PJ annulled the suspension of Rafael Vela and ordered a new ruling

He Judiciary decided to annul the suspension of 8 months and 15 days, without pay, imposed on the coordinator of the Lava Jato Special Team, Rafael Vela.

They were placed in new units that are not related to the criminal investigation.

The measure was adopted by constitutional judge José Camargo, who declared the amparo claim founded against the resolution issued by the National Control Authority of the Public Ministry (ANCM) on October 5, 2023. This sanction had been imposed on Vela Barba for allegedly incurring two very serious infractions and one serious in the exercise of his duties.

In that sense, the representative of the Public Ministry considered that the sanction imposed violated his fundamental right to due administrative procedure. Given this, on December 20, Judge Camargo Cabezas ordered the National Control Authority of the Public Ministry (ANCM) to issue a new resolution.

According to the magistrate, the new supreme prosecutor appointed by the ANCM issued a statement at a time in which it cannot be proven that it allowed for the evaluation of each action carried out within the sanctioning procedure. This, he considered, implies a violation of Rafael Vela’s right.

Camargo Cabezas pointed out that within the documents presented by the parties “it is not apparent that the Disciplinary Procedures Commission (…) has issued any statement regarding the request made by the latter through writings dated July 10 and August 17 of the 2023”.

Given this, he considers that prosecutor Vela “could not orally present the foundations of his defense, even more so taking into account that he had denied the use of evidence that the latter considered necessary, in order to prove his innocence, an act that this constitutional body considers harmful to due process, and the claim must be declared founded on that point.”

On the other hand, the judge declared inadmissible the part of the lawsuit in which Vela’s defense requested that the ANCM be ordered to immediately refer its disciplinary process to the National Board of Justice, so that this institution assumes exceptional jurisdiction.

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