It will come as no surprise to our gentle readers that the Chief Justice of the Supreme Court, Jorge Rivera Aviles, dismissed charges brought by the public prosecutor, Luis Rubi, against the military high command for forcibly exiling President Manuel Zelaya Rosales from Honduras on June 28.
"While there is a prima facie case and recognition by the accused of being responsible for the acts that the Attorney General identifies as crimes, in the absence of intent he has not been able to establish full proof of the commission of crimes."
Rivera Aviles argued that they acted in defense of democracy. In the legal brief dismissing the charges, Tiempo reported today, Rivera Aviles sites the grave risk to the public order, the expected loss of many lives, and the violent actions of Zelaya supporters. He also cited the lack of a safe, secure place to hold Zelaya. General Romeo Vasquez Velasquez told Radio America, "we are thoroughly pleased." The public prosecutor's office announced it will appeal.
Showing posts with label Jorge Rivera Aviles. Show all posts
Showing posts with label Jorge Rivera Aviles. Show all posts
Tuesday, January 26, 2010
Monday, January 11, 2010
Military Before Supreme Court Thursday
The five generals charged with abuse of authority and illegal extradition by the Public Prosecutor must appear before Justice Jorge Rivera Aviles on Thursday, after which he will decide whether to accept the charges or not. They are scheduled to appear at 2:30 or 3 pm. Because of security concerns, the place they are to meet was not specified by the judge.
"Because of the scope of the audience and because of security concerns, and the shared interests of the parties that will participate and the comfort of those charged, it should be a place that brings together the physical conditions to hold the hearing," said Juan Carlos Sanchez Cantillano, a defense attorney.
In an interview with El Heraldo published today, Romeo Vásquez Velásquez declined to comment on the charges.
Justice Jorge Rivera Aviles gave an interview on the program Grado 33 of Globovision of Venezuela on July 3 in which he said the capture of Zelaya was by a legitimate Supreme Court order, but that the forced exile was a necessity of the time and situation, but was not ordered by the Court. He said of Zelaya "he was disobeying the orders of the court, and that's a crime." How is it less of a crime for the Military to disobey the order of the court? He changed his mind in an interview published in La Tribuna on July 16:
"The expulsion was not ordered in the detention order and because of this we have to look at the necessities at this time, if it was the suitable thing to do, both for the life of the person detained and for national security....we'll have to weigh this later on, once its before the court."
Justice Rivera was also on the commission that nominated the Public Prosecutor, Luis Rubi, in February 2009. Given his interest in the appointment of Rubi, and that he has already pronounced publicly on the facts of the case before him, he should recuse himself, but I won't hold my breath.
"Because of the scope of the audience and because of security concerns, and the shared interests of the parties that will participate and the comfort of those charged, it should be a place that brings together the physical conditions to hold the hearing," said Juan Carlos Sanchez Cantillano, a defense attorney.
In an interview with El Heraldo published today, Romeo Vásquez Velásquez declined to comment on the charges.
Justice Jorge Rivera Aviles gave an interview on the program Grado 33 of Globovision of Venezuela on July 3 in which he said the capture of Zelaya was by a legitimate Supreme Court order, but that the forced exile was a necessity of the time and situation, but was not ordered by the Court. He said of Zelaya "he was disobeying the orders of the court, and that's a crime." How is it less of a crime for the Military to disobey the order of the court? He changed his mind in an interview published in La Tribuna on July 16:
"The expulsion was not ordered in the detention order and because of this we have to look at the necessities at this time, if it was the suitable thing to do, both for the life of the person detained and for national security....we'll have to weigh this later on, once its before the court."
Justice Rivera was also on the commission that nominated the Public Prosecutor, Luis Rubi, in February 2009. Given his interest in the appointment of Rubi, and that he has already pronounced publicly on the facts of the case before him, he should recuse himself, but I won't hold my breath.
Subscribe to:
Posts (Atom)