On January 15, 2010, Walter Mazzini, Edwin Salazar and Mario Rojas three associate judges of the First Criminal Chamber of the National Court of Justice sitting on the Isaias case issued a ruling determining that in this case there was no embezzlement but possibly the falsification of balance sheets, ratifying the finding of Attorney General Mariana Yepez in 2002.  They also dismissed the decision of the former president of the Court, Armando Bermeo, who had called the Isaias brothers to trial in 2003.

This legitimate ruling by the associate judges resulted in a chain reaction by pro-government assembly members, President Correa and the Attorney General Washington Pesantez who in violation of the principle of the separation of state powers attacked the justices with threats of lawsuits and removal from the bench. Under such pressure, the Judicature Council was forced to remove judges Walter Mazzini, Edwin Salazar and Mario Rojas and began investigations on all of them.

In addition to the predetermined purpose of convicting the Isaias brothers, they illegally appointed alternate ad hoc justices to replace the aforementioned judges, and strangely declared the ruling to be nonexistent, a term not contemplated by law.

Once Correismo got its hands on the independent judicial system the investigations against Mazzini, Salazar and Rojas were filed away, they were declared innocent of all charges and given their posts back, despite the fact that their ruling continues on the books as “nonexistent.”  

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