for USD 31 million, was established by leading the concession contract between Conelec and Machala Power. The third is for USD 5.2 million and is related to the exploration and exploitation of the Singue field. In total they are USD 85.2 million in glosses. The Comptroller’s Office confirmed that Glas has not canceled those amounts. In the case of Singue, the control body sent a report to the Prosecutor’s Office with indications of criminal responsibility in March 2017. Since then the case is still under investigation.
Other investigations that are in reserved phase have to do with the alleged crimes of embezzlement, organized crime, influence peddling, money laundering, bribery and concussion. The indications about the possible involvement of the former official in these crimes were indicated in the Odebrecht file.
For example, the use of the company China Glory is mentioned to hide the supposed bribes delivered by the Brazilian construction company. From the Latacunga prison, the former official defends his innocence.
Through a letter, he indicated the following: “I have no heritage hidden in any part of the planet.” He also said that he was already investigated and that the reports of the Financial Analysis Unit of the Internal Revenue Service, the reports of the United States, Panama and Brazil “do not even” name him. “Worse they connect me in any illicit”.
This statement was disseminated in writing on their social networks and was issued in response to a new case of corruption with which it is related and which was denounced by the Presidency. (I)