The U.N. Human Rights Committee Orders Full Reparation in Favor of the Isaías Brothers
Defense counsel for the Isaías brothers clarified the opinion by the U.N. Human Rights Committee and rebutted the assertions by Ecuadorian Foreign Minister Guillaume Long who failed to mention the reparations the State must undertake in connection with Mandate 13 for having violated their right to a defense. The Committee’s opinion acknowledges that Mandate 13 and the ensuing confiscations are null.
On June 6, 2016, the U.N. Human Rights Committee headquartered in Geneva issued its opinion on the communication reporting human rights violations the brothers William and Roberto Isaías had imputed to the Ecuadorian State.

Defense counsel for the Isaías brothers underscored that the Committee found in their favor and has ordered the State to publish and disseminate the opinion, and to indicate within 180 days what actions it will take to make reparation. On the other hand, defense counsel questioned the statements by Foreign Minister Guillaume Long, which they deemed hasty, political in nature, and mischaracterized to favor the State.

In view of this official distortion and out of the respect due public opinion, defense counsel for the Isaías brothers feel themselves duty bound to highlight some key points of the Committee’s ruling:

- MANDATE 13. THE STATE MUST RETURN CONFISCATED PROPERTY.

The régime, represented by Long, fails to mention the Committee’s decision with respect to Mandate 13. The ruling is clear: it provides that the status of the Isaías brothers’ assets be returned to what it was on July 7, 2008, one day before the confiscation of property worth in excess of one billion dollars, an illegal act carried out by AGD on July 8 of that year. Mandate 13 and the subsequent expropriation resolutions are recognized as being null. The régime omits this vital resolution because it has to answer for the properties it illegally appropriated and for which it has rendered no accounting. The only report filed by AGD and UGEDEP, managed at that time by Pedro Delgado, barely justified the payment of an amount slightly in excess of five million dollars.
(see: http://casoisaias.com/PDF/PedroDelgado-Rendicion.pdf).

As regards the violation of the rights recognized under the International Covenant on Civil and Political Rights, the Committee’s decided:
“[t]hat the issuance of Constitutional Mandate No. 13, which expressly forbade the filing of actions for the protection of constitutional rights or others of a special nature against the actions of the AGD and included the instruction to remove from the bench, without prejudice of any potential criminal liability, any judges who would hear this type of actions, violated the authors’ right, under Article 14(1) of the Covenant, to a process with due guarantees for the determination of their rights or obligations of a civil nature.” (§ 7.4 of the Opinion). The Committee “rules that the State party violated the authors’ rights under Article 14(1) of the Covenant to a process with due guarantees for the determination of their rights or obligations of a civil nature.” (§ 8 of the Opinion)


- CRIMINAL ASPECTS: The Committee stated that it is not a court of the fourth instance and that, therefore, it may not opine on the sensitive part of the criminal proceedings. Therefore, nowhere does it express any opinion on issues related to any alleged embezzlement, as the Committee lacks competence to do so.

- DISSENTING OPINION: The dissenting opinion emphatically questioned the creation of a special court, illegally designated, and warned of the possibility that such a procedure may be repeated in Ecuador.

- FULL REPARATION: Finally, the Committee orders “full reparation” in favor of the Isaías brothers. As provided in Article 18 of the Organic Law on Jurisdictional Guarantees and Constitutional Monitoring (Spanish initials LOGJYCC) such reparation consists of the following: a) the restoration of the Isaías brothers’s legal situation to the status quo ante July 8, 2008, before the expropriations ordered by AGD; b) the devolution of their illegitimately expropriated properties not disposed of or assigned; c) indemnification for their arbitrarily expropriated properties that have either disappeared or whose ownership has been assigned to third parties; and d) public apologies.

The brothers William and Roberto Isaías are pleased with the ruling and wish to underscore that, even though their assets have been severely affected, what is of paramount importance is that a clear possibility has been afforded to prove their innocence and redeem their good name and their honor, the priceless legacy of a family that at all times has acted in accordance with existing laws and regulations.


Comunicación Institucional
GRUPO ISAÍAS ECUADOR


........

“91 Volumes of unnumbered documents were not included in the trial for over a year”
91 volumes of trial documents which were the under the responsibility of former judge Paúl Íñiguez have not been duly numbered for almost a year now, which according to Zavala’s complaint, leaves open the possibility that the proceedings may be adulterated by its custodians. Zavala sent a letter to the Head of the Judicature Gustavo Jalkh alerting him to this grave violation of due process and holding him responsible of a possible fraud against his clients..

