The framework of the lawsuit
A judge should have four characteristics: listen politely, respond intelligently, prudent consideration and decide impartially – Socrates
All just trials must be based on proven accusations, rely on the judge’s impartiality, held within a reasonable time and independent from Government intervention. Are these minimal conditions met in the Filanbanco case?
1. PROVEN ACCUSATIONS
According to Article 11 of the Universal Declaration of Human Rights, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense”. In the Filanbanco case, there are numerous facts and evidence that proves the innocence of the Isaias brothers. In this video, Roberto Isaias speaks about the absence of clear accusations against the former shareholders. Click here to view the video.
2. REASONABLE TIME
The excessive delay in bringing a case to trial or completing the legal procedures is an established violation of International Human Rights.
It has been seven years since the Supreme Court of Justice made the accusations against William and Roberto Isaias. Seven years in which, the rights of the accused have been violated, defense allegations have been refused and resources nullifying the case have been declined.
3. INDEPENDENCE FROM POLITICAL POWER
Article 10 of the Universal Declaration of Human Rights proclaims that, “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”.
The procedure governing the Filanbanco case has been constantly subjected to political intervention. That was expressed by Miguel Davila, an economic analyst, in this video. Click here to view the video.
In this other video, Cesar Gaviria, ex-Secretary of the Organization of American States (OAS) expresses his opinion on the importance of the independence and autonomy of the judicial branch. Click here to view the video.
4. JUDGE’S IMPARTIALITY
As stated in Article 8 of the Universal Declaration of Human Rights: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law”. The Filanbanco case has never complied with this universal right. Ramon Rodriguez, appointed on December 4, 2004, as the President of the Supreme Court of Justice, has stated: “all of the alternate judges have been political appointments”, admitting that “the President proposed that I preside the Supreme Court”. Miguel Davila, an economic analyst, speaks on the lack the judge’s integrity in this case. Click here to view the video.
FROM HERE WE DEMAND A JUST TRIAL THAT COMPLIES WITH ALL THE NECESSARY GUARANTEES
