The fiscal instruction for illicit association and plagiarism of the political activist Fernando Balda comes to an end. The reception of versions and diligences will conclude tomorrow. Balda and his lawyers believe that during the fiscal investigation the crime has been evidenced.
- On August 13, 2012 during the night Fernando Balda suffered a kidnapping in Bogotá, Colombia. The intervention of taxi drivers who alerted the authorities of that country prevented the activist from being taken to Ipiales and handed over to the police authorities of Ecuador. Initially he believed that it was the ‘millionaire ride’, a type of kidnapping practiced in that country. Balda went to Colombia to evade a prison order that had been issued against him for alleged insults.
- The Office of the Prosecutor opened a file to investigate the crime of conspiracy and plagiarism. The Comprehensive Organic Penal Code (COIP) establishes up to five years of punishment for the illicit association and up to seven years in prison for the kidnapping. The investigation began last March with the arrest of three intelligence ex agents.
- Initially, there were three intelligence ex agents involved in the kidnapping of Balda in Colombia. Raúl Chicaiza, Diana Falcón and Jorge Espinoza were arrested. The first two took effective cooperation and pointed to those who supposedly gave them the provisions to locate the activist and bring him back to the country. Later, Pablo Romero, ex-secretary of the Senain, and Fausto Tamayo, former director of Intelligence of the Police, were linked. The last suspect in the case was the former president Rafael Correa, who at the moment has a prison order against him with a request for red broadcast to Interpol.
- Versions, anticipated testimonies, declassified information, cooperation and international assistance are, among others, the elements compiled by the Office of the Prosecutor. Among them is the anticipated testimony of Chicaiza, who assured that Romero was aware of the entire operation, who in turn informed former president Rafael Correa. The former president has denied any connection. For him what happened with Balda could have been ‘police excess’.
- One of the testimonies that allowed linking Rafael Correa was that of Rommy Vallejo, his former deputy and former secretary of the Senain. He said that Correa was the one who asked to locate Balda in Colombia. Correa analyzes asking for asylum in Belgium. At the last appearance ordered by the Office of the Prosecutor it was no longer presented. His lawyer said there were no guarantees.
- The following is the request to the judge of the National Court, Daniella Camacho, for a date for the preparatory hearing for the trial or support of the opinion. The prosecutor’s resolution can be accusatory or mixed. If the opinion is mixed, some defendants will receive accusations and others will be left out of the case.
Fernando Balda was expelled from Colombia in October 2012. Ecuador informed that country that Balda had a conviction.
Fernando Balda was tried and convicted for serious non-slanderous libel filed by Óscar Herrera.
In an interview, Balda had accused Herrera of ‘having a mafia’ in the Technical Advisory Unit.
Fernando Balda was accused of selling equipment to make electronic espionage. According to the ex-agent Raúl Chicaiza, Balda was able to enter emails from officials.
The ex-agent Raúl Chicaiza said that he contacted Balda pretending to be an entrepreneur. He said the activist requested several advances of money for the provision of equipment.
The ex-agent Raúl Chicaiza asked the Prosecutor’s Office to benefit from the victim and witness protection program. The former prisoner in jail 4 said he has received threats. (I)