The Supreme Court of Justice declared inadmissible the request for a coercion measure against the Minister of Foreign Affairs, Roberto Álvarez, for an alleged contempt of a court order emanating from the Superior Administrative Court that provides for the replacement of a Minister Minister and other consular officials, as well as the payment of your work benefits.
The complainants assaul Discounted by Mirex.
The former counselor Ilonka Rossiveris Pérez Ariza, who became a civil actor and accused him of abuse of authority and attack against personal freedom, achieved that through the Judgment TC-0362-19 of September 18, 2019, The Constitutional Court will empower the complainant to request coercion measures in cases of public actionconditioned to the existence of an open criminal process (procedural requirement), the opposite would be to supplant the Public Ministry as responsible for the exercise of criminal action.
From 9:00 in the morning until 3:00 in the afternoon the chancellor remained in the High Court, where several insets presented by the defense were known.
The Public Ministry, represented by the attached attorney Fernando Quezada García, in his opinion asked the high court to declare inadmissible the request for coercion measure, under the argument that the behaviors described in the instance do not constitute criminal offenses.
The full decision of the sentence will be issued on the 21st of this month, at 10:00 in the morning, by Judge José Ferrer, who presided over the hearing in privileged jurisdiction.
Pérez Ariza, represented by lawyer John Garrido, presented to the Supreme Court of Justiciacj the direct request of coercion measure, By the chancellor enjoy privileged jurisdictionas Minister of State.
While the Minister’s defense was headed by the lawyer Tony Delgado, who presented an inadmissibility of the application for coercion measure, under the allegation that with the MP opinion the claim of the complainant part was closed, even more , when the civil actor did not object to the position of the MP.
Complainants before the Supreme Court
The lawyers Tamayo Tejada and Luis Jiminián also represent other consular officials disconnected from Foreign Ministry Benefit with the decision of the Superior Administrative Court, which have not been restored in office or have paid their benefits, the Togados argued.
They pointed out that they have several TSE sentences, with the quality of the thing judged, that order the replacement and payment of late salaries to several former diplomats and that the chancellor has not obtained, mocking the process and using dilatory tactics and interposing actions before The Constitutional Court.
“Today we have sitting on the bench of the accused for not complying with those decisions, turning their actions into abuse of power, in violation of articles 114 and following of the Criminal Code,” he said.
They explained that, although only three cases were known today, they are seized of more than 60 files of former employees of the institution that are going through the same situation.
The first case that was known was that of Mrs. Ilonka Rossiveris Pérez Ariza, which was declared inadmissible and then proceeded with the processes of the complainants Rafael Rodríguez and Víctor Acosta, both former vice -consuls in New York.
