2023-07-25 17:55:45
July 25, 2023 – 11:51
Photo: Duty.
La Paz, July 25, 2023 (ANF).- Samuel Durán, lawyer for two defendants in the former Banco Fassil case, rejected the Government’s decision to transfer two cases to La Paz despite the fact that the events occurred in the city of Santa Cruz, the evidence is there and the defendants live in that region; he announced actions to reverse the decision and declare incompetence.
Yesterday, the Minister of Justice, Iván Lima, reported that the Fourth Anti-Corruption Judge of La Paz, Alejandro Gamboa, declared admissible the appeal presented by that office to accumulate in La Paz two judicial processes linked to Fassil that investigate financial crimes and legitimization of illicit profits.
Lawyer Durán indicated that, as the legal representative of the defendants Elmer Saucedo and Hernán Suarez, he will file an annulment motion “for absolute defects” because three due process rights were violated. Likewise, he assured that the Minister of Justice made a “wrong” process and misused resources.
“The Minister of Justice made a mistake in the process, misused the resources, since this will be subject to ordinary and constitutional resources so that justice is done and can be resolved in the city of Santa Cruz, which is where it corresponds, where the events occurred, where the defendants live, where the evidence is found; This is because the principle of territoriality corresponds”, argued the jurist on DTV.
The Fassil case has jurisdiction in the city of Santa Cruz and the person in charge is the titular judge Marianela Salazar. So far there are three lines of investigation: financial crimes, legitimization of illegal profits and the death of former inspector Carlos Colodro. On this last point, the Minister of Justice assured that the case will continue in Santa Cruz.
The lawyer Durán indicated that Lima, when invoking the reason why they want to take the case to the city of La Paz, said that they “received claims” and other aspects that would not be being investigated in the city of Santa Cruz. For the jurist, if this were the case, the Code of Criminal Procedure in no part establishes that this is one of the elements for a case to be referred to another department.
“If this were the case and the Minister of Justice is aware of these irregularities, failing that, he should appear in person (to the court), which is located in Santa Cruz, taking into account that the Ministry of Justice has representation in this department and fulfills its functions in the city of Santa Cruz, not requesting the referral; even so, you could request the referral if there was a valid legal element, ”he noted.
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