The bullets that killed the police officers disappeared, but not in the offices of
Fidel Araujo but in a compound guarded by forces loyal to the Dictatorship.
To show that on September 30 he was not wearing an armored vest, Araujo
donned one in front of his Judges and then put on the same shirt he was wearing
that day. His accusers had to blush at the obvious demonstration that armored
vests simply cannot be hidden.
I could go on but we’re short on space. However, since the Dictator understood
that he must go back on his ghost story, I offer him a way out: it is not a pardon
that he must process but an amnesty in the National Assembly. Amnesty is not
a pardon, it is legal oblivion. It would imply, if it is resolved, that society came
to the conclusion that too many stupidities were committed on September 30,
on both sides, and that it would be unfair to condemn some and reward others.
Why was the Dictator able to propose an amnesty for the "bigwigs" Gustavo
Noboa and Alberto Dahik, but instead he wants to pardon the "cholos"
(“mestizo”) police?
The Dictator should remember, finally, and this is very important, that with a
pardon, in the future, a new president, perhaps his enemy, could bring him
before a criminal court for having given the order to fire at will and without
warning against a hospital full of civilians and innocent people.
Crimes against humanity, don’t forget, have no statute of limitations. 75
D. The legal
authority”
proceedings
for
“serious
slanderous
insult
against
57.
On March 21, 2011, the then President filed a complaint, which fell to the Fifteenth
Court of Criminal Guarantees of Guayas (hereinafter “Fifteenth Court”), against Emilio
Palacio Urrutia, Carlos Nicolás Pérez Lapentti, César Enrique Pérez Barriga and Carlos
Eduardo Pérez Barriga, for the criminal offense of "serious slanderous insult against
authority", provided for in Articles 489 76 and 490 77 of the Criminal Code, in accordance
with Articles 491 78 and 493 79 of the same Code, as well as against El Universo Limited
Article “NO to lies” (“NO a las mentiras”) published in the El Universo newspaper on February 6, 2011
(evidence file, folios 4555 and 4556).
75
76
Art. 489. Insult is: slanderous, when it comprises the false imputation of a crime; and, not slanderous,
when it comprises any other expression uttered in discredit, dishonor, or disparagement of another person, or
in any action executed for the same purpose.
77
Art. 490. Non-slanderous insults are serious or minor: serious are: 1. The imputation of a vice or
lack of morality whose consequences can considerably harm the fame, credit, or interests of the aggrieved
party; 2. The accusations that, due to their nature, occasion or circumstance, were held in the public concept
as outrageous; 3. imputations that rationally deserve the classification of serious, given the state, dignity,
and circumstances of the victim and the offender and 4. Slaps, kicks, or other insults of act. Those that
consist of attributing to another, facts, nicknames or physical or moral defects that do not compromise the
honor of the injured party are minor.
78
Art. 491. the convicted offender of slanderous insult shall be punished with imprisonment from six
months to two years and a fine of six to twenty-five United States dollars, when the accusations have been
made: In meetings of public places; In the presence of ten or more individuals; by means of written texts,
printed or not, images or emblems fixed, distributed, or sold, offered for sale, or exposed to the eyes of the
public; or, by means of unpublished written text, but directed to or communicated to other persons, including
letters among these.
79
Art. 493. They shall be punished with one to three years of imprisonment and a fine of six to twentyfive United States dollars, those that have addressed to the authority accusations that constitute slanderous
insult. If the accusations made to the authority constitute non-slanderous but serious insults, the penalties
shall be imprisonment from six months to two years and a fine of six to nineteen United States dollars.
22