The family of the former mayor of Santa Cruz, Percy Fernández, requested that the case against the former authority be suspended because he was unable to defend himself due to his fragile health.
Francisco Fernández Velasco, the son of the former mayor, has appealed to the fourth anti-corruption investigative judge, which he does as constitutional guarantees and exercises judicial control over the case of phantom objects.
The document reports on Fernández’s “sensitive mental health condition” for whom his family has requested “the application of Article 86 of the Code of Criminal Procedure,” which stipulates that the person is sensitive and that his mental health condition has deteriorated prevents him from understanding the acts of the proceedings, the judge or court must order their expert recognition and that, having verified this, the law stipulates that the judge must, by order, order the stay of the proceedings for anyone requesting them, until the handicap disappears.
The family enclosed four medical certificates stating the former mayor’s state of health. The documents were issued between December 14th and 21st.
They demand that the judiciary send an IDIF forensic medical committee to verify the accuracy of the certificates and the health of Fernández.
According to medical reports, Fernández is in a clinic, has daily medical care, and has difficulty getting up and even recognizing people.
They also demand that as soon as Fernández’s state of health has been ascertained in relation to the severity of his physical and mental health, “we shall, by a properly reasoned decision, cease the stay of the proceedings in relation to my father until he is disabled”.
They point out that national laws and international regulations protect the elderly, especially if they have a sensitive health condition.