Congelan procesos penales contra Javier Duarte en el estado de Veracruz

by / 337 Comments / 5 View / 11/09/2017

A más de dos meses de haber llegado a México, y a diferencia de lo ocurrido con el caso federal, el arranque de los procesos penales contra Javier Duarte en el estado de Veracruz se encuentra congelado, debido a la revisión que sobre el caso lleva a cabo un Tribunal federal, para determinar si hubo o no irregularidades.

El pasado 27 de junio, el Poder Judicial de Guatemala autorizó la extradición a México de Duarte, por dos órdenes de aprehensión giradas por jueces de Veracruz en su contra, luego de que la Fiscalía del estado lo acusó de haber desviado 220 millones de pesos y de usar un helicóptero oficial para escapar.

Una semana después, Guatemala también autorizó la extradición de Duarte por los delitos de lavado de dinero y delincuencia organizada, que la PGR le imputó a nivel federal.

Datos a los que Animal Político tuvo acceso indican que el Primer Tribunal Colegiado en Materia Penal de la Ciudad de México inició en agosto pasado una revisión del caso, luego de que los abogados del exgobernador de Veracruz promovieron un recurso de inconformidad en contra de la suspensión definitiva que un juez de amparo le había concedido a su cliente.

A pesar de que en teoría esa resolución significaba que Duarte no podía ser aprehendido y trasladado a comparecer ante los jueves en Veracruz, el juez de amparo también ordenaba que se prosiguiera con los procesos penales, y se fijara fecha de las audiencias iniciales de forma inmediata.

Lo que los abogados de la defensa alegan es que esto no puede ser ya que, desde su punto de vista, las acusaciones de la Fiscalía de Veracruz que derivaron en las dos órdenes de aprehensión y por ende en la extradición de su cliente, no están bien fundamentadas y por lo tanto son ilegales desde su origen.

En síntesis, la defensa asegura que la Fiscalía del Estado y los jueces locales no contaban con los fundamentos y la motivación necesaria para proceder en contra de Javier Duarte, por los delitos que le imputan, lo que equivale a una presunta violación al artículo 16 constitucional, que otorga a toda persona garantías de que no se puede actuar ilegalmente en su contra.

Esto es lo que el Primer Tribunal Colegiado en Materia Penal de la Ciudad de México se encuentra analizando ahora, y se espera que la resolución se postergue por lo menos tres semanas. Mientras esto no se solucione, los jueces en Veracruz no pueden programar ni citar a las audiencias iniciales por los dos casos que hay en su contra, asentados en los expedientes 38/2017 y 56/2017.

Lo anterior significa que al día de hoy Javier Duarte permanece encarcelado en México únicamente por el caso que la PGR tiene en su contra.

El que los procesos en Veracruz no avancen impide que se le impongan a Duarte medidas cautelares por esas acusaciones. Aunque ninguno de los delitos que se le imputa es grave, los jueces en Veracruz podrían ordenar también la prisión preventiva del exgobernador  argumentando que existe riesgo de que se dé a la fuga.

Los procesos pendientes

Las dos acusaciones que enfrenta Javier Duarte en Veracruz, y cuyos procesos no se han podido iniciar, están relacionados con su fuga del país y con el presunto manejo indebido de recursos públicos. Por ello al exgobernador se le considera como probable responsable de cinco delitos: abuso de autoridad, incumplimiento de un deber legal, peculado, tráfico de influencia y coalición.

En uno de los casos se le acusa a Duarte de que haber utilizado – el 14 de octubre de 2016 – un helicóptero de la Fiscalía del estado para viajar de Xalapa a Coatzacoalcos, pese a que ya había pedido licencia al cargo dos días antes.

Este no fue un vuelo cualquiera, sino la primera parte de la ruta que siguió para escapar del país rumbo a Centroamérica. Por este mismo caso se encuentra hoy bajo proceso Flavino Ríos, quien había quedado como gobernador interino tras la licencia de Duarte.

En el otro caso la Fiscalía de Veracruz responsabiliza a Duarte de haber desviado más de 220 millones de pesos que se encontraban etiquetados en las cuentas de la Comisión Estatal de Agua de Veracruz, pero que fueron transferidos a otras cuentas distintas sin que fueran regresados.

Luego de que ambas acusaciones fueran expuestas en la audiencia del 27 de junio pasado en Guatemala, el exgobernador aceptó que se le extraditara por estos casos, ya que calificó que los cargos eran “ridículos y sin sustento”. Incluso se mofó de que no fuera acusado de otros señalamientos que se le imputaban y que supuestamente eran más graves.

Ese mismo día sus abogados emitieron un comunicado en el que señalaban que si “viajar en helicóptero fuera delito” entonces el actual gobernador de Veracruz, Miguel Ángel Yunes, lo había cometido antes, pues el propio Javier Duarte le autorizó usar el helicóptero oficial en el año 2012.

Incluso señalaron que al hijo del actual gobernador también se le facilitó un helicóptero y una aeronave oficial en el pasado. Y en cuanto al dinero tomado de la Comisión Estatal de Agua aseguran que este solo fue re-etiquetado y pueden comprobar que el mismo fue ejercido en su momento.

Serán los jueces de Control en Veracruz los que resuelvan, en su momento, si las acusaciones en contra de Javier Duarte tienen o no sustento, pero para ello es necesario que se lleven a cabo las audiencias iniciales, mismas que por el momento no se pueden llevar a cabo hasta que no se resuelva el amparo y la inconformidad promovida por los abogados ante un Tribunal Federal.

Lo anterior no significa que alguno de esos procesos se haya caído. La suspensión que en su momento el juez federal concedió a Duarte solo era para que las órdenes de aprehensión giradas en su contra no se cumplimentaran y se le trasladara a Veracruz. Las audiencias, cuando se autoricen, se realizarán vía videoconferencia.

Sin traslado a penal de alta seguridad

En la audiencia del pasado 23 de julio, donde se vinculó a proceso a Javier Duarte por los delitos de lavado de dinero y delincuencia organizada que le imputa la PGR, el juez Gerardo Moreno rechazó la solicitud que hicieron los fiscales de que Duarte fuera trasladado a un penal federal en Morelos.

El juez argumentó que el centro penitenciario al que se pretendía trasladar a Duarte no era de alta seguridad, como lo marca la ley para los procesados por delincuencia organizada, razón por la cual no tenía caso moverlo del Reclusorio Norte en la Ciudad de México. En ese contexto el juez le pidió a los fiscales solicitar el traslado a un penal de máxima seguridad.

Pero hasta ahora la PGR no ha formalizado ese requerimiento por, lo que el exgobernador de Veracruz permanece en el Reclusorio Norte separado de la población general, en el área especial de observación.

Cabe recordar que el exgobernador realizó una huelga de hambre durante 15 días, con el argumento de reclamar por supuestos abusos contra excolaboradores suyos procesados en Veracruz. La huelga concluyó por recomendación médica luego de que Duarte sufriera de mareos. Actualmente se le reporta en buen estado de salud.

Redacción: Animal Político

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