Judiciary Council Member Xavier Muñoz Detained Amidst Justice Obstruction Case
Xavier Muñoz, a Judiciary Council member, has been detained and is challenging his pre-trial detention through a habeas corpus petition.
Alex Carter
- 2023-12-29
- Updated 03:21 PM ET
(NewsNibs) - Xavier Muñoz, associated with a high-profile obstruction of justice case, was detained after a capture warrant was issued and later incarcerated at Carcel 4 in Quito early on December 29. The pre-trial detention, ordered by criminal judge Luis Rivera, is being labeled as "unjust and illegal" by Muñoz's lawyer, Richard King. The lawyer is actively seeking to reverse the pre-trial detention order through a habeas corpus petition. Muñoz's arrest followed his detention in Samborondón within Guayas province. Meanwhile, former Judiciary Council president Wilman Terán is also held at Carcel 4 for a separate but related case of organized crime.
Judicial Proceedings Underway
The legality of the actions that led to Xavier Muñoz's arrest is being scrutinized. Accusations against him include the fateful suspension and dismissal of CNJ judge, Walter Macías, a decision forged with only two votes during an extraordinary session — one supposedly from Muñoz himself, the other from former CJ president Wilman Terán. According to allegations, this act contravened various legal statutes, including article 263 of the Judicial Function Organic Code (COFJ) and articles 76.3 and 82 of the Constitution. Furthermore, details emerge implicating suspects Maribel Barreno, Andrés J., Marcela V., Carlos G., and Katherine L. in obstructing justice, pointing out a pattern of decision-making without proper case briefing and actions mischaracterized contrary to administrative complaint facts. The deputy prosecutor has raised concerns regarding the credibility of the vote by one member implicated in Macías' dismissal, citing intoxication.
Potential Impact on Judiciary Council Integrity
The situation becomes more complex as Muñoz had previously requested a 16-day vacation from the full Judiciary Council, which has not issued a response. This request is notable as it could affect his position due to unjustified absence should the habeas corpus petition fail. The concerning series of events casts shadows on the Judiciary Council's integrity and raises questions about the fairness of judicial processes within the system. The case is now in the hands of judges David Jacho, Roberto Guzmán, and Luis Adrián Rojas of the CNJ's Specialized Childhood and Adolescence Chamber, with the habeas corpus hearing date pending.
The legal community and general public are closely monitoring the developments of this case, which potentially implicates senior members of the judiciary in serious misconduct. The outcome of the habeas corpus petition and the further investigation into the alleged obstruction of justice will be critical in determining the future conduct and credibility of the national legal system.
