It is the third declassification request made to the Head of State and refers to the rescue operation of former President Rafael Correa, on September 30, 2010.Prosecutor José Maldonado asked the President of the Republic, Lenín Moreno, to declassify (lift) the reservation) of all the information referred to about the operation Rescue, carried out on September 30, 2010, for the release of former head of State Rafael Correa.
In the fiscal impulse issued on December 11, which could be known this Monday,December 17, Maldonado states that the sole purpose of the request is to clarify the death of ex-policeman Froilán Jiménez. The aforementioned prosecutor, who is in charge of the investigation of this case, in his impulse,has the order placed and recalls that he has previously done so for 15 times to three instances of the State, without having a favorable response.
According to the file of this case and chronologically, the request was made to the Ministry of Defense or its owner on 9 occasions: on August 9, 2011; March 28,2012; June 7, 2013; June 26, 2013; October 1, 2014; April 6, 2017; October 12,2018; November 19, 2018 and November 23, 2018.
Four times the request was addressed to the Council of Public and State Security:November 14, 2016; February 3, 2017; November 19, 2018; and November 28, 2018.While the President of the Republic on two occasions: October 15, 2018 and November 23, 2018.
Now is the third time. Prosecutor Maldonado recalled that this case is in the stage offiscal investigation until next January 10, so “the information requested must be submitted before the end of this investigation.”
Extrajudicial execution is no longer investigated
The investigation that began with the alleged crime of extrajudicial execution,since December 10, changed to murder, after Judge Lucía Cevallos accepted there formulation of charges. Article 140, numeral 9, of the Organic Comprehensive Penal Code (COIP) refers to when the death occurs during mass rallies, tumult,popular commotion, sporting event or public calamity.
The penalty of imprisonment registered for a murder in these circumstances is from22 to 26 years. At the moment the defendants in this case are Lieutenant Colonel of the Army Wilson R. and the Army Major Vicente N. For there formulation, the Prosecutor presented as elements the expert reports ballistic of various weapons, the expert report of identity of the military processed, the reconstruction of the facts and versions of journalists.
Maldonado ruled out that this reformulation is to gain time, and said that it is framing things in a legal way so that the participation of people who were initially charged with extrajudicial execution is analyzed in a legal manner.
The prosecutor did not rule out that in this case new links can be made. Edwin Romero, a lawyer for the Jiménez family, said in previous statements that he is not worried about the reformulation of extrajudicial execution towards the crime of murder, because in both crimes the sentences go from 22 to 26 years.
He considered that in the same way, the decision to change the criminal type does not imply that the State ceases to be responsible for what happened. What does worry him is the lack of collaboration of the Ministry of National Defense to send the information requested on the case and warned that if this attitude continues, there could be subsequent criminal responsibilities.
The request of prosecutor Maldonado to reformulate charges was made on December 3,one day before the end of the 90 days of fiscal instruction for the crime of extrajudicial execution. (I)