Transfer case: National Court co-judges enter deliberations on whether to declare the procedure valid and request a ruling in September | Politics | News

After two days of efforts and nearly two hours of presentations by Acting Attorney General Wilson Toainga, who refuted the flaws of the defense of ineffectiveness presented by the 37 defendants in the Metastasis case, Manuel Cabrera, co-judge of the National Court (CNJ), suspended the trial assessment and preparatory hearings and began to deliberate on the arguments heard.

The decision in Cabrera’s hands is to continue the second stage of the procedure, declaring the procedure valid or defining the existence of a nullity that affects everything carried out in the process and the need to return to a certain previous point where the nullity was established. For two days, the Office of the Public Prosecutor and the Office of the State Attorney General (the body that acts as private prosecutor on behalf of the State in this case) have defended the 37 defendants.

Ronny Aleaga’s lawyers affirmed that their client’s right to defence was violated and asked for a declaration that everything done was null and void

At the end of the first part of the hearing, the representatives of the Office of the Attorney General and the Attorney General intervened to request the abandonment of the arguments raised by the investigators in support of the invalidity of the defects and the declaration of the validity of all the contents. In both cases, the Deputy State Judge was assured that all legal provisions were observed and all the rights of the subjects of the investigated procedures were respected.

Given that most of the defense filed horizontal allegations, Deputy Judge Cabrera lacked jurisdiction in the case because he rendered his decisions in twelve simplified proceedings where the judge’s standard on the merits of the case was advanced, Tuanga clarified that in such extraordinary proceedings, the judge neither advanced the standard nor lost jurisdiction to exercise the powers vested in him by law.

On the other hand, the Deputy Attorney General requested that the arguments put forward by the defendant’s lawyers be abandoned, since no rights had been violated, every established norm regarding due process had been respected, the right to a defence, the right to access documents, …

In this case, the Prosecutor’s Office investigated a “criminal enterprise” led by the murdered drug trafficker Leandro Norero. It consisted of leadership and collaborators whose common goal was to obtain judicial decisions, obtain prison benefits and obtain privileged information from judges, prosecutors, police officers and experts in the cases prosecuted by Norero, some of whom were his relatives and those close to his criminal organization.

The Public Prosecutor’s Office identified four defendants as part of the leadership of the “criminal organization”: Fabián Yilmar CB, alias Yanqui; Christian Giovanni RM, alias Globalpax; Javier Edmundo JM and Javier Alexander NA, alias Novita or Novi. The remaining 33 suspects were identified as collaborators of the organization, including former president of the Judicial Council and former CNJ judge Wilman Terán; former Citizen Revolution councillor Ronny Aleaga; as well as provincial and former judges, police officers, judicial officials, former prosecutors, prison officials, freelance lawyers and two former members of the prison pacification committee.

Alias ​​”Diablo” demands that everything that happened in the transfer case be declared procedurally invalid and that his rights be guaranteed to have been violated

“I reiterate that the procedure is declared valid and the dispute is dismissed because it complies with the principles required by procedural law, such as the principles of specificity, legality, meaningfulness and effectiveness of sufficient explanation. It is necessary to declare the procedure valid and proceed to the next stage of trial preparation hearings,” Tuanga said in the last part of his speech.

If the decision of the co-judges is to declare the proceedings valid, the proceedings will immediately enter the second stage, that is, the trial preparation stage, the core of which is the prosecution opinion of the Public Prosecution Service and the publication of evidence by the institution in preparation for a possible trial by the National Court.

After reviewing the National Court’s agenda, the co-judge called for the resumption of proceedings in the first week of September, where he will announce an oral decision. He did not set a specific date, given the large amount of information that must be analyzed and other procedures that have already been defined, but he made it clear that it would be within the first week of September next year. (I)