In the framework of the criminal trial for the crime of human trafficking for labor exploitation of the abaca farmer victims, it became public knowledge that the lawyer Mirian Cecilia Yánez, former president of the Criminal Guarantees Court that is trying the Furukawa Plantaciones CA company of Ecuador and several of its historical directors for this crime, in parallel for almost two years (from January 2023 to December 2024) and, secretly, had been sharing the exact defense attorney with one of the defendants who was being tried in the human trafficking case, specifically Mr. Paúl Israel B. This fact puts the objectivity required to guarantee a fair trial at risk.
As an initial context, the Law requires judges to recuse themselves from hearing a case when there is a conflict of interest with one of the parties or their lawyers, as in the present case, where Judge Mirian Yánez created a link due to economic interests with her defense attorney. This situation was not communicated but was discovered by the victims of the abaca farming, who demanded the recusal of Judge Yánez so that she could be removed as a judge, and which was later joined by the Prosecutor's Office through Dr. María Susana Rodríguez. This fact puts the objectivity required to guarantee a fair trial at risk.
The recusal hearing took place on December 17, 20 and 23, 2024, where the following facts should be highlighted:
Judge Mirian Yánez did not present any evidence to disprove the accusations of lack of impartiality. Still, when she answered the lawsuit and in her testimony, she admitted that the lawyer of the defendant, Paúl Israel B, was her lawyer since 2023, even though she had entrusted him with her defense in a criminal investigation that has just been initiated in the city of Guayaquil, likewise, that she paid her professional fees, in cash and without an invoice. By way of justification, she indicated that she does not consider these facts as a cause for excuse, that everyone knows that her lawyer got married and baptized her children, that he did not invite her but did invite several other judges, that she was able to verify this on the social network Facebook, where she "does not remember" if she is friends with her defender.
The Court, in turn, in charge of the reporting judge, attorney Sandra Bósquez, ordered evidence to facilitate a decision days before the hearing was held, requesting certified copies of acquittal judgments of recusal against Judge Yánez for reasons other than those demanded, a request that was made without motivation or justification of the reasons for using this legal figure that is exceptional, or on the conduciveness, pertinence or usefulness of the same, additionally giving the parties 5 minutes to review said evidence that consisted of more than 40 pages. Faced with the protest of the lack of justification for this request, Judge Bósquez threatened the lawyers of the victims of the abaca farming with sanctions. In addition, Judge Bósquez left the Prosecutor's Office defenseless by declaring its announcement of evidence inadmissible.
Following the evidentiary exercise and arguments of the plaintiffs (cocaine growers and the Prosecutor's Office), in the re-installation of the hearing on December 23 (telematic), the Criminal Court of Guarantees, composed of judges Sandra Bósquez and Agustín García, accepted the request for recusal against Judge Yánez Vallejo, removing her from the hearing of the human trafficking case. Notwithstanding the above, after the telematic hearing on December 23, 2024, when the Zoom platform connection was still active, Judge Sandra Bósquez questioned the resolution issued moments before. The complaints and screams of the judge mentioned above were heard by the people who remained in the virtual room. This behavior is improper and raises even more doubts about the conduct of the case.
Although we consider this decision a significant step forward, serious concerns remain regarding Judge Mirian Yánez's statements under oath in her testimony, specifically regarding who and how many Santo Domingo judges share social and family activities with defendants' lawyers and judge their clients simultaneously. These issues must be immediately clarified due to the transparency the Judiciary owes to the citizenry. Once again, the rights of the abaca workers have been violated.
What's next in the process?
With the recusal accepted by the Criminal Court, the next step is appointing a new judge to replace Judge Yánez Vallejo and join the Criminal Court, thus continuing the process. Of course, the appointment must be transparent and free of influences so that the victims have access to impartial and effective justice.
As the Furukawa Never Again Solidarity Committee, we will remain vigilant, documenting each stage of the process and denouncing any irregularities. The story of the families affected by Furukawa is an urgent call to build an independent judicial system capable of acting firmly against abuses of power and injustice.
JUSTICE THAT TAKES TIME IS NOT JUSTICE!
JUSTICE WITHOUT ACCOUNTABILITY AND SANCTIONS IS IMPUNITY!
Communication Furukawa Solidarity Committee Never Again +593 99 9311384
Comments