Judge Núñez dismissed the protection action against the Prosecutor's Office in the Chiriboga case.

Judge Ángela Núñez Ibarra, from the Family Judicial Unit of La Mariscal in Quito, dismissed as inadmissible a protection action filed by German citizen Edmund Chladek against the State Attorney General's Office. Chladek sought to have the Attorney General's Office ordered to request a hearing for the formulation of charges against former prosecutor Galo Chiriboga, investigated in an alleged case of bank embezzlement related to a house valued at more than $1.5 million.

According to the plaintiff, the property was arbitrarily transferred to Chiriboga in 1999, when the then-lawyer received the assignment of a credit from the defunct Bancomex, allowing him to take possession of the house located in Tumbaco. The conflict has lasted more than two decades and has resulted in legal claims pointing to irregularities in the transfer of rights and possible abuse of power.

In her ruling, the judge emphasized that the protection action can't be used to intervene in procedural decisions of the Attorney General's Office or to condition its investigative actions. She reiterated that only the prosecutor in charge can decide whether to file charges or dismiss the case, in full respect of the principle of independence of functions.

The resolution also ruled out ordering an investigation against prosecutorial staff, as requested by Chladek, who argued unjustified delays in handling proceedings and deviations in the course of the investigation. The ruling emphasized that such decisions must be framed within regular channels and not through constitutional remedies without legal basis.

This case has caused multiple controversies, as Chiriboga, who was attorney general during Rafael Correa's government, has been implicated in various cases for alleged irregularities linked to corruption and institutional abuse.

Among them are allegations by Carlos Pareja Yannuzzelli, who claimed to have given him $300,000 in cash as part of a network of favors during the Odebrecht scheme. The judicial rejection of Chladek's action reflects the limits of citizen control over prosecutorial decisions and once again highlights the need for effective justice in the face of legacies of Correa's administration that still affect Ecuadorian institutionalism.