The Special Independent Prosecutor’s Panel (PFEI) decided to entrust its Special Prosecutors with the actions of those responsible for purchasing COVID-19 evidence, and therefore has the recommendation of the Department of Justice not to investigate the case not accepted.
For its determination, the panel evaluated the affidavits in the Justice tax statement. This shows that various officials and individuals, without legal authority, have interfered inappropriately in clearly regulated purchasing and acquisition processes. This included putting undue pressure on the then Interim Secretary of Health to sign a millionaire buyback order in 20 minutes without following the analysis and rigor required by regulations.
Although the initial referral included Governor Wanda Vázquez Garced and other officials, the PFEI, according to the pre-hearing report, focused the commissioned investigation on Lilliam Sanchez, Undersecretary of the Interior; Mabel Cabeza, La Fortaleza official on the COVID Medical Task Force, General José Burgos, former Commissioner of the Emergency Management Bureau; and Juan Maldonado, as a possible co-author.
However, the panel was specific that this does not imply an exemption from responsibility for several of the officials named in the resolution enacted. As provided by its enabling law, there will be no impediment for the FEI to decide to expand their investigation into these cases, in order to obtain the amount of evidence that will allow them to file a case in court against the other persons referred to by Justice Report are called.
The panel entrusted the in-depth investigation to Lcdo. Ramón Mendoza Rosario, Independent Special Prosecutor, who will be assisted by other Delegated Prosecutors depending on the workload of the assignments already mentioned.
The Commission of Inquiry against Lilliam Sanchez, Mabel Cabeza and General Burgos is based on possible violations of the Article 261 Criminal Code (undue influence); Art 254 (Unnecessary intervention in government operations); Section 262 (breach of duty); Art 263 (Loss of public funds through act or omission and negligence); Article 264 (misappropriation of public funds); Art. 269 (perjury). Violations of Article 3.2 of the Anti-Corruption Code (ethical obligations and responsibilities) are also attributed to them.
With regard to the officials, the alleged violations of Section 4.2 of the Government’s Ethics Law will also have to be taken into account. As for Mr Maldonado, the investigation will focus on possible violations of Articles 212, 254, 261 and 269 on ideological lies, illicit interference in government operations, undue influence and perjury, respectively.
Likewise with possible violations of the anti-corruption code. “We are certainly dealing with a complex matter of overriding public concern, where we have a duty to ensure that no conduct goes unpunished, where human pain can be buried during a pandemic in the face of an excessive and insensitive profit motive and the interests of some to control the processes to promote agendas and unexpected benefits, ”the panel endorses in its resolution, which explicitly specified the constitutional mandate to ensure that the use of public money is linked to the common good of all citizens To this is added public policy against corruption and laws to combat it.
“The aforementioned mandates are not suspended in an emergency. More rigor and discipline are required, ”reads the resolution, which outlines the balance between the responsibility to remedy the emergency and the constitutional and legal obligation to ensure the control and proper use of public funds.
Accordingly, it is the duty of the FEIs to evaluate and determine whether any of the other officers named in the reports should be accountable for what happened in this case, based on the evidence obtained during their investigation .