Premier Gustavo Adrianzén pointed out that the Government observed the law that restores preliminary detention in cases of non-flagrant detention.
The premier said this 72 hours after the Minister of the Interior, Juan José Santiváñez, indicated last Friday that his portfolio had found contradictions in the legal framework and that it had observed the aforementioned law.
“There are a series of observations that have to do with the provisions of the norm. But, the observation is going to be made public,” Adrianzén told the press this afternoon.
This means that, in the next few hours, the Executive will return the aforementioned law to Parliament so that it can make the respective changes proposed by the Government.
However, the Permanent Commission will only be able to evaluate this rule next February, because that is the date on which it will meet again according to its agenda.
The minister explained that “the Penal Code establishes that criminal conduct subject to deprivation of liberty are those whose sentences are greater than five years; However, the rule—as it is written—says that preliminary detention can only be applied to crimes that have sentences of four years and that is contradictory. Under that budget the norm would have to be perfectable (by Congress).”
Minister Santiváñez explained, on that occasion, that “the Penal Code establishes that criminal conduct subject to deprivation of liberty are those whose sentences are greater than five years; However, the rule—as it is written—says that preliminary detention can only be applied to crimes that have sentences of four years and that is contradictory. Under that budget the norm would have to be perfectable (by Congress).”
When asked if said observation is not a covert plan to delay the preliminary arrests of government officials, such as Fredy Hinojosa, involved in the Qali Warma case, Santiváñez rejected that argument and indicated that “the observations are technical and valid within a legal framework. They are not whimsical. What we have warned contradicts the legal framework.”
PRETEXT OR RISK?
However, for criminal lawyer Andy Carrión, the Mininter’s observation is a pretext to delay time and for the rule not to be approved by Congress because only the Permanent Commission is functioning.
“What the Executive is looking for is to backfire on the figure of preliminary detention so that its main officials, such as Fredy Hinojosa, cannot be detained. And what the Prosecutor’s Office has done, having its hands tied, has only been able to request an impediment to leaving the country,” he indicated.
On the other side, criminal lawyer Fernando Silva, asked that the aforementioned law not be approved because “there is a small but important part in the Judicial Branch that serves interests (political, media, business, etc.) that makes this instrument , such as preliminary detention, is a risk to the fundamental rights of all people.”
I KNEW THAT
-Freedom can only be restricted with a sentence after a trial, said criminal lawyer Fernando Silva. “Preliminary detention is a measure that affects something so serious due to very weak elements of conviction,” he added.
-The continuity of Ruth Ligarda, ‘La Sombra’, protagonist of the Cofre case, as a police attaché in Spain, depends on the Police Command, Santiváñez said.
-“I do not find legal support for the observation. It is a pretext to continue delaying the promulgation of the rule,” said criminal lawyer Andy Carrión.
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