Correa defense in Belgium claims that the process is full of irregularities

Brussels .- The lawyer Christophe Marchand, defender in Belgium of the former president of Ecuador Rafael Correa, said that the process of the so-called "Balda affair" that he meets in his country and for which his preventive imprisonment is "full of irregularities" and offers no guarantee.

"If Correa says 'I want to go to Ecuador,' I tell him ' you do not have to go to Ecuador because'. there is a very great risk that he will be imprisoned for several years to eliminate him from politics "said Marchand in an interview, who appreciates" a systematization of criminal actions against former leaders. "In" many countries "of Latin America, reported Efe.

Correa faces a request for preventive detention in his country.This Monday by Judge Daniella Camacho, in addition to a request to Interpol to locate and extradite.

On June 18, Camacho ordered Correa's appearance every two weeks, as of Monday, before the Secretariat of the National Court of Justice as a precautionary measure after have been linked to an attempt to kidnap former lawmaker Fernando Balda.

However, Correa chose to appear before the consulate of Ecuador in Brussels, protected, according to his lawyers, by diplomatic settlements.

"At this moment in my opinion there is nothing in force in Belgium to be put under arrest ," said Marchand, adding that the arrest warrant could "be en route", although "there may be some appeals that can be filed in Ecuador and that can stop the claim a bit."

For Marchand, the order of the judge in Correa to appear in court every two weeks while he resides "at thousands of kilometers" is "an impossible condition, he can not fill it. "This means that ultimately he did not want me to accomplish it," concluded the lawyer.

According to the lawyer, Correa, who has been living in Belgium for one year for family reasons, did not respect this order because "it seems to me, when I see up to To now, that it is a road full of illegalities that the first idea was that he was not complying so that he could take this step of detention ".

Merchant, who assured that his client "has a lot of courage to fight" although "he is very sad what he sees, what is goes to Ecuador, "he explained that they compiled information on the situation in the country and concluded that" there are problems ".

"In Ecuador and throughout Latin America, there appear to be problems of political persecution against former leaders" adding that "the Commission Interamerican Human Rights report that they say that there are structural problems. "

When asked if he did it trust the Ecuadorian state, the lawyer replied: "In my opinion, right now, no." He alluded to the "problem of immunity of a head of state" that was denied to Correa.

"It seems to me that an illegality in Ecuador is flagrant, we fear that, if Correa goes to Ecuador, he will not benefit from a trial with the necessary guarantees" said Marchand.

He explained that the Ecuadorian state must send to Interpol a "red alert" for the detention of Correa which must be examined to verify "s & # 39; there is no problem of political persecution "at first glance.

If the institution comes to the conclusion that there is, the process can be "stopped abruptly", it affected, while in the If the petition continues it will enter the Interpol system and will result in a stop warrant in all countries of the world.

In the case of Belgium, the prosecution will have to stop or impose "precautionary measures such as the prohibition to leave the country, then that the judge decides on the application for remission "explained the lawyer.

From this moment there would be a hearing in the Council Chamber with the possibility of appeal and challenge to the Supreme Court of Belgium.

"We are not in the Euroorder system (European arrest warrant), it is an old system, a nineteenth century extradition convention between Ecuador and Belgium", said Marchand, who acknowledged that the process "can take a lot of time". sending documents with official translations.

He added that is a "mixed system" that passes through the judges, although "it is ultimately the Belgian government that will decide".

And, he stressed, the decisions of the Belgian Cabinet "you can also address the State Council, to the European Court of Human Rights.

There are many resources because extradition, delivery, is the exception. "

"A state does not deliver very easily, it wants guarantees, and in this case, we do not have the guarantees," he concluded.