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Merlo made the decision, but questions came to him even within the agency for the procedure.
The decision of the President of the Judicial Council, Marcelo Merlo, to suspend the Judge of the Judiciary Multicompetent Judiciary Unit at Samborondón Paola de Ángeles Dávila López, was questioned yesterday in the Judicat. The main criticism concerned those who considered that the practices of the previous government were repeated.
Transitional MP Juan Pablo Albán spoke yesterday with Merlo and indicated his "deep indignation" because he considers that the President made a "hasty decision". "He says we are not going to compromise the independence of justice." Suddenly, this compromises judicial independence by dismissing a judge. "
Merlo has legal authority to dismiss judges. But Albán stressed that for this to happen, a procedure must be followed. Once the complaint is received, you must open an investigation, with a report, to see if there is a fault or not. In addition, the judge must know the reasons for the summary and allow the officer to exercise his defense.
90
days the suspension taken will last. "Yes, we can apply an administrative penalty when a disciplinary fault has been duly proven, and when the official has had the opportunity to defend himself, this has not happened here", said Albán, who stressed that the judiciary can not decide what a judge decides. For this reason, he will ask that this decision be discussed in plenary.
For her part, Maria Dolores Miño, executive director of the Observatory of Rights and Justice, said that she had submitted a letter to Merlo, expressing her concern about the repetition of practices. "We consider that the measure is excessive and that it is not up to the Council of Justice to make this type of decision."
Hernán Ulloa, lawyer of a group of judges sacked under the inexcusable error figure, via his Twitter account, wrote: "Mr. President of the Judiciary, suspend a judge for a jurisdictional act ( even if it is false), is a judicial interference.Do not cause instability among bailiffs. "
The official position
The judiciary confirmed in a statement that the resolution was signed by Merlo. The text indicates that it is based on paragraph 5 of Article 269 of the Code of Judicial Function
2
days after the lifting of detention preventive of Espinel. The sanction, incorporated in a three-page letter, was issued Monday, a few hours after the judge revoked the order of preventive detention of former minister Iván Espinel, implicated in an alleged crime money laundering
Dávila You have to leave the office for three months. Merlo pleaded with the public prosecutor to open an investigation
The sanction could be granted because the director of the Unit of Economic and Financial Analysis (UAFE), Diana Salazar, filed a complaint against the judge. 19659004] According to Merlo's resolution, the judge had an "express statutory prohibition" to revoke the prison for the gravity of the alleged crime.
The Hour tried to get a reaction from Dávila yesterday, but until the end of this edition there was no answer. (AGO / DAB)
Controversy Retention
° The sanctioned judge is the same judge who ordered the detention of 10 reporters on April 8 because they reportedly leaked information about him. hearing that took place against the same former minister Iván Espinel, in the office of Samborondón.
Reporters badigned to this cover were allowed to leave the room just after 8:00 pm (DAB)
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