2005News

Baninter case to criminal court

Ramon Baez Figueroa, Marcos Baez Cocco, Luis Alvarez Renta and others involved in the Baninter case have been sent to a criminal court by the Qualification Chamber of the National District. The decision was not unanimous by judges Katia Miguelina Jimenez, Sergio Antonio Ortega and Esther Agelan Casasnovas. A report in Diario Libre states the previous sentence favoring Luis Alvarez Renta and Vivian Lubrano de Castillo was revoked and they were sent to a criminal court. They found serious, precise and concordant indications that compromise the criminal responsibility of the accused as established in Article 408 of the Criminal Code. The court’s decision states that Baez Figueroa was the President of Baninter and Baez Cocco was Vice President of Operations, acting as second in command of the institution, sharing responsibilities on the strategic level with Lubrano de Castillo who was assistant to Baez Figueroa, and all were members of the bank’s Board of Directors, and these would determine operational and management policies. Baez Figueroa and Baez Cocco are accused of asset laundering among other felonies. Vinicio Castillo Seman, one of Baez Figueroa’s defense attorneys, said the case will be taken to the Supreme Court of Justice for a final decision.

Listin Diario reports that Castillo Seman indicated this has been a violation of the rule of law coming from a court that has been subject to a lot of pressure by the Attorney General’s department as well as sectors of civil society and powerful economic groups interested in having Baez Figueroa convicted. Marcos Baez’ defense attorney, Dr. Toney Delgado stated they would take the case to the Supreme Court of Justice as the sentence is a violation of Article 66 of the Monetary and Financial Law that orders the completion of the administrative procedure prior to the instruction of the criminal case.

Clave Digital reports that judge Sergio Antonio Ortega had the dissident vote on every charge. It also states that the court’s decision cannot be appealed against, although the Supreme Court of Justice has previously received cases against the decisions of the Qualification Chamber when it believes that the fundamental rights of the accused have not been respected.