The Metastasis Case: President of the Judiciary Council and 15 Others Held in Preventive Detention in Quito - Latest Updates

2023-12-15 23:51:32

The president of the Judiciary Council, Wilman Terán, and 15 other people will be held in preventive detention in prison four in Quito.

With the preventive detention order against the president of the Judicial Council, Wilman Terán, and 15 other people, the formulation hearing concluded of charges for the Metastasis case, on December 15, 2023.

The national judge, Felipe Romero, accepted the request of the State Attorney General, Diana Salazar, to whom granted 90 days for the fiscal investigation in this case.

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Among his arguments, the magistrate mentioned that organized crime, a crime of which the Prosecutor’s Office accuses these people, is not comparable with the simple association to commit a crime.

He considered that the Prosecutor’s Office was able to demonstrate that there is a specific danger of the accused fleeing, or when the procedural risk is evident.

Terán is being investigated for allegedly selling sentences in favor of Leandro Norero, convicted of drug trafficking, when he was a judge of the National Court.

In addition to Terán, they must serve preventive detention in prison 4 in Quito:

Angulo Bravo Paul
Nobillo Arana Xavier
Palacios Shining Álex
Gaibor Gaibor Adolfo
Salazar Merchan Mayra
Zumba SantaMaria Santiago
Segovia Dueñas José
García Masías Sofia
Curipallo Ulloa Emerson
Aguirre Carbo María
Paredes Flores Hector
García Cedeño Gabriel
Sánchez Coello Christian
Mason Simalesa Lenin
César Manuel A.

For the rest of the detainees, the judge ruled alternative measures such as the prohibition of leaving the country and periodic presentation in the Court of Justice of each province.

However, did not give way to other requests of the Prosecutor’s Office such as the seizure of assets of the suspects or the prohibition of selling assets, considering that they were not well identified.

The audience The presentation of charges in the Metastasis case for alleged organized crime was resumed on the afternoon of this Friday, December 15, 2023, after almost eight hours of its installation.

The proceedings take place in one of the rooms of the National Court of Justice, in the north of Quito, since Thursday night December 14, 2023, hours after the raids and arrests of the suspects.

Due to the large group of those investigated (about 30 people), the lawyers were divided into two rooms. In the first, they followed the hearing in person, and another group of legal representatives did so electronically.

Meanwhile, the processed, who also attended the Court building, were also unable to enter the hearing room, so they had to follow the proceedings from an adjoining room.

In the building, located north of Quito, a large police contingentsince December 14. elite teams They guard the access to the courtroom and police from the preventive axis have three controls on the ground floor and the first floor of the Court.

Judge orders remand in custody against Wilman Terán

The charging hearing resumed at 5:30 p.m. Before the audience, the judge Felipe Córdova declared himself competent to continue with the processing of this case.

In this context, the magistrate announced his verdict on the future of the detainees, against whom the Prosecutor’s Office requested preventive detention, as well as the seizure of assets and the prohibition on the disposal of assets.

Before making a resolution, the magistrate mentioned that organized crime, a crime of which the Prosecutor’s Office accuses these people, is not comparable to simple association to commit a crime.

The judge considered that, according to the standards of the Inter-American Human Rights System, preventive detention is applied when there is a pspecific danger of flight of the accused, or when the procedural risk is evident.

However, the judge did not grant the request of the lawyers of the majority of the accused (13), among them, the president of the Judiciary Council, Wilman Terán, that alternative measures to preventive detention be issued.
Once all the interventions of the defendants’ lawyers and the respective responses had concluded, Judge Felipe Córdova gave a break of one hour and 15 minutes, and then issued his resolution.
Once the round of presentations concluded, prosecutor Diana Salazar expressed that the evidence of roots presented by the defendants’ lawyers does not guarantee the normal development of the process, which is why she asks the judge to dismiss them.
Lawyers ask for alternative measures to preventive detention

At 12:00, the lawyers continue presenting their arguments to request the judge to do not accept the request for preventive detention that prosecutor Diana Salazar made and, in its place, they ask for alternative measures, such as periodic appearances in court.

“There are no elements to justify preventive detention,” said the defense lawyer of the president of the Judiciary, Wilman Terán.

Some lawyers presented proof of roots and other medical certificates to request alternative measures.
Prosecutor’s Office requests preventive detention

At approximately 03:30, the Prosecutor’s Office requested preventive detention for the accusedwith the exception of former Judge Ronald Guerrero, for whom he requested house arrest for being an older adult.

