Parallel to the political resolution of the National Assembly not to authorize the criminal trial of Vice President Verónica Abad, the judicial process still remains for the others involved, including her son and former collaborator, as denounced.
With this new legal scenario, Judge Daniela Camacho of the National Court will not be able to bind Verónica Abad and the process will advance for her son, Sebastián Barreiro and his assistant, Daniel Lenin Redred. However, the Prosecutor’s Office could start the judicial procedure again in May 2025 or when Abad stops being the Vice President. The order of the Judge Camacho was for the Assembly to rule in the sense of authorizing Abad’s trial.
Ecuador en Vivo spoke with Dr. Ximena Ron Erráez, a legal and constitutional consultant about what happened around the figure of the second president, to understand the legal scenario.
1. LEGALLY, THE CONSTRUCTION ESTABLISHES CAUSES FOR AN EVENTUAL POLITICAL TRIAL OF THE VICE PRESIDENT, FOR THE ABAD CASE WHAT WAS THE CONSTITUTIONAL PROCEDURE
“The Constitution establishes the possibility of impeachment for the vice president, just as it does for the president. Based on 3 clear causes. In these cases, a prior ruling is required from the Constitutional Court, which analyzes whether the facts alleged fit the cause. That is to say, the analysis is not whether or not the vice president committed concussion but rather whether the facts alleged against her could lead to elements presumably existing regarding that crime, just so that the process of political control can begin. With the authorization of the Constitutional Court, the process begins in the oversight commission of the AN for approximately 30 days so that both the accuser and the accused can establish evidence of accusation and defense and can defend themselves. Finally the AN decides whether to censure the vice or not.”
2. THE FIGURE OF THE CONCUSSION WHICH CAUSES MUST BE CONFIGURED WITH THE SO-CALLED GUIDING VERB THAT THE JUDGE MUST INTERPRET TO CALL A TRIAL
The jurist reminds us of the criminal figure that the judge must interpret. Art 281. COIP Concussion.- “Public servants who act by virtue of state power in any of the State institutions, determined in the Constitution of the Republic, their agents or official dependents who, abusing their position or functions, If or through third parties, they order or demand the delivery of rights, fees, contributions, income, interest, salaries or undue gratuities, they will be punished with imprisonment of three to five years.”
3. THE THREE-QUARTERS OF THE ASSEMBLY ARE NECESSARY OR 92 VOTES AND IF THERE DOES NOT EXIST, WHAT IS THE NEXT STEP FOR JUSTICE TO FOLLOW THE CRIMINAL PROCEDURE?
“92 votes are needed to authorize the impeachment trial. If the votes do not exist, there is no authorization because the authorization must be express. This considering the importance of the institution of presidential or vice-presidential immunity. Which does not mean that if it is not authorized there is no possibility of judging ever again. As soon as she stops being vice president, she loses her immunity and can be tried. This crime does not prescribe so it can be tried at any time.”
4. DO YOU BELIEVE THAT THE FIGURE OF THE VICE PRESIDENCY HAS AN INSTITUTIONAL WEAKNESS, IF WE TAKE INTO ACCOUNT THE LAST 3 GOVERNMENTS WHERE THE MISSION DELEGATED BY THE PRESIDENT DEMONSTRATES A VOID OF SPECIFIC FUNCTIONS
“Absolutely. It is an anachronistic figure. Imposing on the president a figure who does not enjoy his confidence is a constitutional error. “We should think about modifying the Constitution and allowing the president to choose whoever will temporarily replace him from among his most trusted ministers.”
In a bad relationship between both leaders that is notorious and evident in public opinion, it is necessary to “keep the constitutional order” in the succession or replacement in the temporary absence if this is the case of the president and the vice president must assume office, even if it is forced. due to the tense relationship, points out Ron Erráez