The National Court of Justice ordered the payment of nearly $ 500,000 to the family of the former Minister of Defense, Guadalupe Larriva, who died in an accident in 2007.
The Chamber of Contentious Administrative Affairs of Cuenca will be in charge of executing, in a matter of days. , the sentence issued on June 24 of this year by the National Court of Justice on the case of the death of the former Minister of Defense, Guadalupe Larriva and her daughter, Claudia Ávila, on January 24, 2007.
In the ruling establishes that there was objective responsibility of the State, through the Armed Forces for the two deaths, and the first sentence that only recognized the objective responsibility for Claudia Ávila was canceled, but not for her mother The sentence also provides financial compensation for family members, which according to the lawyer of the Larriva family, Víctor Granda, could reach $ 500,000.
The final amount will be known after a calculation based on elements such as the life expectancy, the unified basic salary and the salary of Larriva as minister. In addition, the resolution contemplates the apologies to the family and an action of repetition, so that the State receives the indemnifications to the civil servants who sent the crew to the helicopter.
Granda noted that according to the action of repetition, the amount of compensation has to be paid by those who made the mistake of involving the former minister, and these, who must charge them is the State Attorney. “If in the sentence it is proved, by military reports, that the military high command and the leaders of the Army Air Brigade, improvised this whole operation and involve the minister and her daughter, they have to assume this payment because the State does not can take errors of officials, “he said.
In 2007, when the accident occurred, the military high command was made up of officers Gonzalo Meza, as Undersecretary of Defense and Héctor Hugo Camacho, head of the Joint Command of the Armed Forces. Pedro Aníbal Machado was commander of the Army, Jorge Homero Arellano, commander of the Navy and Jorge Gabela, commander of the Air Force.
After the accident, Machado was separated from the position. “I accept my departure from the Army, but not the responsibility of the death of that lady I always respected. A Branch Commander cannot be responsible for all the facts that they make from an officer to the last of the conscripts, “he said at the time.
Ricardo Patiño, who after the death of Larriva was temporarily in charge of the defense portfolio, indicated that he requested the availability of the post to Colonel René Vásquez and to other soldiers such as the aide-de-camp, Iván Moreno and the undersecretary of Defense, Gonzalo Meza.
According to the defense of the Larriva family, the judicial ruling determines that the death of the former minister could be avoided and that the military commanders did not comply with the minimum security protocols.
Granda qualifies as a historical sentence on June 24, but considers it insufficient because only administrative sanctions have been obtained. Consider that criminal responsibilities must be established, but remember that it was the attorney general, Washington Pesántez, who did not give way to this other phase when he dismissed the case.
In statements to newspaper El Mercurio de Cuenca, Priscila Avila Larriva, daughter of the deceased former defense minister, greeted the latest ruling issued by the Court and states that “with this act I believe more in the Justice of Ecuador that for a long time was in cloth of judgement…”. Priscila Ávila and her brother Rodrigo, children of Guadalupe Larriva, said that with this sentence they close 10 years of struggle.
Despite this, the children of Larriva said that the result is not given in the time and speed in which his family would have wanted. It is estimated that in 40 days the sentence will be executed. (I)