Ex-president i facing justice intimidation challenge
Ex-president Ricardo Martinelli under stress as his sons face extradition to the US to face money laundering charges related to Odebrecht with the possibility of his being embroiled now faces a new legal battle over his alleged attempts to intimidate judges and prosecutors
A complaint was filed with the Public Ministry last week for the alleged commission of crimes against the administration of justice and advocacy of crime.
The complaint alleges that Martinelli exerted pressure against prosecutors, officials and former officials of the justice administration, “in order to prevent them from fulfilling their functions.”
The legal action, presented by lawyer Enrique De Gracia Lezcano, maintains that it is a public and well-known fact that the former president has been threatening, intimidating, denouncing, filing complaints and promoting kidnapping actions against prosecutors, judges and magistrates who have intervened or participate in investigations and judicial processes in which he has been immersed due to actions taken during his presidential term.
De Gracia specifies that the actions taken by Martinelli are framed in article 388 of the Judicial Code, which typifies the crime against the administration of justice.
It details that the norm states that this crime will be incurred “by anyone who, by use of physical force, threatens, intimidation or the promise of offering or granting undue benefit, obstructs or prevents the fulfillment of the official functions of an official of the Public Ministry or the Judicial Branch ”.
The complaint details that the threats and intimidation had materialized with “the illegitimate use of legal actions and statements that have been exposed to national and international public opinion.”
The targets
The actions have reached the ex- Supreme Court judges Harry Díaz and Jerónimo Mejía, who were part of the process that was followed by Martinelli and which became known as the puncture case. Díaz as prosecutor and Mejía, as judge of guarantees. He also did it against the former attorney general Kenia Porcell
He has targeted Senior Anti-Corruption Prosecutor Tania Sterling, who is investigating him for the Odebrecht bribery scandal.
His actions, also include officials from the Institute of Legal Medicine and Forensic Sciences who have evaluated him psychiatrically and physically at the request of prosecutors.
The complaint says that Martinelli warned prosecutors not to use a note from the United States Department of Justice, through which the Counselor of the Office of Legal Affairs Thomas Heinemann, assures that the specialty principle does not apply.
Martinelli said that “the prosecutor who thinks of using the letter will face legal repercussions.”
Malicious
According to De Gracia’s complaint, the actions of the former president executed against officials in charge of administering justice are clearly fraudulent, as they are aimed at causing fear to judges, prosecutors, and even administrative support personnel with the intention that they do not comply with their functions.
Roniel Ortiz, from the Martinelli pack of lawyers, alleges that the complaint filed against his client is meaningless, since all the legal actions taken by the former president against prosecutors, former magistrates and others are based on regulations contained in the Judicial Code.
