2024-09-05 09:34:13
The Prosecutor’s Office is investigating the collection of money to favor candidates for judges of the National Court. The process has been going on for five years with problems of formation.
The alert arose in April 2024. An anonymous message arrived at the email account of the Transparency Directorate of the Judicial Council (CJ) with a complaint that targeted a group of officials of the organization.
According to the message, these people were asking for money in exchange for favoring candidates in the competition for judges of the National Court of Justice (CNJ), which is in full swing and should end in October 2024.
The information was handed over to Álvaro Román, who at the time was the president of the CJ. Román, for his part, filed a complaint with the State Attorney General’s Office (FGE), which began a preliminary investigation for alleged bribery.
According to the Comprehensive Organic Criminal Code (COIP), bribery occurs when a public servant requests or receives money to carry out acts related to his or her functions. The penalties range from seven to 12 years in prison.
Three former officials and two officials in the spotlight
On July 25, 2024, the FGE raided properties in Pichincha, Santo Domingo and Azuay. Agents are looking for evidence to build the case for bribery, but the results are still reserved.
What is known is that there are five people under investigation. Three of them have already been dismissed from the Judiciary and two others remain in their positions.
Solanda Goyes, a member of the CJ, explained that the fourth suspect has not been separated, since he has a vulnerable condition that prevents it. While the fifth was kept in his position by decision of Román.
On his X account, Román – who was recently replaced in office by Mario Godoy – congratulated the Prosecutor’s Office for its investigation. He stressed that his management was transparent, but confirmed that not all those involved were dismissed.
Although the identity of the five involved has not yet been revealed, PRIMICIAS learned unofficially that one of them was Head of the School of the Judicial Function, until June 2024.
His signature appears on several official documents of the Judiciary related to the competition. For example, he was the one who reviewed the procedures for selecting the experts and for the development of the contest’s challenge phase.
Competition at risk?
This accusation of alleged corruption casts doubt on the competition to select judges for the CNJ. However, the Judiciary does not believe that it is a reason to suspend or annul the process.
Currently, there are 70 candidates in the running for the National Court of Justice. The written test (to be taken on Saturday, July 27, 2024), the practical test and the citizen challenge and social control phase remain to be taken.
Goyes explains that it would be difficult for the competition to have irregularities, because there were several phases, controls and filters. For example, he mentions that there are 88 experts – from academia and from the private practice of law – who have participated in various stages.
For this reason, the member considers that the competition should continue. However, she recommends that social oversight of the process and transparency be further strengthened, by publishing the complete files of all applicants at each stage.
However, this position of the Judiciary does not guarantee the continuity of the competition. Three candidates for national judges filed a protective action, with which they ask that the confidence tests be left without effect and that they return to the process. In addition, they asked that while this action is resolved, as a precautionary measure, the competition be suspended.
Furthermore, the corruption complaint is not the only threat to the continuation of the competition. Within the CJ, there is also concern about the number of candidates who have advanced to the opposition stage, as this could reduce the level of competition.
Initially, there were 266 lawyers registered, but only 26% were able to pass the merit and confidence tests. There is an average of 35% of applicants who are eliminated in each phase, so there is fear that not enough of them will be selected.
According to the competition rules, there are 10 vacancies for national judges and 15 for associate judges.
Five years of instability in the National Court
The competition for the National Court of Justice seeks to put an end to five years of instability in the highest ordinary justice body. Since 2019, this institution has had problems forming.
dismissed judges
The instability began in October 2019. The Judicial Council of the time evaluated the magistrates of the CNJ and dismissed 16 judges and 10 associate judges. In their place, it appointed temporary associate judges.
Insufficient designation
In 2021, the Judiciary held a competition to appoint the missing 16 judges and 10 associate judges. However, just as now, the candidates were left behind in the phases. In the end, only nine judges and two associate judges could be appointed.
Failed contest
The project for the new competition began in September 2021. While it was progressing, there were three presidents of the Judiciary: María del Carmen Maldonado, Fausto Murillo and Wilman Terán. However, in January 2024 it was declared void due to suspicions of corruption.
New attempt
With Álvaro Román now at the head of the Judicial Council, the new competition for CNJ judges began in March 2024, which must conclude in October. The process is underway, but once again there is a complaint of corruption, a change in the Presidency of the CJ and a constitutional action to suspend it.
Source: PRIMICIAS