“Usually the process of numbering or stamping the pages of a trial takes days, weeks and even a couple of months, but in the Isaias case this anomaly has gone on for almost a year and that makes it suspicious”, states the missive that Jorge Zavala, the defense attorney for the Isaias brothers, sent to Dr. Gustavo Jalkh, President of the Judicature Council.

Zavala went on to say that it was obvious that there was an open possibility of alleged trial fraud, meaning that forged documents against his clients could be included since the regime has never been able to find probable cause to prove its erroneous allegations to the authorities and international courts”. "

Who were the judges handling the case?

Strange coincidence: 5 of the 7 judges, who recently left the Court for failing their performance evaluations, supposedly studied and resolved the voluminous Isaias case which contains more than 60,000 pages. In other words, the Isaias brothers were sentenced by incompetent judges, according to evaluations conducted by the Judicature Council itself.

“The recent renewal of the National Court of Justice, where Merino and Íñiguez had to leave, is the most obvious demonstration - that these judges who handled controversial cases like the Isaias-, were used as disposable accessories by a regime that wants no accountability regarding the confiscation of more than a billion dollars in assets, businesses and media outlets pertaining to the Isaias family”, stated doctor Jorge Zavala Egas. .



Dr. Jorge Zabala makes an accusation in a letter to Roberta Jacobson and asks for an appointment:
"Madame: they were going to extradite them based on illegal judicial findings."
In a public letter to the U.S. Assistant Secretary of State, Jorge Zavala Egas, attorney for the Isaias brothers accused the Ecuadorean Government of violating his client’s rights, leaving them defenseless through a constituent mandate and convicting them through political trials by judges who obey the Executive. Zavala added that the U.S. State Department had denied extradition on four occasions due to lack of proof and because the current government intended on extraditing them in an illegal manner.


El doctor Jorge Zavala Egas fue crítico con la situación del país y afirmó que el Ecuador dejó de ser una democracia, que no se estructura como un legítimo Estado de Derecho y que la división de poderes es nominal. "La organización judicial y el sistema diseñado, tal como consta en los propios informes del Departamento de Estado al que usted pertenece, es un mero instrumento político cuyos jueces son designados por simbólicos procesos concursales en los que los méritos se valoran con el baremo de la obsecuencia y la predisposición al servicio de intereses del gobierno", denunció el doctor Zavala.


The goal of the confiscation was to gain control of TC Television y Gamavision

Doctor Jorge Zavala Egas was quite critical of the country’s situation and affirmed that Ecuador was no longer a democracy, it is not structured as a legitimate State of Law and the division of power is nominal. “The judicial organization and the design of the system, such as it appears in the reports of the State Department to which you belong, is merely a political instrument whose judges are appointed by a symbolic selection process where merit is valued by the scale of submission and predisposition of servicing the interests of the government”, denounced Doctor Zavala. The goal of the confiscation was to gain control of TC Television y Gamavision

Doctor Zavala also stated that the government maintained a systematic and ferocious attack against the Isaias family and that the confiscation of their assets, which included the television channels “TC Television”, “Gamavision” and “CN3”, were part of the presidential strategy to illegally gain control of 40% of the national media coverage in order to gain absolute control over public opinion and assemble a monopolistic propaganda regime useful to politically indoctrinate the people. Furthermore, he added that the illegal confiscation had to be protected through Mandate 13 that ordered the confiscation of the Isaias family to be unchallengeable before any administrative or judicial authority and that the judge or authority that heard any related matter would be impeached, without prejudice and criminally tried.

The defense attorney went on to say: “Evidently, the plan has a weakness, which is, it only works as long as a judge, court or tribunal declares that a crime has been committed by the siblings Roberto and William Isaias and that order has been given; the judges must maintain the appearance of impartiality and independence, but the result will always be the same, without a doubt, there must be a conviction. The confiscation has to be justified at all cost!

Due process violations and other judicial barbarities
In the judicial arena, Zavala highlighted that his clients have been sentenced three times for different crimes, the last sentence clearly expressed it was obeying the previous ones containing an “illegal interpretation”, in other words, that the criminal proceeding which lacks the prosecutorial accusation of a major crime and that has been going on since 2000 has never had a judicial decision adhering to law according to the Court’s own ruling of October 29, 2014. However, the very judges who handed down this ruling have no shame in once again trying the 1998 facts where they were illegally sentenced, calling it now “bank embezzlement” an act which was enacted as a crime in this country in 1999 and applying it retroactively on his clients in violation of our Constitution and the American Convention of Human Rights approved by the member states of the OAS”, said Doctor Zavala.

