On July 8, 2008, a political media event using an armed operation, of an elite group of police officers, ordered by the Executive confiscated the assets, businesses and television stations pertaining to the Isaias brothers. Shortly thereafter, the legislative power enacted Mandate 13 that left them defenseless. Mandate 13 was supposed to stop all claims concerning the confiscations violating the right to justice.

In Ecuador, the judicial power is subject to the executive. Consequently, the Isaias brothers will never be innocent because that would mean that all the confiscated assets would have to be returned to them and the State would be accountable for the businesses that were poorly managed plundered and sold at prices lower than their true value.

In the international courts where matters are judged based on evidence, law and complete impartiality the innocence of the Isaias brothers is coming to light.
Isaias Case: a political not judicial case

“Everyone has the right to be judged by an independent, impartial and competent judge.  No one shall be judged by tribunals of exception or special commissions created as such.”  This is stated in Article 76 of the Constitution of the Republic of Ecuador.

However, in the case of Filanbanco all possible procedural guarantees have been violated. The nation’s three constitutions and two penal codes during this time period have also been violated. Accusations have been made without an iota of proof.  Accusations have been unabashedly modified due to the absence of legal support. The case has dragged on throughout 5 presidential administrations and for more than fifteen years. More than 50 judges have heard the case.

13 laws have been thoughtfully written, approved and enacted for the specific purpose of convicting specific individuals while violating basic universal principles of law. Laws of extradition and those eliminating loans to affiliated businesses were enacted specifically for the Isaias.

Presidents, legislators, judges, officials, politicians, journalists and the media overlooked the presumption of innocence and politicized the case. Some judges have committed prevarication and the Judicature Council has acted as a silent accomplice.  Retroactive laws have been applied and key documentary evidence has been ignored.

Political interference has been constant throughout the case. The independence of the judiciary, the most important safeguard of all, has never existed because the new group of judges are at Carondolet’s the beck and call.

“We have proved that there are judges who have very little independence”.
Interview of Doctor Luis Pásara from the DPLF on Judicial Independence, Source University Simon Bolivar

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