Q: In other words, habeas corpus is a priority.
MA: It's a key point to achieve, because in this second statement he will say things as they have happened. We are not basing a defense denying the facts or trying to misrepresent the evidence, we are making a defense that respects the rights of my client, their due process, this has not happened.
*****
CNN reports it has received a copy of Joran Van der Sloot's Habeas Petition. It would be nice if the media would publish it, the same way they published his confession and other documents indicating his guilt, but of course they don't. CNN does give a summary of Joran's allegations, which include, in their words:
- Joran doesn't know how to read very well in Spanish and the prosecutor and the homicide police have made him read and sign documents written in Spanish, without the presence of a defense attorney.
- There has not been an official translator in the criminal investigation.
- Joran did not have an on-duty defense attorney appointed by the state, nor the attorney generals office, nor the Judicial Ministry. The Peruvian police brought in an unknown attorney, who is not Joran’s attorney and have had her intervene without his consent. [More...]
- By opening his laptop the prosecution and the police have violated his constitutional guarantees to secrecy of communications as stated in the complaint.
- The police have pressured Joran to incriminate himself in the murder of Stephanie which violates the presumption of innocence.
As to the attorney who reportedly appeared with Joran when he confessed, CNN confirms with the public defender appointed for him that it wasn't her, and that Joran refused to make a statement while she was with him.
[Carla]Odria said that she spoke to Joran and advised him of his rights including his right to remain silent. She says Joran did not wish to give a statement at that time saying he was too tired after his trip from the border. Since Joran wouldn’t speak Odria suspended the proceeding and left.
We have been able to confirm that the attorney listed in the confession document named Dr. Luz Marina Romero Chinchay is not a court appointed defense attorney with the Attorney General’s office, but a private attorney. We do not know if Joran consented to this attorney.
If the court finds that the confession was botched it will be annulled and a new interrogation will have to take place.
That's not really news. I reported it on June 13:
The lawyer present on his behalf was Luz M. Romero Chinchay. It's not clear if she's a public defender. His first lawyer had told him not to make any statements until he saw the judge.
So the question remains, who hired attorney Chinchay?
There's also a question about the translator that was present. He was Dutch, but it's not clear if he was recommended by the Dutch Embassy or if he is an "official translator" as opposed to someone who merely speaks both languages.
The Court in Peru will decide the Habeas petition. A decision is expected today or tomorrow.
Joran's lawyer, Maximo Altez, tells the Dutch media if Joran loses the habeas issue in the Peru courts, he will appeal to the Inter-American Commission on Human Rights in Costa Rica.
Radar has published the English translation of the statement of the hotel worker who found the body. She says she was leaving at 8:10 am to go home when she saw Joran 1/2 block from the hotel returning with two cups of coffee.