They were going to extradite them based on illegal findings

Doctor Zavala highlighted that the State Department of the United States had rejected Ecuador’s extradition request made by its Court of Justice on four separate occasions.

Zavala emphasizes, “The Ecuadorean Government has never proved the legality of its political accusations, so much so, that now in 2014 that the Appellate Chamber has determined that the judicial decisions on which the extradition was based on were illegal! In other words, if it were not for the prudence and respect that the US has for human rights, two Ecuadoreans would have been extradited based on illegal judicial findings. That is how it appears on the sentence the Government so hastily had signed just days before your arrival Mrs. Jacobson, this cannot be rationalized as a coincidence, but rather the disrespectful sagacity of trying to surprise you with a perverse ruling that is still absent, for its final judicial validity to be challenged before the Constitutional Court of our country; this means that the Government leaps to sell the culpability of the Isaias brothers to the U.S. before the proceedings have ended in an immoral and fraudulent manner which only proves the persecution the Isaias brothers have been subjected to”.

Finally, in doctor Zavala’s missive, he goes on to say that his clients want independent justice which is impossible to obtain in Ecuador and asks Mrs. Jacobson to grant him a meeting in order to show her the evidence of what he asserts so that she may objectively evaluate the illegitimate official request for extradition.



"Judicial triumph: the sentence of the Isaias case is annulled"
In the Isaias case, the sentence ordered by the Government, issued by the Court of Justice annulled the sentence issued by the Criminal Appellate Tribunal of the National Court of Justice on March 12, 2014 “after having proved that the law was violated”, according to the press report received by this paper.

“This new sentence is an authentic judicial triumph”, affirmed Jorge Zavala Egas, defense attorney for Roberto and William Isaias. “The National Government had no other alternative, surrendering before the arguments thrown at it by the defense than annulling the sentence handed down by the National Court of Justice this past March 12th, making its manifest illegality untenable”.

Zavala Egas added given “the illegality committed was declared, the right of the Isaias brothers to demand the return of their confiscated media (TC Television, Gamavision and CableTV) found sustainability, which was done so the authoritarian Government could find a reason for a conviction and force, in the new appellate sentence, the adaptation of the case to the criminal act of “bank embezzlement” that was recently enacted in Ecuador in 1999. It was not a crime from September-December 1998 when the acts leading to this legal proceeding occurred”.

The attorney Zavala went on to say, “that executed against the Isaias brothers was a forbidden retroactive application of criminal law, in direct contradiction of the Constitution of the Republic and the American Convention of Human Rights to which Ecuador is a member of and is enough to challenge this political sentence on the floor of international courts”.

“With this ruling, it is evident, Zavala stated , that the Isaias brothers are innocent, they always rightfully condemned the political motivation of the criminal trial and the sentences issued against them and the violation of their rights that has been executed by the Government of President (Rafael) Correa”.



Isaias case: confiscation of assets, businesses and television channels, violations of human rights, due process and a political conviction for the purpose of consolidating a media monopoly for the service of correismo.
The world is aware that the judiciary in Ecuador is politicized and controlled by the Executive branch. That is why, the Isaias brothers have taken their struggle to international courts where slowly but, surely the truth begins to surface.

The Correa regime has no other option than to convict the Isaias brothers because otherwise, it would have to respond for the squandered, dilapidated, bankrupted assets in their possession, account for their dismal administration and disassemble the State propaganda machine that they have created with the confiscated media.

The businesses, a product of a century’s work by the Isaias family, are now subjected to governmental corruption. Today, many of the confiscated assets are in the hands of high ranking correismo officials. Meanwhile, the channels are used by the ruling party as “campaign central” for to promote itself and the perennial re-election of Correa.
The first Isaias: an immigrant and travelling salesman

A century ago, an enterprising Lebanese man was preparing to travel to Brazil in search of work in hopes of generating wealth and opportunities. His flight landed in Guayaquil and he decided to stay there. He began from the bottom and worked his way up. He travelled throughout the city and countryside working as a travelling salesman, assimilating an Ecuadorean identity and a new nationality. His name was Mema Kozhaya who in Ecuador assumed the name of Emilio Isaias.

Slowly the Isaias family multiplied and so did the companies that generated wealth for the country and opportunities for its people. By the middle of the last century, they had acquired Banco La Filantropica which they infused with new enthusiasm converting it into the strongest and most powerful bank Ecuador has ever had, the new Filanbanco


Creating opportunities and sources of employment

Approximately, 15,000 families worked for the Isaias Group. Moreover, it generated innumerable indirect employment opportunities, creating prosperity and wealth throughout the country. The new generation of the Isaias expanded the family enterprises abroad and founded Republic National Bank of Miami, in Florida. That bank was also managed with transparency and diligence as can be attested to by demanding US financial authorities.

