A contradiction that could be decisive in the case which is investigated against the former Director of the National Police, Gustavo Pérez, was revealed by the defense of the former director, which pointed out that now the authorities do not speak of an alleged eavesdropping protected witness, but a simple "complainant".
Yesterday the legal team of Mr. Perez and some of his family members repudiated how this case has been handled, referring to a protected witness who has been requested proofs, but not only has this alleged witness refused to do so, but also in one of the preliminary hearings it was explained that this person is a simple "complainant".
Given this, some lawyers agree that Gustavo Pérez´s rights and fundamental guarantees have been violated which has caused his health to deteriorate, because they have retained baseless retained him for almost 563 days.
What is more the precautionary measure has not been approved to be changed, rejecting "an accumulation of evidence in favor of the prosecuted former official, which translates in a violation of the right to a defense".
The above is based on the fact that the Second Anti-corruption Prosecutor has ordered the preventive detention of Gustavo Pérez, violating article 2033 of the Judicial Code, associated with the expiration of the term for investigating and an extension granted by Court".
This situation also was lamented by the mother of Mr. Perez, Gerta De La Ossa, who is clamoring for her son´s release, because he has already been in prison for a year and seven months without legal proofs for his detention.
"I do not understand the wrath against an innocent person" Gerta De La Ossa said, questioning the way the authorities have handled the case of her son.
In a press conference by activists of the Cambio Democrático (CD), it was reported that Gustavo Perez´ likely release is getting close, however the authorities of the Public Ministry (MP) are opening a new file to prevent his release.
A court of law had ordered a precautionary measure other than preventive detention in favor of Gustavo Pérez, in the case of telephone wiretapping, however, a ruling that condemns him to six years in prison for a gun ownership at home has kept him in jail.
Now Perez´s lawyers lodged an appeal before the Second High Court of Justice against such judgment, which would suspend the decision of the Court, should it be accepted causing his release, but could become stuck with the new process.
They also clarified that the status of innocence of their client remains, which lead to the innocence presumption and the fulfillment of the inquisitive regulations such as the "presumption of guilt".
