RIO DE JANEIRO, BRAZIL – The Specialized Criminal Court of the Provincial Court of Justice of Guayas ordered the release of Nixon Alejandro P. D., former police officer sentenced to three years in prison and the payment of US$639,100 for the crime of trafficking 185 tortoises on March 28, 2021 in Galapagos.
The baby chelonians were found packed with plastic inside a suitcase that the policeman tried to send to Guayaquil through the Santa Cruz airport.
The Court accepted the appeal presented by the criminal, indicating that the “prognosis of his future”, taking into account the prison reality of the country, is “uncertain”, since the inmates must “survive” to avoid being killed. The hearing was held last November 30.
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“This Court accepts the appeal of the conditional suspension of the sentence, granting it with the following conditions: not to leave the country, to repair the damages of integral reparation, that is the compensation and to guarantee its payment”, indicates the judicial record to which EL UNIVERSO newspaper had access.
Although he was released, the convict must pay the $639,100 that was imposed as full reparation for the damages.
The Court asked a “reflexive” question to the Prosecutor’s Office, who sought that Nixon Alejandro P. D. not be granted his freedom: “This court makes the following reflection, does serving the sentence guarantee the payment of the integral reparation? On the other hand, the mere fact that the appellant himself proposes a means of payment to fulfill his obligation, since it is impossible to pay at once that amount,” the document states. The defendant had been imprisoned for more than eight months.
HEARING ON THE CASE OF TORTOISES FOUND IN SUITCASE IN GALAPAGOS IS SET FOR TRIAL
The defense of the former police officer proposed that the payment be made in 28 monthly installments to the Galapagos National Park. “It is the unanimous decision, that the release ticket is issued so that the defendant regains his freedom,” said the Court in the document.
By means of X-ray machines, irregularities could be identified in the suitcase that the ex-cop tried to send where the animals were wrapped in plastic. More than 30 turtles died.
El Universo newspaper asked the Ministry of Environment, Water and Ecological Transition if there would be any statement on the issue. In the media chat on the WhatsApp network communication staff of the secretariat indicated the following: “This State portfolio has acted according to its competences, the acceptance or not of the appeal depended on the Court. We maintain respect for the institutionality of each State function, however we will be pending the process since our objective is to guarantee the quality, conservation and sustainability of natural resources.” (I)