God The Constitutional Court decided to reject the requirement of lack of implementation due to the lack of constitutionality presented by the doctor Pedro Valdivia, As part of the investigation into the death of former President Eduardo Fray Montalba.
By the vote of six votes in favor and two against, the ministers Gonzalo Garcia, Juan Jose Romero, Maria Luisa Braham, Nelson Fuzo, Maria Pia Silva and Miguel Angel Fernandez voted to reject the presentation of Valdivia,
While the ministers Jose Ignacio Vasquez and Ivan Erostica, who run the court, voted for the motion.
With that judge Alejandro Madrid is able to issue the verdict in the first case against the defendants accused of murdering Eduardo Fry Montalba in January 1982.
At the end of September, the person responsible for appealing the appeal of Vladivio Soto announced that although the request was requested to review several violations of the law in the course of the investigation, the court will rule on three of the 11 points included in the petition. Of impotence.
In particular, only the aspects associated with the admission without the presence of shield were declared admissible.
In addition, the attorney general denied the suspension of the case headed by Madrid, as required by the doctor, so that the judge can issue a verdict.
Valdivia's defender, Claudio Feller, pointed out 16 years ago that the judge was investigating this reason, as a factor that would ask his objectivity before he heard the sentence.
"There are certain rules of the old criminal procedure code that allow the judge to evaluate the evidence and assess the legal qualification, in circumstances that the judge in charge of the case has been investigating the case for 16 years, therefore, in our opinion, necessarily, naturally, because of those 16 years, Exclusive devotion, have lost their impartiality, "he said.
He emphasized this "This is a built-in right to due process, to be judged by a partial judge, that's the argument."
In August this year, Tourism Minister Alejandro Madrid filed an indictment for the murder of six defendants in the death of former president Fry Montalba.
The judge accused the former driver of Fry and former agent of the National Information Center (CNI), Luis Becerra; The doctor who worked on the Fry crisis, Patricio Silva; And the former agent of Dina and the army, Raul Lilo.
Madrid was accused of collaborating with Pedro Valdivia, who provided services to the CNI, as well as references to the sociologists of the Catholic University, Elmer Rosenberg and Serge Gonzalez.
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