In addition, it was requested that the accounts be retained and a prohibition on the disposal of assets of all those investigated.

When it is already 06:00, the hearing continues with the presentations of the defendants’ lawyers, who refute the request of prosecutor Diana Salazar.
Until 01:15, on December 15, 2023, prosecutor Diana Salazar continued reading the chats found on Leandro ‘El Patrón’ Norero’s phone.

Then you must request precautionary measures for each of the defendants. Defense attorneys will be able to challenge that request. The final decision will be in the hands of Judge Córdova.
Norero and his criminal orders

During the charging hearing in the Metastasis case, prosecutor Diana Salazar read hundreds of messages that were found on Leandro Norero’s cell phones, Ecuadorian drug trafficker murdered in October 2022.

For example, in June 2022, when Norero was already detained in the Latacunga Prison. Norero was talking to his partners about how the judge Angel Lindao, to the one who paid bribes, returned the goods that had been seized after his arrest.

But, Norero said that the agents of the Anti-Money Laundering Unit of the National Police “were flying sparks” over this news and that “It would be healthy to throw two or three so that they feel“.

According to Salazar, these messages refer to criminal jargon used to order the murder of a person, in this case police officers.

But, most of the chats about alleged attacks that Norero planned from prison are in against Lidia Sarabia, tax agent who is handling the case for alleged money laundering against Norero and his family.

In dozens of messages, Norero and his lawyers talk about how uncomfortable Sarabia was for them. They share her phone numbers, photos of her, her house, her sisters, her parents and other relatives of hers.

Y They analyze how to harm him. They talk about killing her and passing it off as robbery. Or putting a bomb in her car or having her apartment catch on fire.

To harm Sarabia, the lawyer even suggested to Norero have money deposited into your account from China or Europe. And then that information is leaked to La Posta so that it affects its reputation.

In other conversations, Norero speaks with Daniel Salcedo, who is part of a hospital corruption network and is a fugitive for the Metastasis case. Salcedo tells him that “there will be a problem, if people know that I am moving your songs.”

Norero responds that there is no problem, that all his enemies are dead. And he confesses that He ordered Harrison Salcedo to be killed, lawyer who had ties to Los Choneros.

According to Norero, Harrison Salcedo had insulted his mother, and had teamed up with ‘Fito’ and ‘Junior’ to kill him. But he was ahead of them.

Another case in which Norero and his lawyers incriminate themselves is that of journalist Gerardo Delgadooriginally from Manta and who was a candidate for a councilorship for the Citizen Revolution.

In the messages, Norero and his trusted men talked about attacking a Manabi journalist named Patricio A. because he had a video that was harmful to them. But, they got confused and killed Delgado.

Finally, prosecutor Salazar exposed chats that show that Norero and his allies continued, from mid-2022, to Fernando Villavicencio, former presidential candidate who was murdered in Quito, in August 2023.

In the chats, Norero asks one of his lawyers to get Villavicencio’s personal number. As well as his address and that of his wife and lover to “send him to the boys.”
After 11:00 p.m. on December 14, prosecutor Diana Salazar continues with her presentation of the convincing elements of the case. In the end will request precautionary measures for the defendants, which could include preventive detention.

Then, the lawyers of the 31 defendants will intervene to refute that request. And in the end, Judge Córdova will decide on these measures and will declare the beginning of the tax investigation that will last 90 days.

Although, Salazar He announced that he will later link seven other people who are fugitives, like Daniel Salcedo and Christian Romero, lawyer of former vice president Jorge Glas.

At the moment, the Prosecutor’s Office is only prosecuting the 31 investigated that it was able to arrest.

For the escape of the others, Salazar blamed to former president Rafael Correa, who warned of the operation on social networks hours before it.
The formulation of charges

The Attorney General took about an hour to relate How the criminal structure was configured. Judges, prosecutors, judicial officials, lawyers and police officers would have participated in this.

Everything revolves around Leandro Noreroa drug trafficker who was detained in the Cotopaxi Prison and was murdered in October 2022.

According to the Prosecutor, through his lawyers, Norero paid tens of thousands of dollars to judicial, government and police officials. in exchange for decisions and information to obtain favorable decisions in cases and judicial resources.

For example, Helive Angle, alias ‘Estimado’, Norero’s trusted lawyer, approached Alex Palacios, who was deputy legal coordinator of the National Court of Justice to advise and help him in the purchase of judges of the Family Chamber, that they would have to process an appeal for a habeas corpus to free Israel Norero, brother of alias ‘Patrón’.

