Former director of the Private Companies Heritage Fund (Fonper), Fernando Rosa, sent to prison for three months for his involvement in the Anti Octopus operation, seeks to obtain his freedom through an appeal.
The appeal was filed by Rosa, before the Criminal Chamber of the National District Court of Appeal, through her team of lawyers led by José Miguel Minier and consisting of José Geovanny Tejada and Nelson Miguel Peralta Fernández.
It will now correspond to the President of the Criminal Chamber of the Court of Appeal, Julio César Cano Alfau, designates one of the three criminal chambers of the Court of Appeal to hear the appeal Against the decision issued by the judge of the Court of permanent attention of the respective jurisdiction, José Alejandro Vargas.
In court, they asked the court to admit the appeal, to review the measure of coercion in accordance with the provisions of the Code of Criminal Procedure.
Also, They ask the court to reject the imposition of pre-trial detention as a coercive measure and order their release. directly by your client.
They also suggest that, in the absence thereof, a less burdensome prior statement of the unconventionality of the application or interpretation of all or part of the provisions of Articles 227, 229 and 234 of the Code of Criminal Procedure, ‘on the pre-trial detention of the accused, for the principles of proportionality, the presumption of innocence provided for in the Constitution and the block of constitutionality, by transforming the measure of coercion of pre-trial detention into an anticipated punishment ”.
“We file an appeal against the ordeal suffered by Fernando Rosa in an unfair manner, without reasons and with a lack of motivation for the decision imposed against him, so that the Court of Appeal can correct the errors of arbitrariness and abuse of power that magistrate Alejandro Vargas he committed it “, said Minier.
He explained that the procedure is based on five specific elements among them he cited the serious defect of omission of the statute and, at the same time, the violation of the right of defense with which it violates Article 69 of the Political Constitution.
He argued that the precautionary statement of precaution, which was filed by Fernando Rosa to answer every error, lie and subjectivity presented by the Public Ministry, was not evaluated or mentioned in his sentence by the investigating judge.
He indicated that another seriousness of the sentence is that it is based on “insufficient, vague, imprecise and incomplete” grounds that do not justify the device and violate Article 25 of the American Convention on Human Rights and 24 of the Code of Criminal Procedure, in addition to ignoring the precedent of the Constitutional Court regarding the due motivation of jurisdictional decisions.
“We call on civil society to pay attention to this case, because it is a violation of all civil and political rights, of fundamental rights realized since the eighteenth century at the cost of so much blood and human life, but we are practically going back to The Middle Ages and the Inquisition of the 21st century “, said Minier.
Around the other case Juan Alexis Medina Sánchez, Danilo Medina’s brother, was sent to prison, Francisco Pagán Rodríguez and Aquiles Alejandro Christopher Sánchez, former Director General and Director of Supervision, respectively, of the Office of Civil Engineers (OISOE).
Also, Julián Esteban Suriel Suazo, José Dolores Santana Carmona and Wacal Vernavel Méndez Pineda.
Likewise, the judge ruled house arrest against Carmen Magalys Medina Sánchez, sister of Juan Alexis, and Lorenzo Wilfredo (Freddy) Hidalgo Núñez, former Minister of Health, who is due to serve three months of house arrest with an electronic bracelet and under the supervision of the Public Ministry.
As for co-defendant Rafael Antonio Germosén Andújar, former Comptroller General of the Republic, he must also execute house arrest, preventing him from leaving the country, after accepting a request from the public prosecutor in this regard.