The former secretary of the Department of Natural and Environmental Resources (DNER), Rafael Machargo Maldonado, will not be investigated by an Independent Special Prosecutor, after the Panel will determine this Monday that there is not enough evidence to proceed with an in-depth investigation. .
The Panel on the Special Independent Prosecutor (PFEI) made its decision by agreeing with the recommendation of the Secretary of Justice, Domingo Emanuelli, not to appoint an FEI in this matter.
The case began with a referral to the Department of Justice (DJPR) related to a First Partial Report of the House of Representatives (R. de la C. 150) of September 2, 2021.
The communication specifies that in said report three findings were indicated as a result of public hearings held and the documents submitted to the Commission. This, to investigate a construction permit granted for recreational facilities near the sea-land zone in the Sol y Playa Condominium, in Rincón.
The Secretary of Justice referred the matter to the Division of Public Integrity and Comptroller Affairs (DIPAC), who conducted a preliminary investigation.
It arises from the facts that give rise to the cameral investigation that on May 17, 2021, a motion to challenge the demarcation was filed before the DNER. It was signed by Mr. José Barea Fernández, owner of the Sol y Playa condominium. It requested that the determination issued by the DNER be rendered null and void.
The DIPAC investigation report indicates that Mr. José Báez Martínez Radio, lawyer III attached to the DNER, investigated the allegations related to the aforementioned demarcation challenge. He recommended several precautionary measures, including the protection of the hawksbill, and noted that a specimen of sea turtle had nested in the place proposed for the construction of facilities.
The preliminary investigation report presents a broad analysis of the applicable law, particularly articles 298, 281 and 283 of the Penal Code.
As part of this evaluation, a series of facts and actions were taken into consideration and several people and officials were interviewed.
Among its conclusions, the report states that attorney Machargo Maldonado appeared at all the hearings to which he was invited, without any qualms about offering his statements. Regarding the written requirements referring to his attention, his assistant, Mr. Acosta, sent a communication to the president of the Natural Resources Commission, in which he explained the reasons why the documents and other evidence requested by the Commission could not be produced. Commission.
On the other hand, the DIPAC report specifies that although the responses of attorney Machargo Maldonado to the aforementioned commission are expressed in the form of an objection, they cannot be understood as a refusal on his part to comply with the information requested. Therefore, they do not imply a violation of Article 298 of the Penal Code of 2012.
Based on the foregoing, the investigation rules out the commission of criminal conduct by attorney Machargo. He understands that his actions or omissions do not constitute elements of a criminal nature that warrant additional investigation, nor does the element of criminal intent exist.
For these reasons, DIPAC advised the Secretary of Justice not to appoint a Special Independent Prosecutor (FEI) for attorney Machargo Maldonado, which was accepted by Secretary Emanuelli who, in turn, submitted such recommendation to the Panel.
For its part, the Panel expresses in its Resolution of June 22, 2023 that after its evaluation and careful consideration of the preliminary investigation report, it accepts the recommendation of the Secretary of Justice “and we determined that in this case there is not the necessary amount of evidence for the appointment of an FEI. In accordance with the foregoing, the file of this matter is ordered.