Salazar assured that Palacios responded to Wilman Terán, current president of the Judicial Council and who at that time was a national judge. Currently, Palacios is provincial director of the Judiciary Council, appointed by Terán.

Salazar reported that in the chats it is evident that in the negotiations in which Palacios participated, he acted as emissary of Terán. Even in a chat, the prosecutor said, she details that Palacios told ‘Dear’ boss I wanted to address the issue of bribery in person. And there is evidence that Ángulo was in Terán’s office, since a photo was taken at the scene.

The Prosecutor’s Office found all this information on Norero’s cell phones, which they found in the Latacunga prison. In total, the Public Ministry has 14,000 chat sheets that were exchanged through an encrypted messaging application often used by criminals.

In the Latacunga prison, according to the Prosecutor’s Office, Norero enjoyed benefits and comfort thanks to the collaboration of Daniel Mendoza and Daniela Benítez, prison officials who work for Norero.

But, according to Salazar, for Mendoza and Benítez to help Norero, received the approval of Pablo Ramírez, general of the Police who at that time headed the SNAI. Whom the Prosecutor referred to as a true ‘narcogeneral’.

In his intervention, the Prosecutor’s Office spoke of the delivery of jewelry, cash, transfers and checks in favor of judges from Guayas, Santo Domingo and Cotopaxi who handled the Norero cases. In exchange, the magistrates modified the criminal offenses, returned Norero’s assets and released his family.

The bribes even reached the Prosecutor’s Office. Agent María José Aguirre would have received a wallet Cartier valued at USD 8,000 to favor Norero and also to send Real Estate officials who seized his assets to prison. The ultimate goal was for these officials to be murdered in prison.

On the side of the PoliceHowever, the Prosecutor’s Office indicated that there was officers and troop agents who work for Norero and who invented operations to prevent the seized items from being handled by the State.

According to the Prosecutor, Norero’s organization planned crimes against the public administration through entities such as the Municipality of Manta, in coordination with former mayor Agustín Intriago, who was assassinated in mid-2023.
The Prosecutor’s Office begins with the accusations

After the installation of the hearing, the fiscal Diana Salazar It started to state the charges against those investigated.
Judge Córdova declares the arrests legal and sets up the hearing

After a little more than an hour of deliberation, at 9:19 p.m. on December 13, Judge Felipe Córdova continued with the process of the Metastasis case regarding the legality of the detention of 31 people.

First, regarding the allegations of some defendants, that the judge I did not have competence to take on this case, since it corresponded to an anti-corruption judge, Córdova responded that because this case involves officials with national jurisdictionthe process must be processed from the first stage before the National Correa.

Regarding the allegations that some of those investigated They were not read their rights. constitutional provisions at the time of their arrests, Judge Córdova indicated that this contradicts with the information collected in the police reports.

Most of the lawyers Of the 31 detainees, they stated that at the time of their arrests, the police agents and prosecutors did not inform them of the reason for their detention.

However, Córdova recalled that in the arrest warrants To guarantee the presence of those investigated at the hearing to formulate charges, included a summary of the caseso all the detainees were notified with the reason for the investigation and arrest.

Furthermore, about the Terán’s complaints who said that he had cruel or inhuman treatment, the magistrate pointed out that the medical certificate that appears in the file does not realize of that kind of effects.

Also, the Judge, discarded due to inadmissibility order of the Head of the Judiciary that the process be suspended and the case be sent to the Constitutional Court.

Finally, about the recusal demand that Terán presented against him, Córdova pointed out that he still has not been notified formally with this resource, so a suspension cannot be applied.

For these reasons, Córdova declared the arrest legal of 31 people for the Metastasis case and declared the hearing installed formally
The judge dictates a second recess

Judge Felipe Córdova deliberates with his team prior to the hearing to formulate charges in the Metastasis case, on December 14, 2023. FIRST FRUITS

After all the interventions, Judge Felipe Córdova gave a 30 minute break for deliberate and speak out. If your decision is positive, only then will the charging hearing begin.
Prosecutor Salazar dismisses Terán’s arguments

After the intervention of all the lawyers, prosecutor Diana Salazar said that it is false that those investigated don’t know the reasons for which they have been detained and for which they will be prosecuted.

He added that in each of the police reports The reasons why each person was detained are recorded.

For this reason, Salazar requested that the legality of the detention of 31 people and that install the audience formulation of charges.

Regarding the challenge presented by Wilman Terán, Salazar indicated that when he formulates charges he will understand that this is the mode of operation of this organization to seek impunity.

