Despite acknowledging that Ricardo Martinelli was not charged in the case of the alleged punctures, the guarantee judge, Elkis Martínez, preferred to “flee” so as not to review the decision made by the Supreme Court of Justice and that the defense of the former president considered arbitrary.
In a hearing on the violation of rights, requested by the defense of Martinelli, Judge Martínez endorsed the decisions made by the guarantee judge Jerónimo Mejía and that the defense considers violate the legal rights of the ex-president.
The argument that Martínez used, according to the defense, is that she could not review decisions of her superiors, because the legal norms prevent it.
Faced with this decision, Martinelli’s lawyers announced that they will present several legal remedies, among them, a protection of fundamental guarantees and a warning of unconstitutionality.
“We do not agree with the judge’s criterion that although she admits that there is no charge, despite the fact that the prosecutor says there was no charge, she says that because a judge of guarantees in the Court made a decision, she did not I can review it ”, emphasized lawyer Alfredo Vallarino.
He warned that, in his opinion, “any guarantee judge who knows of any person who has not been charged, has to make a decision, and cannot run away from that decision.”
For his part, Alejandro Pérez, also Martinelli’s lawyer, said that the judge was not fair because the defense only allowed them to sustain their requests for 30 minutes, while the seven plaintiffs were allowed to speak for half an hour each.
Pérez denounced that he was “truly dismayed” because one of the plaintiffs’ lawyers arrived “drunk” at the hearing yesterday.
“The issue could not really be adequately debated, because while we in defense were given 30 minutes, they were 7, and each one was given 30 minutes,” questioned the lawyer.
He affirmed that in synthesis the judge of guarantees argued that she could not make a decision above the Supreme Court, without even entering to assess whether those decisions were legally valid or not.
“For her the most important thing is that she could not go above the decisions of the Court,” he emphasized.
However, Pérez assured that in the country there are legal antecedents of two deputies, such as Martinelli at the time, who were charged before being brought to trial before the Supreme Court.
“Both were charged with charges, but Ricardo Martinelli was not,” he said.
Pérez also criticized Judge Martínez for denying the request for prescription of the puncture case, arguing that the defense did not provide him with enough inputs, when they were only granted 30 minutes to make their proposals.
“The bulk of her decision is that no matter what the Court of Jerónimo Mejía and Harry Díaz did, if it was arbitrary, illegal or unconstitutional, she said she could do absolutely nothing, because they have to abide by the decisions of their superiors ”, he specified.
Former President Martinelli himself questioned Judge Martínez’s decision, noting that he was the only deputy and citizen who was not charged.
Is that justice or selective political justice? Martinelli asked on his twitter account.
When the investigation into this case began, Martinelli was a deputy of the Parlacen.
Just yesterday, the lawyer Alfredo Vallarino presented a warning of unconstitutionality before the Supreme Court of Justice.