The legal situation of the former president of the Republic, Rafael C. and of 19 more people prosecuted for the crime of bribery in the so-called Bribes 2012-2016 case, it is complicated.
On the thirteenth day of the trial hearing that was held yesterday, the State Attorney General Diana Salazar requested the criminal court composed of judges Iván León (rapporteur), Iván Saquicela and Marco Rodríguez, issue a judgment against 20 of the 21 processed.
For Jamil M., he did not issue an accusation because the evidence presented is not enough to distort the principle of innocence and left free for the judges to resolve.
In an exhibition of about three hours, the Prosecutor said that she has complied with proving that in the Bribes case there was a criminal organization that was formed from the high spheres of power to request resources from entrepreneurs, in exchange for securing contracts with the State.
These resources were aimed at financing the political activity of the government of the Citizen Revolution and its political organization Alianza PAIS.
He emphasized that in the upper part of the organization the former president Rafael C. was always located , of whom he said he had full power during the 10 years that he was the president of the Republic. “Everything was organized from above,” he said.
In his closing statement, or last intervention in the trial, Salazar detailed the participation of each of the 21 prosecuted.
The sentence that asks
In the final part of his presentation, for the evidence found and demonstrated, he asked the Court to impose the maximum penalty for the crime of bribery established in the Criminal Code (six years in jail), plus one third (two more years) for former President Rafael C ., as mediated author.
The same penalty, but as direct authors, for the remaining 19: former Vice President Jorge G .; former ministers Vinicio A., María de los Ángeles D. and Walter S .; the former legal secretary of the Presidency, Alexis M .; the presidential ex-secretary Pamela M .; former presidential assistant Laura T .; Assemblywoman Viviana B .; and the ex-legislator Christian V.
Likewise for entrepreneurs Alberto H., Bolívar S., Édgar S., Víctor F., Ramiro G., William Ph. C., Rafael Leonardo C., Teodoro C., Pedro V. and Mateo Ch.
However, in the cases of Pamela M. and Laura T., due to their effective cooperation that allowed clarification of the case, the Prosecutor asked the judges to apply a 90 percent reduction in the penalty, so if accepted They would serve an eight month jail sentence.
While for the businessman Pedro V., Diana Salazar asked for a third of the sentence for having contributed to the clarification of the case with his testimony and evidence that he was required to pay bribes.
$ 1,130 million repair
Although the Prosecutor’s Office defined that the amount for the payment of bribes, in cash and as measured by the invoice crossing, would reach $ 7.6 million, the Prosecutor considered that in the integral reparation for the State not only that figure should be included but the amount of each of the contracts that were delivered within this corruption plot.
Therefore, he proposed that the amount of $ 1,130’420,108.08 be established as integral reparation.
Additionally, he requested that public apologies be offered and the extract of the sentence be published on the portals of the eight institutions to which the defendants belonged.
To guarantee the restitution of resources, he requested that the prohibition of alienation of assets and retention of funds be maintained.
And he announced that files will be initiated to investigate money laundering, illicit enrichment and peculation, which would derive from the investigation of bribes.
The attorney general of the State, Íñigo Salvador, in a one-hour presentation, presented his theory of the case, similar to that of the Prosecutor’s Office and joined the sentence raised by Salazar.
However, he indicated that as a private prosecutor and in defense of the Ecuadorian State, the amount of integral reparation requested by him is three times the bribes received ($ 7.6 million), for which he requested $ 23,025,588.
With tears, Francisco Pesántez, uncle and lawyer of Jamil M., thanked the Prosecutor for freeing his nephew from guilt. “This shows that justice is done in the country,” he said.