Because Glas was in the Mexican Embassy and Bernal was in the United States, Judge Luis Rivera ordered that Interpol be notified of their location.
Hearing to formulate charges for the Manabí Reconstruction case against Jorge Glas and two more people, on January 5, 2024.
In the fourth attempt, Judge Luis Rivera of the National Court of Justice (CNJ) set up the hearing to formulate charges for the alleged crime of embezzlement, in the so-called Manabí Reconstruction case, against former vice president Jorge Glas.
In addition to Glas, in this case Carlos Bernal, former Secretary of Reconstruction, and Pablo Ortiz, former manager of Ecuador Estratégico, will be prosecuted.
The hearing was convened for 08:30 on January 5, 2024. But, once again, Glas’s defense tried to defer the criminal prosecution for the reconstruction of Manabí. On this occasion, his lawyers presented three requests .
- Revoke the call for the hearing to formulate charges , since the Assembly has not approved the criminal prosecution of Glas for this case.
- Request that the Prosecutor’s Office notify Glas 45 days in advance , based on a cooperation agreement between Ecuador and Mexico.
- Recusal against Judge Luis Rivera , since they do not consider him an impartial judge in this case due to a “manifest enmity.”
After hearing the allegations of both the prosecutor Diana Salazar, the Attorney General’s Office and Glas’s lawyer, Judge Rivera deliberated for several minutes and announced his resolution .
- Regarding the request for recall, the Magistrate clarified that the Assembly did not deny the criminal prosecution of the former vice president, but rather did not speak out because it did not reach the necessary votes. Therefore, it is legally appropriate to continue with the formulation of charges against the three investigated in this case.
- Regarding the criminal cooperation agreement between Ecuador and Mexico, Rivera explained that this document is not aimed at establishing the way in which an investigated person is notified. Therefore, he determined that Glas was legally notified.
- Finally, regarding the challenge presented by Glas against him, Judge Luis Rivera said that, until this moment, he has not been notified with that lawsuit, so his jurisdiction in this process remains in force.
For this reason, at 09:59 on January 5, the Magistrate set up the hearing to formulate charges.
The Prosecutor’s theory
During the charging hearing, prosecutor Diana Salazar presented her theory of the case and a summary of the 84 elements of conviction that support the process.
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A Committee and a Secretariat abused public money
To present her theory of the case, prosecutor Salazar recalled that on April 16, 2016, an earthquake occurred that left serious consequences on the Ecuadorian coast, specifically, in the provinces of Manabí and Esmeraldas.
However, the official assured that – instead of the State carrying out necessary works to reconstruct and reactivate those provinces – works were prioritized to favor the personal interests of those accused in the case, abusing public resources.
How did the abuse start? Salazar said that it all began on April 26, 2016, when the Committee for Productive Reconstruction and Reactivation was created, with the purpose of carrying out the construction and reconstruction of infrastructure to mitigate the effects of the earthquake.
This instance was chaired by Glas and was coordinated by the Secretariat of Reconstruction, which was led by Bernal. While Ecuador Estratégico, managed by Ortiz, was in charge of presenting the project prioritization proposals.
Furthermore, the Prosecutor’s Office recalled that on May 20, 2016, at the initiative of Rafael Correa’s government, the National Assembly approved the Solidarity Law, by which a part of the population collaborated for the reconstruction of Manabí. According to Salazar, more than USD 1.6 billion was raised.
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A corrupt prioritization
According to Salazar, the Committee chaired by Glas prioritized works that had to do with roads, inclusion, water, electricity, education, housing, among other sectors.
This prioritization was made in accordance with a proposal presented by Bernal’s Secretariat, “which did not comply with the justification required by the emergency.”
On May 22, 2017, Salazar said, it was decided to ratify the prioritization of 584 projects in Manabí and Esmeraldas. The ratification was made based on a presentation by Ortiz, as manager of Ecuador Estratégico, which was the administrative project office.
In this prioritization, according to the Prosecutor, other sectors that were not known in previous sessions and without the authorization of the other members of the Committee were included.
“They included those who were and those who were not, abusing this circumstance to prioritize those who were of their personal interest. It was a means to circumvent public procurement procedures”, Salazar said at the hearing.
