Ecuadorian President Rafael Correa must appear tomorrow before the National Court of Justice, in Quito, as a precautionary measure for his involvement in the kidnapping case of an opponent, otherwise, he will become a fugitive from justice.
After his prosecution on June 18 in the so-called “Balda Case”, for attempted abduction or attempted kidnapping – as the former deputy has argued – the judge who instructed the case in the Criminal Chamber of the Court, Daniella Camacho, He denied the appeal filed by Correa’s lawyer on Monday, ratifying the precautionary measure.
The former president, who has resided in Belgium for a year and where his wife is natural, must appear every fortnight before the judicial headquarters of the Ecuadorian capital, the first appearance being on Monday, July 2.
In the event that it ignores the judge’s disposition, the Prosecutor’s Office could request that its preventive detention be ordered, however, legal analysts maintain that in this situation, “it is immediately necessary to revoke it, without having to the Prosecutor’s Office will request “.
“By not appearing before the judge who takes the case, automatically the measure is revoked and gives way to preventive detention,” analyzed for Efe the professor of law Ivonne Núñez, former magistrate of the Provincial Court of Guayas and former judge of Criminal Guarantees.
He affirms that the precautionary measure ordered against Correa by Judge Camacho complied with the law and had the purpose of preventing preventive detention, and that “by making an interpretation of the law, he ordered that he appear every two weeks in the country.”
In an interview with a Spanish media this week Correa questioned the opinion and assured that the instructor exceeded her capabilities and went beyond the request of the Prosecutor’s Office, which requested her periodic appearance before the authority that the judge had, without specifying a place , nor term.
Núñez predicts that in case of default, Camacho can order preventive detention against the defendant, who would be considered a fugitive from justice.
The one who was president of Ecuador for a decade (2007-2017), said that he studies with his lawyers the possibility of not presenting himself at the judicial hearing and he adduced family reasons in the same interview with the Spanish media.
“I have some family issues: my daughter suffered a serious traffic accident,” he revealed.
The assembly members of the flock, Citizen Revolution, supporters of Correa, asked him not to appear before the court, as they justified in fear that their security will be undermined.
“This request is made to safeguard the integral security, including the physical security of Rafael Correa,” said Gabriela Rivadeneira, assembly member and member of the movement.
The ex-ambassador Fernando Balda, well-known critic of Correa, denounced six years ago to have been kidnapped, but it has not been until the beginning of this year when the Office of the Prosecutor initiated a reserved investigation and requested the first versions.
So far there are three additional defendants in the case, among whom there is an ex-charge of the Police and another ex-Responsible Intelligence, who have offered testimonies in the investigative phase of the case.
“The Prosecutor’s Office precautionary the process received the anticipated testimonies, which are aired in the trial stage, but at this time that phase was advanced and consequently do not talk about evidence elements without evidence, according to the criminal law,” explains the expert in jurisprudence .
He argues that they have become enough evidence to call Correa to trial, to which 13 indicia would be added that would evidence his participation in the kidnapping, an end that the link denies outright.
Correa faces the crimes of illicit association, figure that according to the Ecuadorian code, requires a chief or intellectual author, as well as plagiarism, punished with imprisonment.
If he decides to become a fugitive, Ecuadorian justice will issue an international arrest warrant through Interpol, but as Correa has already suggested, he still has the recourse to request habeas corpus and political asylum in the country where he will be apprehended. .
But if he is judged for his participation in the kidnapping for political purposes, as Balda’s defense argues, he could not apply for asylum in Belgium, since it is an indefeasible crime against humanity. (I)