Analysis 08-08-2018

Panamá: Interpol files red alert for Tacla Durán, Odebrecht consultant

The decision was based on doubts about the impartiality shown by the judge in charge of the case of the financial operator in Brazil

The Control Commission of Files of the International Police (Interpol) eliminated the red alert against Rodrigo Tacla Durán, financial operator of the Brazilian construction company Odebrecht, which he had maintained since September 2016, at the request of the Bureau of Brazil, accused of fraud, bribery and corruption as well as violation of exchange control.

The reasons for Interpol to reach this conclusion were based on a long investigation based on the allegation of Tacla Duran, who demanded to comply with due process, a fair trial that questioned whether he would be extradited to Brazil to face charges . Tacla Durán proved that the judge presiding over his case in Brazil had repeatedly demonstrated that he had been biased against him, preventing him from appearing as a witness in other cases. He even assured in court decisions that his word could not be trusted, since he was a person accused of crimes and an international fugitive, according to the 12-page decision issued by Interpol.

Added to this, according to sources close to the financial operator, "the Brazilian government did not send a single test to support the extradition of Tacla Durán, so Spain denied his extradition."

Interpol adopted this decision on July 3 last during the session number 105, in which after a thorough examination of the elements provided by Tacla Durán considered that the retention of this data in the system did not comply with the rules of Interpol and concluded eliminate them. The decision adopted on July 13 was forwarded to the General Secretariat of Interpol.

In December 2016, Rodrigo Tacla Durán filed a complaint to the Interpol Commission, alleging a violation of his human rights for the treatment he had received from the justice system in his country.

In November 2016, Tacla Durán was arrested in Spain as a result of the red alert. In January 2017, the Brazilian authorities sent an extradition request to Spain. In February 2017, he was granted a precautionary measure, upon delivery of his passport and the obligation to appear regularly to the Court.

Surely the conclusion reached by Interpol will create a precedent with other requests, since it is a collegial decision.

Since the beginning of the case, says a note sent by Sebastián Suárez, lawyer in charge of the case of Tacla Durán in Interpol, 'we denounce the serious abuses committed by the authorities responsible for Lava Jato, and the persecution suffered by the lawyer Rodrigo Tacla Durán, who saw their most fundamental rights, as recognized in the Universal Declaration of Rights, and their procedural guarantees, systematically violated, which compromised the judge's impartiality, and due process of law, due, among others, to the inappropriate disclosure of their personal data and those of your family '.

As a result of the decision taken by the Interpol Commission, the Brazilian authorities, according to Suárez's note, are prohibited from using the channels of communication and international cooperation provided by Interpol on Rodrigo Tacla Durán.

His lawyers warn that they will adopt the corresponding legal measures before the competent international organizations, since they seek reparation from the Brazilian State and from the authorities responsible for the illegalities observed.

The summary of the facts analyzed by Interpol established that from January 2009 to January 2015, Tacla Durán was an expert in money laundering and was involved in several criminal events. They accused him of having received, in the accounts of his companies or in foreign secret accounts, large sums of money from the three constructors -Mendes Junior, Utc and Odebrecht- involved in the research called Lava Jato. Some of those investigated, according to the summary of facts, confessed that these transfers were illegal and that their purpose was to accumulate cash to bribe government officials. A director of a company admitted to using the illegal services of Tacla to create cash through a bribe fund. According to his statements, "the service offered by Rodrigo Tacla was to raise money through fictitious contracts, through front companies and managed to concentrate approximately $ 35 million." In order to be able to launder the money, it celebrated several false contracts and made invoices for more than $ 56 million.

La Estrella de Panamá

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