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A helicopter and a plane were fixed
The investigation of the Reconstruction case is focused on 30 projects that were executed with money from the Solidarity Law, for an amount greater than USD 360 million, and that were carried out by six entities:
- Strategic Ecuador
- Real estate
- Ministry of Defence
- Ministry of Housing
- Ministry of Public Works
- Works Contracting Service (Secob)
Among the works prioritized and financed with emergency money was the construction of the Mataje Y and the Bridge over the Mataje River, in Esmeraldas and on the border with Colombia. According to Salazar, this work was planned before the earthquake, but resources were used to complete it.
Also, during her intervention, the Attorney General mentioned other works that were planned before the earthquake and that were carried out with the money from the Solidarity Law, such as the access section to the port of Manta, the Imperio-Colisa roundabout, Las Parque Vegas and the Citizen Assistance Centers of Esmeraldas and Portoviejo. In total, these works cost USD 136.7 million.
In addition, Salazar emphasized the alleged illegality in the payment for the repair of the MI-171 helicopter and a spare parts kit for the Casa CN-235-300 aircraft. Both aircraft belong to the Army. The repairs cost USD 2.6 million, without justifying their relationship with the reconstruction and reactivation of Manabí and Esmeraldas.
“There was a distribution, a feast, an abuse of public money for the benefit of natural and judicial third parties who were contractors and supervisors of the works,” said the Prosecutor.
The official even said that there were contracts directed in favor of the company Concrenor, directly related to Bernal’s family. For the access projects to Bahía de Caráquez and the Bridge over the Jama River, this entity would have charged USD 5.9 million.
Prosecutor’s Office requests prison for Glas and Bernal
After presenting her theory of the case and the 85 elements of conviction for two hours, prosecutor Diana Salazar requested precautionary measures for the defendants, while the prosecutor’s investigation lasts, which will be until the beginning of April 2024.
The official said that prison is necessary to guarantee that Glas and Bernal serve a possible sentence, which “cannot be served in absentia, in an embassy or in the United States”.
He added that there may be procedural risks such as coercion of experts, witnesses or experts. Also create scenarios of procedural fraud or delay the normal progress of the case.
For Salazar, other measures such as periodic presentations and the use of electronic shackles are insufficient for Glas and Bernal, because they do not constitute a guarantee that the defendants will appear for an eventual trial, serve a sentence or pay compensation.
Furthermore, the Prosecutor explained that these two defendants have shown signs that they could create a scenario for impunity. In the case of Glas, Salazar said, he is a “repeat citizen in conflict with the law”. Since, the former vice president has been sentenced twice before for corruption. He requested the location and capture of him.
“When he learned that the Prosecutor’s Office was going to carry out investigative activities, what he did was request to be admitted as a guest in an embassy. In order to evade the action of justice,” said the prosecutor.
Regarding Bernal, the researcher stated that it is known that he lives in Miami, United States. Therefore, any other alternative measure to preventive detention cannot be controlled by the Ecuadorian justice system. For this reason, Salazar requested that the former official be located by Interpol and brought to Ecuador.
Finally, regarding Ortiz, the Prosecutor’s Office said that he has been collaborating with the investigation. And he has remained in Ecuador, which is why he requested that alternative measures be issued such as the prohibition of leaving the country and periodic presentations in the National Court.
Once Salazar’s intervention was concluded, Jorge Glas’s lawyers, Carlos Bernal and Pablo Ortiz, intervened. The defenders presented the roots and other justifications to oppose the request for precautionary measures from the Public Ministry.
Rivera’s decision
After nearly two hours of deliberation, Judge Luis Rivera announced his resolution regarding the precautionary measures for this case.
This is the decision:
- Jorge Glas: Preventive detention, for which he requests his location from Interpol.
- Carlos Bernal: Preventive detention, for which he requests his location from Interpol.
- Pablo Ortiz: Presentation before the National Court once a week and prohibition from leaving the country.
The withholding of values from the accounts of the defendants in Ecuador was also ordered , with the exception of amounts that have to do with salaries or pensions. In addition, the defendants will not be able to transfer or dispose of the vehicles that they have in their name. As well as goods throughout the country.
