Furthermore, the Northern District Appellate Court Criminal Chamber issued a certification indicating that
Prosecutor Sequiera “did not appear at the proceedings.”73
53.
On October 21, 2002, Mrs. V.P.C. lodged a complaint with the Attorney General’s Office
alleging that the prosecutor who had taken up the case, Ana Sequeira, did not appear at the proceedings in the
second instance.74 She maintained that the prosecutor did not guarantee her daughter’s rights.75 She also
alleged that during her daughter’s forensic medical examination, the judge allowed people unrelated to the
examination to be present.76 She maintained that the judge allowed Mr. Rodríguez’s defense to refer to her
and her daughter “in immoral terms.”77 She maintained that the defense delivered a suspicious package to the
judge, as well as to members of the jury.78
54.
On November 8, 2002, Mrs. V.P.C. lodged a complaint with the Disciplinary Committee of the
Supreme Court of Justice regarding the irregularities mentioned in the above paragraph allegedly committed
by the presiding judge, Adriana Molina.79
55.
The Commission has no information on any steps taken in connection with the two
complaints referred to in the preceding paragraphs.
56.
On January 13, 2003, the Criminal Chamber of the Northern District Appellate Court issued a
judgment upholding the appeal remedy filed by Mr. Rodríguez’s defense team.80 The Chamber’s ruling stated
that:
(…) the judge (…) in issuing this judgment (…) on May 13, 2002, exceeded her authority by
basing her ruling on the doubt of the accusers. (…) and doubt must always be interpreted in
the way that best favors the accused (…).81
57.
Consequently, the Chamber found that since the judge in question acted “in a notoriously
anomalous way,” it had to establish “the substantial and absolute annulment of the proceedings as of [that]
ruling.” The Chamber also ordered the release of Mr. Rodríguez. 82 Finally, it requested that the corresponding
court open the evidentiary phase of the annulment appeal.83
58.
On March 10, 2003, the Office of the Prosecutor for the Defense of Human Rights issued a
communication identifying the different irregularities during the proceedings. 84 These include, among others:
73 Annex 21. Certification of the Northern District Appellate Court of September 26, 2002. Annexed to the communication from
the petitioner received on February 12, 2003
74
Annex 22. Official note from V.P.C of October 21, 2002. Annex H to the Communication received on March 16, 2005.
75
Annex 22. Official note from V.P.C of October 21, 2002. Annex H to the Communication received on March 16, 2005.
76
Annex 22. Official note from V.P.C of October 21, 2002. Annex H to the Communication received on March 16, 2005.
77
Annex 22. Official note from V.P.C of October 21, 2002. Annex H to the Communication received on March 16, 2005.
78
Annex 22. Official note from V.P.C of October 21, 2002. Annex H to the Communication received on March 16, 2005.
79
Annex 23. Brief from V.P.C. of November 8, 2002. Annex K to the communication received on March 16, 2005.
Annex 19. Judicial resolution of the Criminal Chamber of the Northern District Appellate Court, January 13, 2003. Annex H to
the communication received on March 16, 2005.
80
81 Annex 19. Judicial resolution of the Criminal Chamber of the Northern District Appellate Court, January 13, 2003. Annex H to
the communication received on March 16, 2005.
82 Annex 19. Judicial resolution of the Criminal Chamber of the Northern District Appellate Court, January 13, 2003. Annex H to
the communication received on March 16, 2005.
83 Annex 19. Judicial resolution of the Criminal Chamber of the Northern District Appellate Court, January 13, 2003. Annex H to
the communication received on March 16, 2005.
84 Annex 24. Report from the Office of the Prosecutor for the Defense of Human Rights of March 10, 2003. Annex G to the
communication received on March 16, 2005.