Dona Ines N., an artisan goldsmith lojano origin, 55, arrived Saturday morning March 15 at the premises of the National Court of Justice. There the future of his youngest son, who has lived an authentic Via Crucis legal in the past two years would be decided.
Dona Ines hands reveal a life of hard work, from his youth learned to make jewelry based on silver. His skill allowed him to establish a business with her husband, a Swedish citizen based in Cuenca; so she could raise her four children.
Family prosperity was suddenly cut short when Daniel L., 17, high school student and youngest son of Dona Ines, was arrested for drug possession. It was September 2012. By having the details of the story, you can not keep her voice from breaking. “Sometimes I feel so much mourn I ran out of tears,” he said visibly moved.
The Prosecutor of Azuay accused the young consumer
crime of drug possession.
Judge Lucy Blacio declared the innocence of the accused and ordered his immediate liberaciónDaniel had become a regular marijuana user, regularly went with other peers around their school for smoking several doses. The night of his arrest, a group of ten friends, with whom he was, agreed to buy a dose to distribute it among all.
Daniel offered to store the contents of two small packets in his backpack, while deciding where established. At that time, members of the Police arrested the group and commandeering the backpack Young found the substance. “My son was kept in solitary confinement, I could talk to him several hours after his arrest; in my desperation only thing that occurred to me at that time, was to seek the help of a neighbor who was a lawyer, told me that if I wanted to see free Daniel would have to pay a lot of money and it was a serious case. ”
During the trial stage, the prosecution accused Daniel drug possession asking that Article 62 of the Law on Narcotic Drugs and Psychotropic Substances arguing that the 80 grams found in the suitcase were an excessive amount for personal use is applied.
The testimonies of young friends agreed that the marijuana found that day was commonly used for recreational purposes. The report by the doctor who assessed the health of the young, determined that it was a regular consumer, who even got to eat up to ten daily doses.
Daniel and his mother left for Panama with most of their savings, leaving the rest of the family in Cuenca. During his stay in the Central American country they were discriminated against by their foreign origin and the high cost of living. Daniel, lack of medical support and treatment, suffered several crises abstention.
This situation gradually sapped the forces of the mother, who could barely get livelihood by selling some jewelry, until a heart attack surprised.
Daniel was determined to clarify their legal status and returned to the country with his mother in June 2013. As soon as they arrived at Guayaquil airport was arrested.
During his absence, the prosecutor handling the case had appealed for the case against him remained open.
Despite all the evidence in its favor, the Criminal Court of Azuay sentenced Daniel to serve a sentence of 12 years, following his good behavior and lack of history was reduced to 8. This sentence was upheld by the Court provincial del Azuay in January 2014.
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The case was referred to the Public Defender of Ecuador to support Daniel LN in the approach of an appeal of his sentence before the National Court.
The argument of the appeal was in charge of General Public defender of Ecuador, Ernesto Pazmiño Granizo, who assembled a team with Jorge Paladins, counsel in criminal matters, and defender Eddy Benavides.
Speaking Paladins stressed that during the process, initiated against Daniel, was a misinterpretation of Article 62 of the Law on Psychotropic Substances and Narcotics regard to ownership and possession of drugs and that has led to the existence of a framework damning regulatory and punitive damages to the usual no difference in their different degrees of dependency on the dealers and traffickers users.
Also, it cited Article 364 of the Constitution of the Republic of Ecuador guarantees prevention policies and public health for the benefit of consumers regulars so there was an obvious contradiction between the constitutional rule and law.
In addition, the lawyer stressed that within the country and have been granted dismissals and acquittals in similar cases in the provinces of Carchi, Manabi and Azuay.
The General Public Defender concluded the allegation advocating an interpretation that fits the respect for human rights Daniel L. also asked to take into account that none of the students called to testify at the trial fell into contradictions when giving his testimony.
Verdict of the Court of Justice
The solvency of the arguments presented by supporters caused the judges take about an hour to deliberate.
The wait ended when members of the court, headed by Judge Lucy Wilson Blacio and judges Vicente Merino and Robalino, unanimously welcomed the appeal presented and declared a state of innocence and immediate release of Daniel Lennstron.
The ruling involves an important precedent for other judges conducted a thorough analysis of the causes before criminalize users.
Ines N., the feisty mother who just minutes ago expecting an even adverse outcome, could not contain the excitement and tearfully thanked the head of the Ombudsman for the work deployed to defend the rights of your child.
Daniel got freedom, but his health is not encouraging, reveals his mother, because you have a chronic lung condition.