• THE CASE/ Setting up the trial

 

 

 

 

All fair trials must be based on proven accusations, rely on judicial impartiality, carried out within a reasonable time and independent from Government interference.

None of these elemental requirements have ever been recognized nor will they ever be in the case against the Isaias brothers.
Proven Accusations
In the Isaias case the rights of the accused and due process have been violated repeatedly. Article 11 of the Universal Declaration of Human Rights, states that

"Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense”.

In the case of the Isaias brothers, there is ample evidence and facts that prove their innocence. The Prosecution, however, has been unable to present one piece of culpable evidence showing that Roberto or William Isaias Dassum misused the funds of Filanbanco and/or the Central Bank for their own benefit or for the benefit of third parties.

In the case of the Isaias brothers, there is ample evidence and facts that prove their innocence. The Prosecution, however, has been unable to present one piece of culpable evidence showing that Roberto or William Isaias Dassum misused the funds of Filanbanco and/or the Central Bank for their own benefit or for the benefit of third parties.
Reasonable time
The excessive delay in bringing a case to trial or completing the court proceedings is characterized as a violation of Human Rights. Justice delayed is justice denied.
The excessive delay in bringing a case to trial or completing the court proceedings is characterized as a violation of Human Rights. Justice delayed is justice denied.

Political calculations have outweighed the evidence and the Isaias brothers have been political hostages for 15 years. This case has been before 57 judges, has outlasted five presidential administrations and four Chief Justices of the Judiciary.
Independence from political power
Article 10 of the Universal Declaration of Human Rights states that,

"Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and the examination of any charge against him in criminal matters."

The case of the Isaias brothers has been constantly subject to political intervention. Laws have been enacted specifically targeting them and applied retroactively. Assets have been confiscated in the absence of a judicial sentence and a legislative mandate has left them defenseless all of these violations are politically motivated and blatantly obvious. Link Charlie’s book Chapter 3

Little importance has been given to seek justice or to prove accusations, since the order to harm and convict the Accused, comes from the highest levels of political power. When the Court of the now defunct Supreme Court of Justice declared that the Isaias brothers could not be tried for embezzlement adhering to Mariana Yepez’s Prosecutorial Ruling, President Correa and many of his assemblymen publicly stated their discontent with the ruling and asked that the justices be impeached and sanctioned. This was clearly a blatant violation of the independence of the judicial function.
Impartiality of judges
Article 8 of the Universal Declaration of Human Rights, states that:

"Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law”.

In the case of the Isaias brothers that has never been fulfilled. The final report of the International Oversight Committee for the election of the new National Court of Justice, confirmed that Wilson Merino, Mariana Yumbay, Ximena Vintimilla, Lucy Blacio, Johnny Ayluardo and Paul Iniguez, among other candidates, were favored illegally, by up to 10 points, for the judicial appointment. Paul Iniguez and Wilson Merino ruled in favor of Rafael Correa in the case of El Universo awarding him $40 million USD in damages and immediately thereafter, sentenced the Isaias brothers to 8 years in prison.

Similarly, on March 12, 2014, Paul Iniguez, Ximena Vintimilla and Johnny Ayluardo threw out the appeal filed by the Isaias brothers during the appellate stage and convicted them. They changed Merino’s ruling from banking embezzlement to misappropriation of funds. Coincidentally, sitting on the Criminal Chamber where the case is to be heard for appeal is Jorge Maximiliano Blum, who along with Iniguez made up the court that upheld the conviction against the newspaper El Universo.

Blum also committed prevarication in the sentence of the Isaias brothers, when along with Merino and Iniguez participated in a press conference announcing the sentence. Lucy Blacio, another judge favored by the bidding process was also a member of the appellate court and called to trial the military and police officers that fought off terrorism during the 80’s. Blacio had also ruled in Correa’s favor during the second trial against the Assemblyman Clever Jimenez, a main critic of the regime’s corruption. The ICHR granted Jimenez cautionary measures and asked that the sentence be reviewed.

Marco Tapia, former Mayor persecuted by Judge Paul Iniguez, confirmed that an important correismo leader had assured him that Rafael Correa had judges that handled special cases. Specifically, these were the judges that were favored by the illegal gift of points during the bidding process of the new National Court of Justice. These are the same judges that rule in favor of the regime or of the citizen Rafael Correa Delgado and against their detractors, opposition or simply against those whose innocence is not convenient for the President’s political goals or that of his party.
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