Judge notes that the Disciplinary Board resolution “is an act of insubordination against the civilian authority”
Posted On 13 Sep 2016
Judge of criminal guarantees Karen Matamoros annulled the resolution of the Disciplinary Board of the Navy that treated the case of Captain Jose Peñafiel, for having replied an email to President Rafael Correa on May.
He did so after a protective action filed by the president, who did not agree with the decision of the Council of releasing the official from liability on the grounds that due process was not followed.
At the hearing, that was installed Monday afternoon and which lasted for about an hour, Judge Matamoros not only accepted the appeal filed by Correa, but ordered the reconvening of a new council “subject to the Constitution.”
She further stated that she will send her ruling to the Ministry of Defense and the Presidency so that the military are trained in a period of 120 days on the hierarchy of rules, in order that these cases are not repeated.