On the night of April 9, the Presidency of the Republic ordered the National Comprehensive Care Service for Adults Deprived of Liberty and Adolescent Offenders (SNAI) to appeal the decision of Judge Diego Moscoso, of the Manglaralto Multicompetent Judicial Unit, in Saint Helena, who granted the habeas corpus in favor of former Vice President Jorge Glas Espinel.
The Secretariat of Communication of the Presidency of the Republic issued a statement to inform the SNAI about the presidential order, although that body published an official communication an hour before on its social networks to indicate that “being an executing body within the centers of deprivation of liberty, and in strict respect for the independence of functions, must abide by the measure that corresponds to an exclusive decision of the Judiciary.”
Release ticket issued in favor of former Vice President Jorge Glas Espinel after the ‘habeas corpus’
Judiciary
While the Council of the Judiciary, also in a statement, indicated that the SNAI has the power to present the appeals it deems pertinent against the sentence issued.
That since it is a jurisdictional action and decision, the Judiciary Council is obliged to respect the principle of internal independence, so it is not up to it to rule on the merits of the judge’s decision.
Due to ruling 3-19 CN/20 of the Constitutional Court of July 29, 2020, as well as the reforms to the Organic Code of the Judicial Function of December 2020, the statement adds, the Judicial Council cannot initiate disciplinary proceedings ex officio against the judge who granted the guarantee. But that if an administrative complaint is filed, the respective disciplinary procedure will be initiated. (I)
Source: Eluniverso
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