2024-04-09 21:58:50
The abuse of the right through the granting of constitutional actions to persons deprived of liberty (PPL), would have led to the commission of the crime of organized crime that – it is presumed – has been committed (at least) since 2022.
For this criminal conduct, the provincial prosecutor of Pichincha, Hernán Flores Pesántez, filed charges against fourteen detainees, before a judge with the jurisdiction of the Provincial Court of the Specialized Unit for the Judgment of Corruption and Organized Crime Crimes.
The Prosecutor’s Office presented its theory of the case, in which it determined and individualized the alleged participation of the suspects.
The defendants, Hugo Alexander LO and Lenin Javier VV (freely practicing lawyers), along with other colleagues, would have recruited people deprived of liberty sentenced or in preventive detention for crimes of murder, drug trafficking, among others, to offer them to recover their freedom through constitutional – illegitimate – actions that were processed in cantons where his clients (PPL) were not detained.
These favors – said the Prosecutor – were offered in exchange for money which, in turn, was offered to judges and judicial secretaries, in order to obtain direct draws in said constitutional actions and whose resolutions would have led to the freedom of the defendants.
He added that to establish links with the relatives of people deprived of liberty, they used Omar Israel JB, José Alfredo MB and José Daniel TC
They, in their capacity as officials of the National Service for Comprehensive Attention to Adults Deprived of Liberty and Adolescent Offenders (SNAI), established contacts with relatives of the accused to set the amounts they had to pay, in exchange for releasing them through tricks and abuse. of the right.
In his theory of the case, provincial prosecutor Hernan Flores Pesantez specified that in this corruption plot the citizens Franklin Edmundo TP (judge), Maria Jose LC (judge secretary), Angel Harry LV (ex-judge), Byron Michael OG ( ex-judge), Gary Fabricio PC (clerk of judge), Joffre RR (judge) and Simon Oswaldo GT (ex-judge).
Likewise, in the tax investigation it was also determined that the police officers Hugo Marcelo AH and Marco Patricio CC had collaborated with this criminal organization, providing confidential information from the National Police system, which allowed them to know if the PPL beneficiary of the illegitimate constitutional action had current arrest warrant or prohibition of leaving the country.
In this way, they alerted the organization about these particulars, in case the rulings with alleged irregularities were revoked.
That is to say, the Prosecutor added, the main crimes of this alleged organized crime were influence peddling, concussion, malfeasance, illicit enrichment and money laundering.
Precautionary measures
Based on the elements of conviction, which were individualized for each defendant, the Provincial Prosecutor of Pichincha requested preventive detention for Hugo Alexander LO and Lenin Javier V. (organizers), Franklin T., Ángel L., Byron O., Simón G., Gary P., Joffre R., Omar J., José M., José T., Hugo A., Marco C. (collaborators).
Regarding María José LC (collaborator), the Prosecutor’s Office requested alternative measures to preventive detention, due to her state of pregnancy. The Judge ordered a ban on leaving the country and periodic presentations three times a week.
Legal information
The Prosecutor’s Office filed charges for the crime of organized crime, typified in article 369 of the Comprehensive Organic Criminal Code (COIP), in force until before the March 2023 reform, since the events would have been committed before that date.