In response to Wednesday’s publication entitled “TSJ was released to a file linked to Zuliana Judicial Mafia”, legal representatives of Mouhamed Douglas Charaf Yundi (Farma Express DCH) sent a letter as a replica.
1. The Avocamiento application was made by the citizen Mouhamed Douglas Charaf Yundi before the Political-Administrative Chamber of the Supreme Court of Justice. It was not a decision made ex officio and thus was reflected in file VP31-N-2024-000006.
2. The decision of the TSJ was based on the existence of serious procedural vices: territorial incompetence of the court of origin, improper extension of precautionary measures and violation of due process.
3. By declaring the request for avocation, the political-administrative hall annulled the precautionary measures that had been dictated in favor of Sahar Carolina Boudakka el Safadi and ordered to send the file to the competent courts.
4. These are two different causes: an administrative and one criminal. The avocation resolved by the TSJ corresponds to a contentious-administrative trial for nullity of a trademark registration. Separately, there is an ongoing criminal case for the improper use of that same brand, which resulted in a subsequent, autonomous and grounded imputation.
5. On April 29, 2024, the Sixth State Court of the State Zulia dismissed the criminal complaint filed by Boudakka against Douglas Charaf. It was notified on May 6, 2024 and did not appeal. The decision was firm. It was subsequently denounced for slander and simulation of punishable fact. That research is open.
6. It should also be clarified that, in this case, there is no criminal process for the crime of extortion. That complaint was dismissed by the Public Ministry, a decision that was firm as it was not appealed. Neither does any communication exist in the file where any payment or conversations that configure typical elements of that crime have been required. Therefore, the media signal in that sense lacks any factual and legal base.
