Lease shortens as extradition request for Martinelli sons ruled valid

 The request to  the United States to extradite the brothers Ricardo Alberto and Luis Enrique Martinelli Linares , accused of money laundering, is in accordance with the law and the procedure can continue ruled   Twelfth Criminal Court Judge Óscar Carrasquilla when rejecting an appeal for annulment by  the defense

The sons of former president Ricardom Martinelli have been held in  a Guatemala prison since July 6 as a result of an extradition request from the United States, after they left that country, where they are wanted  for alleged conspiracy to launder money and money laundering linked to Odebrecht.

The Court rejected an annulment incident presented by the defense to nullify the extradition request made by the Special Anti-Corruption Prosecutor’s Office to the United States when both were in that country.

In a ruling dated August 19, 2020, Judge Óscar Carrasquilla denied an incident to declare the investigation carried out against the Martinelli Linares brothers null, arguing that the prosecution did not have the power to issue an arrest warrant for the purposes of extradition against his clients.

The appeal, presented by the Carlos Carrillo Gomila, maintains that the Special Anti-Corruption Prosecutor’s Office was not empowered to carry out the criminal action, since this was only the authority of the judge who heard the case.

The Special Anti-Corruption Prosecutor’s Office, when opposing the appeal held that this case began on December 22, 2016, so that its processing was carried out under the rules of the mixed inquisitorial system and not under the rules of the criminal. accusatory system.

Therefore, in this case, article 2497 of the Judicial Code is applicable , in which it is stated “ that the extradition of people claimed by Panamanian authorities will be managed through the Ministry of Foreign Affairs, at the request of the judge who issued the order. of prosecution or sentence, or of the corresponding official in charge of the investigation of the process for the crime in question ”.

The Carrasquilla ruling, in addition to agreeing with the prosecutor adds that a ruling by the Criminal Chamber, under the presentation of former magistrate Jerónimo Mejía, details that all cases in which it has not been initiated will be processed under the Criminal Procedure Code and that this provision began to take effect as of January 1, 2018.

The investigations involving the Martinelli brothers began on December 22, 2016, after a legal assistance requested by the Swiss authorities revealed the possible link between the two of them with the alleged receipt of funds from the structured operations department of Odebrecht. Through this department, according to company executives, bribes were managed.

On January 23, 2017, the prosecution charged the Martinelli brothers, after investigations carried out in Brazil, the United States and Switzerland into the payment of bribes by Odebrecht, identified them as involved in the case.

On March 11, 2019, the Supreme Court rejected a constitutional guarantee protection.

The Court determined that the prosecution did not violate the fundamental guarantees of both investigated, after a red alert was issued through Interpol for their arrest.