Santo Domingo.- The National Committee to Combat Climate Change (CNLCC) on Wednesday filed suit against the agreement between Justice minister Jean Alain Rodríguez and Odebrecht.
Upon filing the lawsuit before National District coordinating judge Alejandro Vargas, the entity called it "a coup against the Dominican justice system, if this agreement isn't declared void."
It said the agreement was submitted last Friday to be approved by Vargas, despite that the organization had filed a complaint of prevarication at the National District Office of the Prosecutor the previous day against the Justice Ministry and a request to challenge the agreement, as well as a charge of bribery against Odebrecht, its general manager Marcelo Hofke and local commercial representative Ángel Rondón,.
The CNLCC said it notified Vargas on the two complaints today and a challenge to the agreement, which "the Office of the Prosecutor deliberately ignored when depositing this agreement before this judge."
"In the document handed to Judge Vargas, the group clarifies that it cannot be ignored in this process because it is a case of corruption involving State officials, so it has the quality to claim and be a party under Article 85 of the Dominican Criminal Procedural Code."
It also asked Vargas to designate the judge who'll preside over case of the complaints and the objection filed by the civil society organization and be called to defend its position that the agreement signed by the Prosecutor and Odebrecht is illegal. "Both the former judge of the Supreme Court of Justice, Julio Aníbal Suárez and the Institutionalism and Justice Foundation (FINJUS) have publicly reiterated that this agreement is illegal because bribery is a matter of public order that seriously damages the public interest as As provided by the Code of Criminal Procedure."
" bribery is also punishable by three to 10 years in prison for articles 2 and 5 of Law 448-06 on Bribes in Trade and Investment, which prevents any negotiation based on the principle of opportunity contemplated in article 34 of the Code of Criminal Procedure," the Committee notes.
He also points out that article 40 of the Criminal Procedure Code restricts the conditional suspension of proceedings "in cases in which a punishable offense punishable by less than four years in prison or a non-custodial sentence is contemplated."
"By declaring this agreement confidential, the prosecutor is violating article 19 of the Organic Law of the Public Prosecutor's Office, 133-11, which establishes the principle of probity that protects transparency in the actions of public prosecutors, especially if it's a matter as delicate as the bribe of 92 million dollars and overvaluation of works of billions of pesos taken from the pockets of the humble workers of the nation."
"The Prosecutor is obligated to inform the owner of the money of the details of this agreement," the CNLCC said.
"Attorney General Jean Alain Rodriguez is neither competent nor has the authority to have concluded the agreement with Odebrecht, which exonerates this company and its principal representatives in the country from criminal proceedings, nor to request the Public Procurement Agency to lift the ban and allow Odebrecht to contract State works and finish those in process."
"The request by the Prosecutor to rehabilitate Odebrecht is violates Public Procurement Law 340-06, especially Articles 11, 14, 36, 65 and 66, expressly establishing the lifelong disqualification of companies that Have contracted with the State in a fraudulent way, in addition to leaving without legal effect any contracts obtained with bribes and other illegal actions as has been confessed by the company itself," the Committee said.
It said the Justice Ministry wants to prevent prosecution of Odebrecht executives and the company, "arriving at an illegal agreement that the Criminal Procedure Code prohibits him and also Law 448-06 on Bribery in Trade and Investment."
It said that with the conclusion of this agreement, Rodríguez has committed prevarication as described in Articles 126 and 128 of the Criminal Code.
CNLCC spokesman speaks with DT
CNLCC spokesman Enrique de Leon, in a phone conversation Wed. with Dominican Today, vowed to continue their fight to obtain convictions in the US$92.0 million in bribes admitted by Odebrecht, and the ballooned cost of the Punta Catalina power plant.