He added that, according to the Organic Code of Processes (Cogep), the substantiation of a case due to a challenge is suspended only when the judge is legally cited with the demand, which has not yet happened.

Regarding the beginning of the Metastasis case, the Fiscal General said that they were carried out 38 raidsin which 31 people were arrested and 111 cell phones, eight firearms, jewelry, documents and USD 70,480 in cash were seized.
Wilman Terán’s intervention

The president of the Judiciary, Wilman Terán, asked to intervene. First, he noted that he has felt that the right to his defense has been violated, by being in a room other than the one in which the hearing takes place.

About his detentionsaid that it has been the subject of a cruel and degrading treatment. He added that the police officer who detained him did not tell him the type of crime for which he was detained. But he managed to see that the order said hitmen and organized crime.

“I have passed in a stiff chair since that hour, without access to toilet, food or liquid to maintain the necessary vitality,” said the head of the Judiciary.

Finally, Terán ratified the recusal demand against Córdova. He said that he feels no guarantee of transparency, nor confidence in the judge. And he asked that the process is suspended of the case and that the file be sent to the Constitutional Court (CC) for analysis.
Terán’s defense challenges Judge Córdova

Around 7:00 p.m. the time came for the intervention of Pablo Ramirez, former director of the SNAI. His lawyer pointed out that, like the other defendants, they did not communicate what were the reasons.

By Wilman Terán lawyer Fausto Flores intervened. The defender insisted that the rule obliges police officers and prosecutors, who carry out an arrest, to communicate the reasons to the person under investigation and that this would not have been fulfilled in the Metastasis case.

According to Flores, the police who explained at the hearing the alleged legality of the arrests, It is not the same who was there and prepared the report on the arrest of the president of the Judiciary, which would constitute the first illegality.

He added that the police part determines that the arrest was at 00:20. But the ticket notification of the start of the preliminary investigation was signed at 04:00. That is, Terán would have spent almost four hours without knowing why he was detained.

For these reasons, both Ramírez’s and Terán’s defense requested that their arrests be declared unconstitutional.

Furthermore, before finishing his intervention, the lawyer Flores handed over to the judge Felipe Córdova a lawsuit recusal, with which he hopes that he will be removed from his position.
The arguments about the arrests

Within the exhibitions, Emerson Curipallo, a judge from Santo Domingo who gained notoriety for the release of Jorge Glas, asked intervene personally in the audience.

Judge Córdova granted that request and Curipallo indicated that, at the time of his arrest, at his home, he asked the agents what the reason was and they initially responded that for a reason hitman crime.

But he added that, later, they told him that because illicit association. And, finally, they told him that it was an arrest warrant for guarantee your presence at the charging hearing.

This argument coincides with what was expressed by the majority of the more than 10 investigators who have intervened until 6:00 p.m. on December 14. They state that they were not informed of the reason for the arrest.
The lawyers resume their presentations

In the hearing room of the National Court of Justice, the actions prior to the hearing to formulate charges in the Metastasis case resume.

The defense attorneys had about 45 minutes to speak with their representatives and review the parts of the arrests. At this time, lawyers will continue to rule on the legality of the arrests.
The defenders’ turn and the first pause

Alex Palacios’ lawyer was the first to speak out. He said that although they read him his rightshis client never received the information why was he arrested. Glenda Ortega’s lawyer pointed out the same thing. They both agreed that this is a violation.

While the Public Defenderthrough Paúl Guerrero, said that until this moment they have not made contact with the 10 people they represent, so they cannot speak out.

Faced with this situation, Judge Córdova decided to give a period of 15 minutes so that public defenders can make contact with their clients. And also so that all lawyers check the police reports about each arrest.
The Police defend the constitutionality of the arrests

The police captain who was in charge of arresting the defendants reported that in each case the rights were read constitutional.

After this argument, Judge Córdova gives way to the defense of each investigated so that they can rule on the legality of each person’s detention.
Wilman Terán asks to defend himself

One of the lawyers of the president of the Judiciary, Wilman Terán, told the judge that his client has asked to exercise his self defenseso he requests that they leave him enter the room.
Pre-hearing reviews begin

In the room you can see the presence of lawyers of the more than 30 investigated. About 10 do not have private defense, so they will be represented at the hearing to formulate charges for public defenders.

While, the president of the Judicial Council, Wilman Teránhas five defenders.

Furthermore, before formally beginning the hearing, Judge Felipe Córdova has requested the presence of the police to expose the details decade detention and thus verify their constitutionality.