Juan Vizueta: “The military alleged offenses prescribed”

Seven discipline boards are underway in the country for alleged lack of obedience to the authority of President Rafael Correa. The first six are marines, accused of offending the President Rafael Correa in a reply to the letter he sent them. The first that faced the council, Captain Edwin Ortega will face another trial because a judge accepted a request for protective action and annulled the decision of the council.

One day after the annulment of the Disciplinary Board´s decision favoring his client, Edwin Ortega, his lawyer builts a new defense weapon.

– Did you finish the new defense strategy of Navy captain Edwin Ortega, who will face a new disciplinary board?

– We are, first, waiting for the notification judge´s ruling because what happened on Wednesday was an oral announcement. We will analyze the ruling to decide the actions we can propose against that ruling. We know that an action, that the members of the Disciplinary Board who acted in the trial of Captain Ortega, will be given, as the Navy denied sponsorship and left them virtually defenseless.

– You defend three other officers facing disciplinary boards. In what conditions are these cases?

– Three of the four disciplinary boards that were fulfilled, have been notified. The only one that has not been notified yet is Lieutenant Angel Realpe´s, that was the previous Friday. In the other three cases, all of them were all reported in the same line as Captain Ortega was, I mean the disciplinary boards of captains Jose Luis Peñafiel and Juan Torres. The Defense Ministry orders were disregarded.

– Will you represent the officers if they are called to new disciplinary boards?

– The only resolution of the discipline board that has been complied so far is Captain Ortega´s.

– Legal Secretary of the Presidency, Alexis Mera, announced new protective actions by the decisions of the other discipline boards.

– We will have to expect this. But we already know the result. Judges will always be in the service of the Executive, who achieved to generate new disciplinary boards. What I’m trying to defend is the legal framework and eventhough there is a judicial decision, which cancels a resolution, what they forget is that these alleged disciplinary offenses already prescribed because Article 123 of the Rules of Military Discipline states that faults expire after 90 days. Today, 110 days have passed and therefore there will not be the slightest chance of sanction such behavior.

– Your legal arguments will be supported by this?

– It is the argument that we have sustained before, now and later.

– Can the new Disciplinary Board pronounce itself as the previous one?

– Not only similar to the other, but they already lost competition.

– Do you trust the new disciplinary board that will integrate?

– Totally. I trust it will act according to law.