THE CASE/Proof of innocence             1 2 3 4 5 6

4 Alternate Associate Judges ratify innocence, correistas extinguish the judgment.

On January 15, 2010, the alternate associate judges of the First Criminal Chamber of the Court of Justice, Walter Mazzini, Edwin Salazar and Mario Rojas, ruled that the Isaias brothers could not be convicted of banking embezzlement (as the previous courts had held), because the charging document accused them of minor financial crimes and it was for those crimes that they were before the Court.

Correa, then, along with his assemblymen and his Prosecutor lashed out against the justices, criticized and intimidated them publicly and demanded their impeachment. Hours later at the hands of a rushed Judicature Council the justices were impeached and replaced with an ad hoc tribunal that declared the exculpatory judgment by Mazzini, Salazar and Rojas in favor of the Isaias brothers as “nonexistent”.
Alternate Associate Judges confirm: no embezzlement

On January 15, 2010, the alternate associate judges of the First Criminal Chamber of the Supreme Court, Walter Mazzini, Edwin Salazar and Mario Rojas, issued a ruling confirming the absence of embezzlement but rather a possible falsification of balance sheets and simultaneously rejected the decision of the former Chief Justice, Armando Bermeo, who called the Isaias brothers to trial in 2003.  

Correismo removes alternate associate justices

That legitimate finding by the alternate associate judges produced a chain reaction among the government Assemblymen, Attorney General, Washington Pesantez, and the President, who, disregarding the principle of independent branches of government, responded with intimidation, attacking and threatening the alternate associate judges, calling for their dismissal and criminal prosecution. Under pressure from correismo, the Judicature Council was forced to impeach Judges Mazzini, Salazar and Rojas, and began investigations as to each of them.

New alternate associate judges are “handpicked"

The replacement appointees were "handpicked" by the Chief Justice of the Supreme Court Jose Vicente Troya.  He appointed alternate associate judges Jaime Santos Basantes, Gustavo Morales Suarez and Gustavo Durango Vela in May later that year. This was in direct contradiction to that established in the Constitution that provides a merit system for selecting judges.

Correistas alternate associate judges should recuse themselves

Based upon their antecedents, the new correista alternate associate judges should have recused themselves.  However, they did not do so. On the contrary they volunteered to reverse the favorable ruling for the Isaias brothers.

Gustavo Morales Suarez, who in 2007, as alternate associate Judge declined to handle the case because he had represented Roberto Isaias Dassum in the past, this time changed his mind and accepted alleging capacity and probity.

Jaime Santos Basantes prior to his election, he was Advisor to the Judicature Council and as such, submitted reports, wrote drafts necessary for the removal of the previous alternate associate judges and recommended the creation of vacancies, one of which he occupied..

Gustavo Durango Vela, at the time of his appointment as alternate associate judge for the Isaias case he was advisor to the Chief Justice. In other words, he advised over his own designation. Subsequently, Durango Vela was awarded the post of head of the Fiscal Review Division of the CNJ.

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Absurdly declare the ruling as “nonexistent”

These correistas alternate associate judges resolved the Isaias case, one of the most voluminous and complex cases in the history of Ecuador, in just 6 days.  They issued an order where they invented the term "nonexistent" as to the judgment issued on January 15, 2010, by the ousted alternate associate judges exculpating the Isaias brothers.


Once the intentions of the correismo were satiated and imposed upon the independence of the judiciary, the investigations against the impeached alternate associate judges Mazzini, Salazar and Rojas were filed away and they were declared innocent of all charges, even though, their ruling remains being ignored.

 

 

VIDEO: Rafael Correa, interfieres in Isaias Case
VIDEO: Rafael Correa
His General Attorney and his Assembymen fire the judges
Ruling January 15 de enero de 2010 from judges Walter Mazzini, Mario Rojas and Edwin Salazar, favorable to Isaias Brothers

Asambly interfieres with the judicial power and rejects ruling by the judges Mazzini, Rojas and Salazar. Official registry

Auto de Conjueces Permanentes del 15 de enero de 2010

Exeptions Court conformed by correist judges declare ruling as "non existent" January 15/ 2013

Press release by Isaias Brothers about a claim of perversion of justice upon the president of the court and correist judges



Bankruptcy of Filanbanco is the consequence of a corrupt government administration.

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All credits were paid to Banco Central. There was no embezzlement.


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Confiscation was illegal, without court ruling and a Mandate that set them into legal helplessness.

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Judges ratify the innocence of Isaias Brothers. Correists turn down the court ruling.

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Ecuadorian justice manipulated and ruled by the executive power.


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Processes with impartial judges, give reason to the Isaias brothers.


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