Editorial: The prosecutor’s office has a lot to explain

Attorney General Carlo Dias noted that there is a flight risk and that an arrest warrant may be needed when a preliminary hearing or final trial arrives. If one considers the gravity of the incident and the large amount of resources seized from the organization in 40 raids carried out on May 25, 2021, most notably £1.5 billion in cash, then there is a good basis for such concerns.

According to the documents, the defendants directly negotiated shipments of cocaine to Europe and purchased vehicles, houses, apartments and motels through this business. invest In recent years, it has been estimated at at least $20 million, including a construction company and rice crops.

The importance of this case lies in the capital, both in terms of the assets involved and in the integration of a local organization capable of carrying out direct purchase and sale operations. Although the Judicial Investigation Organization (OIJ) has long warned of the development of local drug cartels, the ability to carry out a transnational operation of this nature represents a level of sophistication rarely seen in the country.

At the time of the arrests, Walter Espinoza, then director of the Office of the Ombudsman, likened the alleged operation to a complex company equipped with a legal department, a financial structure to legalize the capital, companies responsible for logistical tasks and companies specialized in obtaining information from officials and turning them into allies.

The sudden release of the accused is particularly concerning given the scale of the proceedings and the amount of detail provided by the judicial police. Need explanation, Especially in a climate where the work of judges and prosecutors is constantly questioned. The court rejected the request for an extension by prosecutor Stephanie Tenorio Barrios because, three years after the implementation of the preventive measure, the Public Ministry has not yet filed charges.

Judges have an obligation to ensure the rights of the accused and other aspects of the proceedings, and in this case they fulfilled their duty. People are still puzzled by the delay of the Public Affairs Department, which was not resolved by the condemnation of the Attorney General, who blamed the court “Infidelity” Because he ignored notifications from his subordinates that the 772-page charge sheet was ready and in the hands of prosecutors, even though the court had never required it to be included in the dossier.

The court does not have this obligation and must resolve it by looking at the file, since the 772 pages cited do not appear in it. The charges were filed by the public sector, which, inexplicably, it would not have done if the charges were complete and in the hands of the prosecutor, who reminded the judge of this situation during the hearing held to analyze the precautionary measures. Nevertheless, according to the resolution, the charging document “was not formally incorporated into the file” and “the Chamber did not take this into account” when deciding.

The Public Ministry did not reveal when the charges were prepared and signed. With this information we can know how long it remained in the hands of the prosecutor without being added to the file, despite the fact that the precautionary measure was about to expire. Despite the short period between the signing of the document and the court’s resolution, the reasons that prevented the document from being completed within the necessary time frame to ensure that it was reviewed at that time, three years after the arrest, always existed, and in case of doubt, a decision was made to extend the precautionary measure. The prosecutor’s office has a lot to explain.