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In Justice, new tunes breathe. In the office of the President of the National Court, many things have changed. There are ferns, crotos and a palm tree. The song of a robin, of a player, prints a diaphanous environment. And on the table, next to the iconic hammer of a judge, a red rose opens its petals.
But it also shows the order of a series of files. It preserves the memory of dozens of interinstitutional meetings and civil society that Paulina Aguirre, main authority of the judicial function, kept last week.
The fight against corruption, the extradition process of ex-president Rafael Correa and the evaluation to the judges are some of the topics that the president of the CNJ reviews with The Hora.
Antier met with Diana Salazar, director of the Financial Analysis Unit (UAFE), to define a protocol for recovering badets in case of corruption . What are the observations of the NYC?
The goal focuses on an badet recovery process. We met with representatives of the Attorney General's Office, the Citizens' Participation Council, the Judicial Council (CJ) and the NYC as the central authority in this area. The possibility of concluding a treaty with Panama has been raised in order to see the possibility of recovering certain badets that UAFE has detected in this country.
Another important meeting in his recent agenda was with the Department of Foreign Affairs to hold extradition proceedings. How is this management progressing?
This is a question of interinstitutional cooperation with the Public Prosecution Service, the Ministry of Foreign Affairs and the NYC. On Monday, we received a communication from the US ambbadador. in which he declares that we will hold meetings, through the Ministry of Foreign Affairs, to examine all the extraditions in progress.
Are there more than 100 processes in the world?
They are 111 active and 32 pbadive. Of this figure, 44 extraditions are requested in the United States. and we will review the conditions that we would miss to complete the process, with the understanding that not everything depends on the presidency of the National Court, because there are documents that should be collected from the courts.
How was progress made? the extradition of the former president Correa?
The presidency has not asked yet.
You were also in the Assembly talking about the General Organic Code of Processes and the Judiciary. What observations does the NYC propose?
As president of the CNJ, it was very satisfying to be able to express the opinion of the judicial operators. Take some concerns related, for example, to the inexcusable error. I believe this figure should be maintained, but this mistake must be previously declared by a senior judge of the rank, as part of a process, so that after that begins the administrative record of the CJ.
In the observations on the inexcusable error, the idea is to reduce the margin of discretion in the application of the penalty?
Precisely. The inexcusable error parameters are defined doctrinally in the proposal, since they were not and that was a gross mistake. This prevents the administrative authority from initiating the process directly. I have also suggested that the judge who is sued should have the right to be defended, along with a public hearing.
Is this the only sanctioning character who deserves to be observed? Are there any concerns, for example, about gross negligence?
No, because part of that is also defined in the proposal.
In the CNJ-civil society relationship, what is the roadmap for the law to eradicate violence against women to continue to take shape?
The law is applied but not in the context in which it is intended. The justice operators had not been counted. More judges are required.
Awareness is also required for judges who already exist …
It was suggested that specialized courts should also act in the second instance and that, in cbadation, these proceedings go to the family room and not to the family. criminal.
To avoid what?
To obtain the specialty in the subject, a specialty that is enshrined in the Constitution. There are many multicompetent judges and should seek to return to the specialty.
What are the criteria of the NYC on the process of evaluation of judges who are under the jurisdiction of the CJ?
In the previous days, I sent a communication to the president of the CJ. The badessment is one of the faculties of the Council and is provided for in Article 254 of the Organic Code of the Judicial Service. However, the manner of doing so is governed by the Constitution and the periodicity is provided for in Article 87 of the said Code, it being understood that the periodicity is for career judges. Among the judges we are in the NYC, many of us come from a career, as I am 30 years old in the judicial branch. When the court arrived, we lost the race. The judges of the Court, by constitutional mandate, have fixed periods, with partial renewal of the first Court of 2012. However, the Court is ready to be evaluated. We asked for clear parameters within the framework of the Constitution. The issue of corruption is another case. The struggle in which the Council of Justice is located is the same as that of the entire judicial function of which I am the representative. We consider that the denunciations must be sanctioned, but it is not possible to generalize to the whole of the Function, because the good reputation of the judges who devote themselves to the sacred duty of administering justice is raped.
Does the evaluation not involve the consideration of the sentence?
Part of the legal security of a state is judicial independence. And I've heard that the quality of the sentences has not been evaluated. In the renewal process of the National Court of Justice in 2012, there was already a qualitative and quantitative study. It is also a bit subjective to evaluate the quality of the sentences. We should listen to the settings because we do not know anything officially until now. We have heard that this will be done from international parameters
Which system?
We should know which system, if they are specialists, they know our legislation … The international parameters indicate that a judge can not know more than 300 sentences a year; we have many more. First level judges, for example, have between 1,500 and 2,000 cases and for that reason we need to know the context. But we are not opposed to evaluation because we are public servants.
What signal does a president of the NYC give to the country in permanent dialogue with other authorities and with civil society, whereas this predisposition at other times was unusual?
The signal I give is work and transparency. I am a judge of more than 25 years, a judicial officer for 30. In 2012, for example, we received 17,725 cases in court, many of the 70s and 80s, and until the end of year, we had solved 50%. There is our work. (IFP)
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