The former director of the Private Companies Heritage Fund (Fonper), Fernando Rosa, sent to prison for three months for his involvement in the case of Operation Anti Pop, seeks to obtain his freedom through an appeal .
The appeal was filed by Rosa, before the Criminal Chamber of the National District Court of Appeal, through its team of lawyers headed by José Miguel Minier and composed of José Geovanny Tejada and Nelson Miguel Peralta Fernández .
It is now up to the President of the Criminal Chamber of the Court of Appeal, Julio César Cano Alfau, appoint one of the three criminal chambers of the Court of Appeal to hear the appeal against the decision dictated by the judge of the court of Permanent Attention of this jurisdiction, Jose Alexander Vargas.
In the instance, they asked the court to have the appeal appealed, to review the coercion measure in accordance with the provisions of the Code of Criminal Procedure.
Likewise, ask the court to reject the imposition of pre-trial detention as a measure of coercion and order the release pure and simple of his defendant.
They suggest, moreover, that if a less costly prior declaration of unconventionality of the application or interpretation of all or part of the provisions of Articles 227, 229 and 234 of the Code of Criminal Procedure is not applied, “referring to prison of the accused, for being in violation of the principles of proportionality, presumption of innocence provided for in the Constitution and the block of constitutionality, by converting this measure of coercion of pre-trial detention into an early sentence “.
“We are submitting the appeal against the ordeal suffered by Fernando Rosa in an unfair way, without grounds and with lack of motivation of the decision imposed against him, so that the Court of Appeal can amend the errors of arbitrariness and abuse of power committed by magistrate Alejandro Vargas, “said Minier.
He explained that the procedure is based on five specific elements among them he cited the grave vice of failure to act and thereby, the violation of the right of defense thereby infringing Article 69 of the Political Constitution.
He argued that the writ of precautionary objection, which was filed by Fernando Rosa to answer each of the fallacies, lies and subjectivities presented by the Public Ministry, was not assessed or mentioned in his judgment by the investigating judge.
He noted that another seriousness of the sentence is that it is based on “insufficient, vague, inaccurate and incomplete” reasons that do not justify the device and that violate Article 25 of the American Convention on Human Rights and the 24th of the Criminal Procedure Code, in addition to which it does not know the precedent of the Constitutional Court with respect to the due motivation of the jurisdictional decisions.
“We call on civil society to pay attention to this case because it is a violation of all civil and political rights, of fundamental rights achieved since the 18th century at the cost of so much blood and human lives, but that we we are practically going back to the Middle Ages and the Inquisition in the middle of the 21st century, “Minier said.
Around the case others they were sent to prison Juan Alexis Medina Sanchez, brother of Danilo Medina, Francisco Pagán Rodríguez and Achilles Alejandro Christopher Sánchez, former director general and inspection director, respectively, of the Office of Supervising Engineers of the State (OISOE).
Also, Julián Esteban Suriel Suazo, José Dolores Santana Carmona and Wacal Vernavel Méndez Pineda.
The judge also ruled house arrest against Carmen Magalys Medina Sánchez, sister of Juan Alexis, And Lorenzo Wilfredo (Freddy) Hidalgo Núñez, former Minister of Health, who will have to serve three months of house arrest, with an electronic bracelet and under the supervision of the Public Ministry.
As for the co-accused Rafael Antonio Germosén Andújar, former Comptroller General of the Republic, he must also comply with house arrest, with an impediment to leave the country, after receiving a request from the Public Ministry in this regard.