Defending Natural Resources, Politics
Prosecution Appeals Suchitoto 13 Case – March 6, 2008
Prosecution Appeals Definitive Liberty of Suchitoto 13, Seeks to Resume Trial for Public Disorder and Aggravated Damages
March 6, 2008
The Prosecuting Attorney’s have appealed the decision by a court in Suchitoto to grant definitive liberty to the 13 people captured on the 2nd of July 2007 in Suchitoto. Last Tuesday February 27th the Prosecution presented an appeal to the Suchitoto Court system, asking to re-open the trial for public disorder and aggravated damages against the Suchitoto 13. The Suchitoto 13 were cleared of all charges in a Suchitoto court on February 19th, in a decision that Salvadoran Human Rights Ombudsman Oscar Luna classified as “based on justice and ruled by principles of legality.”
The seven page appeal document presented by the Prosecuting Attorneys argues that Suchitoto Judge José Mauricio Henriquez who oversaw the case misinterpreted the Penal Processing Law, and did not follow procedures established by that law when the Prosecution failed to arrive to the courthouse on time for the preliminary hearing of February 19th, 2008. According to the Prosecution, the hearing should have been rescheduled for a later date.
In addition, the appeal questions the observations made in a written resolution of February 26th by Judge Henriquez, and later reiterated by Ombudsman Luna, that the Prosecution did not act responsibly and thoroughly during the investigation of the Suchitoto 13 case. In his decision, Judge Henriquez detailed shortcomings in the investigation ranging from the Police’s failure to preserve the scene of the alleged crime, inconsistent interview procedures of witnesses by the Prosecution, and the Prosecutions´ failure to present the proper documents to the court on time.
The Prosecutions´ appeal goes on to claim that the Suchitoto Judge violated the rights of the alleged victims of public disorder and aggravated damages by refusing to orally hear the Prosecutions´ case on the day of the preliminarily hearing. The Prosecution also alleges “subjectivity, partiality, lack of critical analysis, and lack of sane application of criteria” by the Judge, citing the 19 page document Judge Henriquez issued last week.
Yesterday, the Defense Lawyers for the Suchitoto 13 presented their own arguments in defense of the decision of the Suchitoto Court. The defense cited the resolutions´ respect for the rule of law and due process, its objectivity, impartiality, and the application of the right to be presumed innocent until proven otherwise.
In addition, the Defense Lawyers dispute the Prosecution’s right to appeal due to their claim that the Prosecution never presented charges, written or spoken, to the Court Suchitoto. Citing the arguments made by Judge Henriquez, the Defense claims that the appeal is invalid, because there were never any charges filed to merit an appeal. The Prosecution maintains that documents that they presented to the Special Tribunal for acts of terrorism in San Salvador should be applicable in the ordinary penal courts as well.
The Prosecutions´ appeal will be reviewed by two Judges in Cojutepeque, who must come to an agreement within 10 weekdays about whether or not to reopen the case. If they decide in favor of the decision by the Justice of the Peace in Suchitoto, the case will be closed. If they decide to approve the Prosecutions appeal, the case will be reopened, and a preliminary trial will again be held, this time in the second appeals court of Suchitoto. If the two Judges cannot reach consent, a third Judge will be asked intervene in the decision.
