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

5 New Court alternate associate judges subordinate to Executive Power

The government’s public offer to change justice was not as it had been sold to the people it was simply a “makeup” job. The Executive sought to take over the courts and administer justice with a group of servile judges, and that is what he did.

The report by the International Oversight Committee proved that several candidates applying for positions on the new National Court of Justice were favored by the granting of unjustified scores. Judge Wilson Merino, beneficiary of a gift of 10 points, presided over two key correismo trials, which ruled in favor of Correa and against El Universo and the Isaias brothers. Paul Iniguez, another of the questionable judges, sentenced the latter, in spite of obvious prevarication and should have recused himself.

On May 7, 2011, Rafael Correa convoked a referendum with ten questions, one of which proposed to replace the Judicature Council with three delegates whose election was controlled by the Executive. During the campaign, Correa convinced the electorate to support him making them believe that with this "change in justice" the nation’s insecurity would be resolved. Given the crime wave facing the country, the people voted in favor of the Correa’s proposal.

Three people directly related to the regime and its’ political party was appointed: Paulo Rodriguez, Tania Arias, and Fernando Yavar.  They led the process and created the rules of the bidding contest to elect 21 judges for the new National Court of Justice.


Questionable election of the new National Court of Justice
The process was questionable and had been heavily criticized; finally favoritism for certain candidates was evident.
Wilson Merino, Mariana Yumbay and Ximena Vintimilla
were unjustifiably granted 10, 6 and 4 points respectively. Other candidates such asPaul Iniguez, Lucy Blacio, Johnny Ayluardo and Wilson Andino were also favored with undeserving scores utilizing the "trap" of the final interview, which allowed members of the Board broad discretion, with up to 10 points, to favor certain candidates. The
International Oversight Committee
for this process was chaired by the Spanish Judge Baltazar Garzon, who in his final report confirmed that
unjustifiable points
were allocated to the applicants in question.

The correistas judges reveal themselves through their rulings
Once seated on the bench, the questionable judges revealed themselves through their rulings. Wilson Merino was responsible for two trials that were crucial to the correista agenda: the Isaias case and the case of the newspaper
El Universo.
In the latter, Merino upheld a multi-million dollar sentence handed down by another questionable Judge Juan Paredes ruling in favor of Correa and against El Universo. Merino also sentenced the Isaias brothers to 8 years in prison just days after being appointed to the bench, in a trial that has over 30,000 pages of documents and has lasted more than a decade. Honesty, competence and impartiality of the Ecuadorian courts have been seriously questioned not only locally but internationally as well. The main criticisms revolve around the Executive where it is deemed that he controls the judiciary, abuses power and uses the justice system as a tool for judicial persecution, of which there are several well documented cases.

A political conviction to avoid accountability of confiscated property
On March 13, 2014 Judge
Paul Iniguez convicted the Isaias brothers of embezzlement

i.e. using public funds for something other than that ordered. He did not realize that because of that crime’s minimal judicial gravity it was decriminalized in Ecuador in the 70’s. In his ruling Iniguez acknowledges the illegality of convicting them of banking embezzlement (as did the Ad Hoc Court) or Major Embezzlement (as Merino had done).

The other judges responsible for the conviction were

Ximena Vintimilla y Johnny Ayluardo
,They too were also questioned for having come into office with a surplus of unjustifiable points. The conviction did not come as a surprise to anyone. Obviously, the Isaias brothers could never be found innocent by correista justices because the government would have to respond for more than 1 billion dollars in confiscated assets, many of them already bankrupt or squandered; and return the TV channels TC, Gamavision and CN3, currently used as the basis of state propaganda and vital to the political reelection project of 2017.

Iniguez, the judge for President Correa’s special cases

"You messed up buddy by messing with the judge that handles the President’s special cases,"

That was the expression used by the National Secretary of Policy Management, Betty Tola, referring to Judge Paul Iniguez according to the former mayor of Gualaceo Marco Tapia, who accused the judge of judicially persecuting him.


Iniguez, who was appointed to the office with illegally obtained points, could not hear the Isaias case; much less pass judgment, because he had expressed his opinion as to the culpability of the Isaias in a letter sent to Interpol, months before issuing the sentence against the Isaias brothers. Iniguez has shown through his vain demeanor that to prevaricate, judicially persecute, and violate laws and due process is permissible as long as you enjoy the patronage and protection from the highest levels of power.

Millionaire campaign to create the environment prior to conviction

As usual, the correista regime uses propaganda and media manipulation for its political gain. It is not enough to appeal to the arguments, the evidence, and due process to arrive at the truth, but instead distorts reality and accommodates it to their interests, damaging reputations through massive attacks.


Towards the end of 2013, to create an auspicious environment to convict the Isaias brothers, the government implemented a smear campaign against them at both the local and international level. For this objective, it hired the expensive
PR agency Ketchum
based in New York, the same agency that handles the image of Vladimir Putin in the U.S.
Vladimir Putin in the U.S.

The person spearheading the smear campaign in the US funded with Ecuadorean State monies is the Ecuadorian ambassador Nathalie Cely. . She is a former official from the Jamil Mahuad administration and close ex-collaborator of the banker Roberto Baquerizo from the bankrupted
Banco Unión

.

The Ecuadorean media strategy broadcast on Government stations airs the
media lynching
starring former CNN newscaster, Alberto Padilla, who repeats Ketchum’s orders hoping to create in Ecuador the proper climate for the conviction of the Isaias brothers. Padilla was later discredited by the President during one of his
Saturday morning broadcasts.
The most egregious act of this grotesque episode of injustice was that the day after the final repetitive and memorized discrediting by Padilla, the diligent Judge Paul Iniguez hurled out the conviction. It was obviously not a coincidence.

 

 

VIDEO: Controversia competition. News report about the election of judges in the correist court of justice.


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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