On last September 9, the National Board of Justice (JNJ) rejected the vacancy request requested against its president, Gino Riosfor having a sentence for family violence to the detriment of his ex-wife. Given this decision, IDL and five other feminist organizations presented requests for reconsideration which will be heard by the JNJ next Monday, November 10 at 9:00 am
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This is a public and in-person hearing that will take place on the first floor of the JNJ. Those who presented the reconsideration will have 10 minutes to justify their position against six regular members of the JNJ.
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The legal representation of IDL, Ángela Villón and María Gonzáles, will be assumed by lawyer Cruz Silva. Meanwhile, the five feminist organizations (Demus, Promsex, Cladem, Flora Tristán and Manuela Ramos) will be represented by the lawyer Beatriz Ramírez.
JNJ will hear requests for reconsideration presented by IDL against the decision not to vacate Gino Ríos
IDL warns that the resolution that shielded Gino Ríos would present flaws
Although both Legal Defense Institute how the five feminist organizations share the central argument that sentence against Gino Ríos makes him a person incompatible with the chargefrom IDL they will focus their presentation on Monday the 10th on three reasons why the resolution that rejects the vacancy of the president of the JNJ lacks legal validity and should be reevaluated.
The first of them is improper motivation regarding the arguments of the vacancy request, that is, it has not been clearly stated why all the arguments that were presented at the time are reflected. The second is that there was no constitutional analysis, but above all a purely penal analysis, which is not the case. The third and last is that it ignores the res judicata quality of a sentence, which, Silva explains, “is serious because it violates judicial independence and the binding nature of sentences in the country.”
After the presentation of the arguments on Monday the 10th, the JNJ could accept the reconsideration and accept the vacancy of Ríos Patio or reject the reconsideration and keep him in his position.
“(From IDL) we consider that it is a great opportunity for the Board to no longer identify itself as a center of power that has no control and that is a risk for judges and prosecutors, to show itself as an institution that respects legal rulings and is against any type of violence. It is an opportunity for them to get rid of that image,” the lawyer noted about the expectations of the case.
He added, however, that they recognize that “it is a case directly linked to politics and the interests of impunity of the causes that the Board sees. It is a politically difficult case because figures whose political parties seek to win the next elections are involved and who, in addition, have investigations.”
IDL will litigate the case both nationally and internationally
Faced with all this, Silva clarifies that they will not abandon the case, but will litigate. “We are not only going to litigate at the national level but we will notify international bodies. The fact that an institution ignores the res judicata of a sentence is a situation that cannot be tolerated,” he noted.
Regarding the international bodies that will be notified of the reconsideration on November 10, these are the Inter-American Commission on Human Rights and the United Nations Rapporteurship on the Independence of Magistrates and Lawyers.
