If the links are proven, the Mayor of Quito could be dismissed. However, the case could also be filed.
The accusations of alleged links to Santiago Guarderasmayor of Quito, in tax havens, crossed the social networks and reached the Comptroller. If true, Guarderas could be destitute, although also, the cause could be archived.
LA HORA explains to you what the political and legal present and future of the Mayor is. What is he accused of and how long would the institutions take to respond.
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The complaint
It was the lawyer and teacher, Alejandro Rodas Coloma, who on February 2, 2022 denounced – before the Comptroller’s Office – that Nursery breaks the law of the popular consultation of 2017, which establishes that any person who intends to represent through elections should not have shares or be a partner in tax havens.
With the complaint, a special exam to determine if Coloma’s accusations are true.
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Notification and initiation
The February 15 of 2022, Guarderas said that has not been notified by the Comptroller. Esteban Ron, director of the Law School of the International University (UIDE), points out that the special examination cannot begin without notification.
On February 16, the Comptroller’s Office confirmed to LA HORA that a work order has already been issued and that in the next few days, the Mayor will be notified.
“This man (Alejandro Rodas Coloma) is warming up because an election year is coming”, Fernando Morales, councilor of Quito.
“Citizen social control is legitimate (…) but we must also take into account that we are in a political year”, Paulina Izurieta, councilor of Quito.
“Comptroller has to notify Santiago Guarderas with the beginning of the control action or special examination, within a term of three days”, Esteban Ron, UIDE director.
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The assets must continue to exist
Once the Comptroller has started the process, two things must be verified: the existence of such assets in tax havensyes it exists direct or indirect property. “Because a lot of these assets, like they’re offshore companies, have ceased to exist,” says Ron.
According to Rodas Coloma, the Mayor is a member of the law firm Quevedo & Ponce and a real estate company in Panama created in the 90s’. This, although it appears on the page of the Superintendence of Companies, Now it must be verified that said assets are still valid.
Ron explains that in these cases there may be information outdated about the goods.
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Dismissal
Rhodes Coloma explains that if the links in tax havens are verified “The Comptroller must dismiss him and Guarderas must immediately leave the Municipality of Quito. He loses the quality of Mayor and councillor”, he says.
If that were to happen, Brith Vaca, who became deputy mayor after the removal of Jorge Yunda, would become mayor and a new deputy mayor should be appointed.
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The case can be filed
But the dismissal of Guarderas is not the only scenario. Ron details that with the start of the special exam and, depending on what the Comptroller’s Office is collecting and determining, the Mayor will be able to present discharges (evidence). Similar to what he did President Guillermo Lasso.
If Guarderas proves that he is no longer a shareholder of these assets, the case, as happened with Lasso, is filed.
“I am not afraid of anything, my conscience, my public and private acts are subject to values and principles, which will be demonstrated once the corresponding procedures are followed. They do not need to persecute, or investigate, or anything, everything will come to light at the right time before the competent bodies “, Santiago Guarderas, mayor of Quito.
“We would be wrong to want to say that Mr. Guarderas should not be sanctioned so as not to create a commotion in Quito”, Alejandro Rodas Coloma, complaining lawyer for Guarderas.
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Metropolitan Council have no interference
The councilors Paulina Izurieta and Fernando Morales agree that there is no defense from the Metropolitan Council towards Guarderas, precisely because – if there is a dismissal – there is no interference, nor a vote by the councilors since it is not a removal process as it happened with Yunda.
Both also agree that it is for this reason that a media lynching of the Mayor cannot be initiated, especially when, behind the complaints, there could be “political interests” since “we are in a year of electoral campaigns.”
Rodas Coloma does not rule out that he has had rapprochement with political parties and that “if the citizens so wished” he would run for mayor. But he emphasizes that his role as inspector and whistleblower is not new, since he denounced the formersubstitute comptroller Paul Celifor the possible crime of influence peddling.
For his part, Morales motioned for the Metropolitan Council to request speed to the institutions about the investigation to Guarderas, but did not have a quorum. (AVV)
En el término de 60 días laborales, una vez iniciado el examen especial, Guarderas tiene derecho a la defensa. Contraloría solicitará requerimientos específicos.
La denuncia por perjurio que Alejandro Rodas Coloma presentó en Fiscalía no puede iniciar sin los resultados del examen especial de Contraloría.
