Orellana's aggrieved may use sentence to former Sunarp chief to recover land
Anti-corruption prosecutors Elvis Suárez and Eiser Jiménez explained that once the sentence is confirmed in the second instance, it may be used as new evidence by the victims of the Orellana clan in their civil proceedings to recover their land. The Judicial Power convicted Ludith Orellana and the former head of the Public Registries for illicit association.
ACCUSERS. Anti-corruption prosecutors Elvis Suarez (right) and Eiser Jimenez (left) were in charge of the investigation and prosecution against the Orellana clan and senior former leaders of the Public Registries.
LThe judgment against the former head of Public Registries, Álvaro Delgado Scheelje, and members of the law firm founded by Rodolfo Orellana Rengifo may be used by the victims of this criminal organization to recover their lands in dispute, once the ruling is confirmed in second instance, the anti-corruption prosecutors behind this emblematic case explained in an interview with OjoPúblico .
Last Wednesday, Judge Fernanda Ayasta ordered 10 years in prison against Ludith Orellana, who developed a bribery mechanism to register properties irregularly. The former head of the National Superintendence of Public Records (Sunarp), Álvaro Delgado Scheelje, was also sentenced to six years and eight months in prison for the crime of illicit association.
"WE HAVE WON THE MATCH OVER THE ORELLANA CLAN," SAY ANTI-CORRUPTION PROSECUTORS.
The anti-corruption prosecutor Elvis Suárez and his deputy Eiser Jiménez explained that this sentence will also serve for the investigations carried out against the Orellana clan by other offices, such as the Asset Laundering Prosecutor's Office. "We are sure that in a short term [the sentence] will be confirmed in a second instance," added the members of the Fifth Anti-Corruption Office.
What does this ruling mean for the anti-corruption system?
Prosecutor Eiser Jiménez (EJ): Public opinion sometimes pays attention to certain requirements made by the Public Ministry, such as preventive prisons or raids. But it is not the same to score a goal or make a 'guachita' than to win the game. We have won the match. It is a conviction achieved by this anti-corruption system.
However, six years have passed since the capture of Rodolfo Orellana.
Prosecutor Elvis Suárez (ES): The prosecutorial investigation lasted three years, while the prosecution control and the trial lasted one year each. This is a record time if we compare with other laws such as Argentina, where a similar case lasts approximately 15 years.
CONDEMNED. The Judiciary sentenced Ludith Orellana to 10 years in prison for leading the sanitation area of her brother's law firm, where she established a bribery mechanism to attract officials from the Public Registries.
Photo: Andina
And in comparison with other processes at the national level?
EJ: If we compare with other investigations that began on the same date, it is also a record time. This ruling will also serve as a precedent for related investigations, such as the one followed in the Money Laundering Prosecutor's Office.
In addition, a former national head of the Public Registries has been sentenced.
EJ: It has been difficult to know technical details of the National Superintendency of Public Registries (Sunarp). We do have to say that we have not received 100% support from Sunarp. Furthermore, some of those involved have not received administrative sanctions.
Are there convicts in this case working at Sunarp?
EJ: Yes, like Mr. Wilfredo Nuñez Peña. At least, we have not seen an administrative sanction of a disciplinary nature.
SUNARP. The former head of Public Records, Álvaro Delgado Scheelje, did not attend the hearing where the Judicial Power imposed six years and eight months in prison for illicit association. The judge has ordered her location and capture.
Photo: Congress of the Republic
How did they prove that there was an illicit association of lawyers from the Orellana study and Sunarp workers?
EJ: A criminal organization operates clandestinely. The criminal pact is not explicit, nobody signs a contract. The illicit association is implicitly credited. For example, Nuñez Peña made 27 addresses of titles linked to the Orellana clan.
The defense of the defendants pointed out that the term "addressing" does not exist in Sunarp.
ES: We called "routing" to redistribution. A title was entered by Orellana's organization, and this was designated to section 77, where Pedro Guzmán Molina worked [who irregularly registered the records of the law firm]. Within the documentation of the criminal organization this word appeared.
EJ: We also have a file called 'Vault'. In this Excel document, "heading address" was placed. It was a term that existed both for the Orellana study and for people linked to Sunarp, such as Álvaro Delgado Scheelje.
Was the 'Bóveda' file of the Orellana study like Box 2 of Odebrecht?
EN: It was a secret, parallel spreadsheet, different from the accounting one. In it they used customer and staff codes, they used code terms. It was a secret document that the Orellana organization managed.
EX: In this accounting file, income and expenses were recorded, which included payments to third parties, as confirmed by collaborators and witnesses.
AUDIENCE. The anti-corruption prosecutors Elvis Suarez and Eiser Jiménez during the last hearing of the oral trial against the former head of Sunarp and the Orellana clan, before hearing the decision in the first instance of the Judicial Power.
Photo: OjoPúblico / Ernesto Cabral
How many effective witnesses and collaborators have you worked with?
EJ: With two effective collaborators and 12 protected witnesses.
What strategy did they use to attract effective collaborators?
ES: The Prosecutor's Office has recruited collaborators on a regular basis, not under pressure or under the threat of preventive detention, and always with their lawyer.
EJ: We have a law, a regulation and an instruction guide on effective collaboration. It is not irregular or illegal to propose to a person to use this figure. The irregular thing would be to tell him that he is accepting effective collaboration, or else I will request a preventive detention against him.
They mentioned that this sentence serves as a precedent for other prosecutors. Does the same thing happen with the victims of the Orellana clan?
ES: The sentence will be appealed by the defense, and we are sure that in a short time it will be confirmed in a second instance. At that time, it acquires the quality of res judicata and can be used in civil proceedings. This sentence may be offered as new evidence, for the civil judge to rule in favor of the victims of the Orellana clan.
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