Porvenir “Massacre” Case Was Fabricated and Planned | Caso “Masacre” de Porvenir fue armado y planificado

By Eju.tv:

Porvenir Massacre Case Was “Fabricated and Planned” by Quintana, Says Defense of Leopoldo Fernández

The president of the Criminal Chamber, Carlos Ortega, explained that the ruling responds to Constitutional Ruling 405/2023-S4, which establishes as binding precedent that former prefects must be tried under the mechanism of a trial of responsibilities if the events occurred while performing their official duties.

The Supreme Court of Justice (TSJ) annulled the ordinary trial against former Pando prefect Leopoldo Fernández over the events known as the “Porvenir Massacre” and ordered the case to be sent to the Attorney General’s Office for processing through a trial of responsibilities. Fernández’s defense welcomed the decision, considering that after 18 years, his special jurisdiction as a departmental authority was finally recognized.

“With the supreme order issued by the Criminal Chamber of the Supreme Court, which declared the nullity of the ordinary trial and determined that the case be sent to the Attorney General to carry out a trial of responsibilities according to Law 2445,” stated his lawyer, Karlo Brito, today (5). He emphasized that from the very beginning they demanded respect for the natural judge in Pando.

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The attorney also claimed that the case against his client was “a politically fabricated trial” orchestrated by Juan Ramón Quintana. “He was forced, brought from Pando, and never allowed to leave again. Everything was planned with the state apparatus at the time,” he stressed.

The ordinary sentence against Fernández was issued in 2017 and entailed 15 years in prison for the crime of homicide in a trial conducted in La Paz. According to Brito, that trial violated fundamental guarantees by imposing a jurisdiction that was not applicable. “A trial court was set up, and an ordinary trial was carried out when a trial of responsibilities was the correct procedure,” he asserted.

Ortega reiterated that the ruling follows Constitutional Ruling 405/2023-S4, which sets the binding precedent that former prefects must face a trial of responsibilities for acts committed while in office.

Fernández was charged along with 13 others for the deaths of 15 people in September 2008 after a clash between peasants and officials of the then-prefecture. The victims were intercepted in the town of Porvenir as they marched toward the National Institute of Agrarian Reform (INRA).

Lastly, the lawyer highlighted that more than 10 years of detention severely affected Fernández’s health. “He has been in Chonchocoro, San Pedro prison, and under house arrest. It has been a very hard road, but with his strength, he has managed to endure,” he concluded.

By José Vasquez

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