The former director of the Patrimonial Fund of the Private Companies (Fonper), Fernando Rosa, sent prison for three months by implication in the case of Operation Anti Pulpo, to seek his median freedom an appeal.
The appeal was lodged by Rosa, before the Criminal Court of the Court of Appeal of the National District, in the presence of his team of lawyers José Miguel Minier and integrated by José Geovanny Tejada and Nelson Miguel Peralta Fernández.
Now corresponding to the President of the Penal Court of the Court of Appeal, Julio César Cano Alfau, designate one of the three criminal courtrooms of the Court of Appeal to grant the appeal of appeal in contrast to the decision dictated by the Judge of the Permanent Attenuation of that jurisdiction, José Alejandro Vargas.
In the proceedings before the Court of First Instance, the result of which the appeal shall be appealed, in order to review the means of compliance with the provisions of the Criminal Procedure Code.
Asimismo, apply to the tribunal for the imposition of preventive imprisonment as a means of coercion and order freedom pure and simple of his defense.
Sugieren, in addition, that in its defect a minor memorandum prevailing declaration of inadequacy of the application or interpretation of all or part of the provisions of Articles 227, 229 and 234 of the Criminal Procedure Code, “referring to the award Violators of the principles of proportionality, presumption of ignorance disputed in the Constitution and the block of constitutionality, to convert from the middle of the prevention of preventive imprisonment to an early penal ”.
“We are considering the appeal of Calvary ante the calvary that Fernando Rosa suffered in a unjust manner, without foundations and with failure to motivate the decision imposed on him, in order that the Court of Appeal may subdue the errors of arbitration and abo of power that comedio the magistrate Alejandro Vargas ”, acotó Minier.
Explained that the procedure is based on five point elements between the citation the grave vice of the statute and with it, the violation of the right of defense with which violates Article 69 of the Political Constitution.
It is argued that the repair letter cautelar, which was deposited by Fernando Rosa to contest each of the failures, mentions and subjects presented by the Public Ministry, was not valued and no mention was made of the intent of the instruction.
It should be noted that the seriousness of the sentence consisted in the “insufficient, vague, imprecise and incomplete” motives which did not justify the device and which violated Article 25 of the American Convention on Human Rights and the 24th Code of Criminal Procedure, in addition to considering the precedent of the Constitutional Tribunal as to the debatable motivation of the judicial decisions.
“We call on civil society to pay attention to this case because it is a violation of all civil and political rights, to the fundamental rights enrolled in Sail 18 with the cost of human singing and human life, for which we are retrospective practically to the Edad Media and the inquisition in full sail 21 ”, affirmed Minier.
In turn at home tomorrow fueron sent to prison Juan Alexis Medina Sánchez, hermano de Danilo Medina, Francisco Pagán Rodríguez and Aquiles Alejandro Christopher Sánchez, former Director-General and Director of Taxation, respectively, of the Office of Engineer Supervisors of State Works (OISOE).
Similarly, Julián Esteban Suriel Suazo, José Dolores Santana Carmona and Wacal Vernavel Méndez Pineda.
Asimismo, el juez dispuso domicile arrest against Carmen Magalys Medina Sánchez, hermana de Juan Alexis, and Lorenzo Wilfredo (Freddy) Hidalgo Núñez, Minister of Health, who will complete three months of domicile arrest, with an electronic bracelet and the vigilance of the public ministry.
Respect for the co-defendant Rafael Antonio Germosén Andújar, skeidsregter de la República, also had to complete home arrest, with peace of mind from the country, tras accuse a solicitation of the public ministry in this sentencing.