[ad_1]
At its 950th meeting next Monday, August 5, at 2:30 pm, the plenary of the National Congress will hear the request of the Special Criminal Chamber of the National Court, which calls for the granting of immunity to the Tungurahua deputy representing the Construye Movement, Ana Galarza Añazco, Authorizes his trial for libel.
Article 11 of the Organic Law on the Legislative Function provides that criminal proceedings against legislators must be approved in advance by the plenary session of Parliament.
The trial stems from a complaint filed by controversial Electoral Court (TCE) judge Ángel Torres Maldonado, who accused the legislator of defamation under Article 182 of the Comprehensive Organic Penal Code (COIP), falsely accusing him and demanding the corresponding penalty and compensation of US$1 million in damages.
Torres described in the case that, as an electoral judge, he heard a complaint filed by the president of the National Electoral Council, Diana Atamaint, against the Construye movement (List 25), a member of Galarza.
He adopted a ruling, in accordance with the provisions of the law, determining that the movement’s legal representative, Iván González, had committed violations related to the financing of political and electoral expenses and imposed a fine of $35 in the amount of the uniform basic wage and the political organization was sanctioned by the cancellation of its registration as a political organization.
According to the brief filed by Judge Torres, following this decision, Legislator Ana Galarza worked to discredit him and tarnish his honor in order to affect his good name, and their personal and professional development, violating their dignity in digital media, actions that were replicated on various social networks and earned malicious comments..
The plaintiff insists that on April 24, 2024, the defendant held a press conference outside Congress, which was recorded and broadcast by the media. In it he states verbatim: “The ADN appointed a son-in-law as provincial director of the ADN, who is the son-in-law of Judge Angel Torres. All the daughters work at the CNE, holding public positions. At this time, Judge Angel Torres benefits greatly, thanks to the government of President Daniel Noboa and the influence gained in exchange for the elimination of the Construye list, the only list that indicates an agreement between the government and Correismo. “In his statement, the legislator said that “even the United States, knowing the judge’s arbitrary rulings and illegal enrichment, cancelled his visa.”
According to the complaint, Galarza’s statements show a clear intent to defam; the defendants’ accusation that he traded influence for a ruling and detailed that his opposition to the construction movement’s resolution as an electoral judge was in exchange for a position in favor of his relatives “is a fallacy that indicates defamation,” according to the plaintiff.
Judge Angel Torres noted in his brief that freedom of speech does not give lawmakers the right to accuse someone of a crime. In this case, there was an intent to defam.
Although Article 128 of the Constitution provides that deputies enjoy the jurisdiction of the National Courts during the performance of their duties and that they cannot be held civilly or criminally liable for the opinions or decisions or actions they express, it must be taken into account that “the defamatory statements made against her by Congressman Ana Galarza Añazco were not part of legislative or supervisory activities, nor were they made in the exercise of her powers”. As a member of Parliament, they responded to his interest in his personal capacity as an activist of the “Build, list 25” movement.
In the complaint, the plaintiff requested that the defendant be awarded damages in the amount of US$ 1 million; in addition, it requested the imposition of the penalties provided for in article 182 of the COIP; namely, a prison sentence of between six months and two years, a guarantee not to defame again, and a public apology. (I)
[ad_2]
Source link