Their social responsibility was reflected in the creation of free medical clinics for the underprivileged, scholarships for bright students and the sponsorship of sports and cultural projects, as well as innovative initiatives such as, Nahín Isaías Colonial Art Museum and Filanbanco Symphony Orchestra.


The crisis at the end of the last century

However, the international banking debacle at the end of last century, the Cenepa war, the energy crisis and the phenomenon of El Niño impeded Filanbanco from continuing in the hands of the Isaias family. The bank was turned over to the State in 1998, the year before the banking holiday. What followed was the collapse of 25 more banks; yet Filanbanco continued operating until the State used it to rescue bankrupted banks belonging to friends and family of those in power. Filanbanco was ultimately liquidated in 2002 after four years of State administration.


The political use of the Isaias case

The Isaias brothers have been unjustly accused of the following: bankrupting a bank they ceased control over four years prior to its bankruptcy; supposedly taking money they never managed out of the country only to have international authorities confirm the funds never entered their accounts in the US; and of not having paid off a debt with the Central Bank although documents exist proving said payments.

The Isaias brothers are maliciously accused of not having paid the depositors of Filanbanco. All of Filanbanco’s depositors received payment of their account balances, as is shown in the account rendition report by Pedro Delgado of December 2011. According to that document, a little less than $5 million USD was paid, although more than $1 billion USD in assets and businesses pertaining to the Isaias family were confiscated on July 8, 2008. Furthermore, those $5 million USD did not correspond to Filanbanco’s depositors but rather, to the depositors of La Previsora and Previsora International Bank that were merged in 2000 with State Filanbanco, almost two years after the Isaias brothers had turned the bank over to the State.

Correismo utilized this entire perverse strategy as a pretext to confiscate the television channels, TC Television, Gamavision and CN3, belonging to the Isaias family to create a state propaganda machine to achieve the political rush of staying in power perennially.


“We have not caused any depositor any economic harm”

The Isaias brothers affirm and reiterate the truth: “We have not caused any depositor any economic harm”. The propaganda created by the government of Correa against the Isaias is simply to confuse the country, using images of people suffering and claims that do not correspond to the clients of Filanbanco since all of their depositors were paid. These images correspond to the clients of the other banks that closed and of the banking holiday of 1999, after Filanbanco had been turned over to the State in 1998. That propaganda is just another media maneuver to persecute and discredit the Isaias brothers.

The technical report prepared in 2007 by the economist Eduardo Valencia titled “The financial crisis of the CFN” identifies the true perpetrators of the banking crisis at the end of the last century.


The confiscation of the assets pertaining to the Isaias family

Correa’s regime has exploited the case of the Isaias more than any other administration. Not only did it illegally and illegitimately appropriate assets worth more than 1 billion USD, it also used the Isaias brothers as political and propaganda tools. There was never any accountability and culminated with a conviction. A conviction issued by judges submissive to the Executive with the rush to conceal the looting and state corruption of the assets and businesses confiscated, and above all, to keep the television channels forever.


“Putting his hands” on the Ecuadorean judiciary

It was vital for Correa to “put his hands on justice”; in order to prohibit the Isaias brothers from having an impartial trial adhering to rights of due process; control, threaten, impeach or prosecute judges if they do not follow orders; persecute and sentence all those that contradict his political plan to stay in power forever, but, essentially to “convict the Isaias bothers” because otherwise the government would have had to return their assets, businesses, television channels and render accountability to the country.


International Justice

The Isaias brothers can never be declared innocent by the correista judiciary. That is why Roberto and William Isaias have gone before international courts where the truth begins to emerge. The US justice system has ruled in their favor in the first international legal battle where the Isaias brothers with the weight of the evidence and legal arguments won the case against the government of Ecuador in the Eleventh Circuit Judicial Court for Miami-Dade County, Florida in May 2013. Similarly, the United Nations Commission for Human Rights has accepted the complaint filed by the Isaias brothers against the Ecuadorean State.

Roberto & William Isaias Dassum: Victims of political persecution in Ecuador
Geveva June 6/2016. The UN Human Rights Committee orders Full Reparation in Favor of the Isaías Brothers.
Dr. Jorge Zabala Egas, Defense Attorney. Q&A.








The international observer, Roberto González , member of the Human Rights Foundation, upon a hearing of appeal in the Isaias Case, said beforehand, “There is an apparent violation of the right process and its human rights”.


Proof of Innocence
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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