The report was devastating, but neither Gustavo Jalkh nor any of his colleagues from the Judicial Council were there to listen to him. Julio César Trujillo, who knows where his authority comes from, who at each session of the Transitional Participation Council goes out on the balcony to greet the masses who cheer him up, chose a theater to give his coup de grace to the cornerstone of the correísta institutionality. Between the support of the crowd and the celebration of the tribunes, the Council of the Judicature was deposed in full, its actions were unknown as illegitimate and a tangled path of claims and amendments was opened in the Ecuadorian legal field.
Bars, slogans, banners in the purest tradition of left-wing assembly. Flags of the UNE, the FEUE and the Socialist Party, posters of the Bar Association and the National Front for Judicial Dignity. Insignes figures of academia and politics sitting in the front rows. Full to rage.
The session consisted basically of the reading of the report (which took five hours to the hard-working secretary) and that dismantled point by point, with legal rigor, all the arguments that Jalkh exposed the day of his appearance. Starting with their own competences to do it. That the more than 800 anonymous denunciations received by Participación lack the necessary legal formality to sustain themselves as evidence, Jalkh had argued. That such complaints are recommended in these cases by international law to encourage participation and protect whistleblowers, he corrected.
The CPCCS delegitimized the Council of the Judiciary from its own origin, vitiated by the bias of its nominators, by the conflict of obvious interests of four of its members, by the professional ineptitude of some of them …
“This body has been characterized for acting outside the law,” says the report in one of its less incendiary conclusive sentences. Not only speaks of conflict of interests and rigged contests (which were always in the public domain) but even more gross crimes. Traffic of influences in the nomination of notaries, where some appetizing position touched him in fortune nothing less than to a premium of the president of the Republic, among another twenty of cases. Hacking detected in the computer system of the judges, in order to modify their sentences from the account of other users. Concealment of irregularities known to Board members. Using computer mechanisms to hide public information that was not intended to be disclosed … What Jalkh and his colleagues do, rather than a curriculum, seems like a file.
Each new blunt statement of the report was greeted with shouts and applause by the public, which had an unusual and proper evolution. Hundreds of students who arrived at first disappeared at noon, taking their UNE flags. Then their posts were again occupied by lawyers and court clerks who demanded jail for Jalkh and shouted at him about everything.
The coup de grace was given by the Commission in the chapter on inexcusable error, the favorite argument of Jalkh to stop judges who did not adapt to his policies. If he cited an endless list of judicial horrors that deserved that punishment, Participation reminded him of a no less large list of no less horrific failures that deserved none. And not only that the application of this measure was selective but illegal. The Judicial Council, concluded the report, can only apply sanctions, not resolve them. That is up to the judges.
Vocals reject qualifiers of the resolution
Participation dismantles the correísmo
In the Judicial Council there was a public statement rejecting “the qualifications made unfounded in the resolution” of the Plenary Council.
The members considered that the statements made in more than five hours of resolution reading are lacking technical, legal or factual basis to claim to support the opinions that they described as “biased”.
For them, a new violation to the due process has been evidenced, for what they assure is the inclusion in subjects that were not notified to exercise their right to defense.
On Thursday, Gustavo Jalkh and his companions abandoned the hearing in which they should exercise their right to defense.
In the communiqué they questioned the use of other evaluation parameters not indicated in the authority evaluation mandate.
The Judiciary will make an official pronouncement today at 11:00. The vocals will challenge the resolution. (I)