Lawyers from that country allege that the process of asylum and citizenship of Funes and his family was illegal because he did not comply with the times and procedures established by Nicaraguan law.
The Nicaraguan Supreme Court of Justice (CSJ) accepted the appeal for protection presented by lawyers Julio Montenegro and José López against the authorities of the Ministry of the Interior of that country, for having arbitrarily granted Nicaraguan citizenship to the former Salvadoran president and fugitive from justice in his country, Mauricio Funes Cartagena and his family, according to a publication by La Prensa, from Nicaragua.
That same resource was expeditiously rejected by the Civil Chamber Two of the Managua Court of Appeals, presided over by the Ortega magistrate Gerardo Rodríguez, in October 2019, for which the lawyers appealed to the Supreme Court, the newspaper reported.
The admission of the appeal implies that the magistrates of the Constitutional Chamber of the CSJ will open the case, will send the parties involved to hear, including the Office of the Attorney General of the Republic (PGR) as State attorney and then decide whether or not it was legal the process by which they granted said citizenships to both Funes and his partner Ada Mitchell Guzmán Sigüenza, and the children of the former president.
It may interest you: Daniel Ortega’s regime grants Nicaraguan nationality to former fugitive president Mauricio Funes and his family
They are all fugitives from Salvadoran justice. He has been accused of acts of corruption against the State along with 25 people.
The Constitutional Chamber did not lead to the suspension of the act, which was also requested by lawyers and civil rights activists.
The magistrates of the Constitutional Chamber sent a request for a report on the situation, Funes Cartagena, to the brigade commander Juan Emilio Rivas, director of Migration and Immigration of Nicaragua. They also notified the PGR, to persone as the State representative and render a corresponding report.
He also sent attorneys Montenegro and López to appear on May 29 before the CSJ, so that the case continues its process.
It may interest you: Prosecutor’s Office analyzes a “legal strategy” to bring former President Mauricio Funes from Nicaragua
According to Montenegro, the entire process, from the granting of political asylum to Funes Cartagena in September 2016, expeditiously, by the then chancellor of the dictatorship Samuel Santos, to the granting of citizenship, is arbitrary, “because they did not comply with the terms established in the Migration Law ”.
Nicaraguan nationality announcement for Funes it was made effective through resolution number 3119, published in La Gaceta, the official newspaper, which came into effect on July 30; However, it was authorized on July 15 by Brigadier Commander Juan Emilio Rivas Benítez, in his capacity as Director General of Migration and Immigration of Nicaragua.
In the application for amparo against the government authorities, the lawyers request that the resolution declaring the Nicaraguan nationality of the former President of El Salvador, Carlos Mauricio Funes Cartagena and his family members, be declared null and void, for violating the processes and legal requirements established in the Law of Migration and Immigration and Refugee Protection Law.
“The chancellor Samuel Santos, did not take into account when granting asylum to Funes and his family nucleus (ministerial resolution no. 073-2016), that the regulation of the General Law of Migration and Aliens” (Decree 31-2012) , approved on September 20, 2012, establishes in its article 83, that refugees and asylees will be governed by the provisions of Law 655 or ‘Refugee Protection Law’, which is established in Article 22 that the refugee application politician must appear directly at the executive secretariat of the National Commission for Refugees (Conar) or the General Directorate of Migration and Aliens (DGME) through any office in the national territory and not before the Chancellery as Funes did, “said Montenegro , according to La Prensa.
It may interest you: Ortega nationalizes Funes to avoid his extradition and to be tried for corruption
This same body of law establishes in its article 15 that it is the Conar who determines the refugee status of all those who request it. In addition, they must fill out an immigration form and have 30 days to resolve. However, in this case, the request was made on August 31, and the favor was resolved on September 2, attorney López explained.
In El Salvador Funes Cartagena, together with his wife Ada Mitchell Guzmán Siguenza, his son Carlos Mauricio Funes Velasco, Diego Roberto Funes Cañas and Mauricio Alejandro Funes Guzmán, have pending legal proceedings in El Salvador for corruption.
– .
