Martn Arias Duval, Thelma Fardin’s lawyer
Martn Arias Duval, Thelma Fardin’s lawyer, explained to Tlam what the decision of a Brazilian prosecutor’s office that presented before a court in that country a formal accusation of “aggravated rape” against Juan Darths, denounced for an incident that occurred in Nicaragua in 2018, implies. , and now the intervening judge must decide whether or not to open the process to face a trial that in the neighboring country is framed within “smelly crimes”, one of the most serious of the criminal order.
-Tlam: When did you receive the notification from the Brazilian prosecutor?
-Arias Duval: Yesterday (on Tuesday, April 6) we were notified that a Brazilian prosecutor filed a formal accusation against Darths. Now the judge will decide whether to proceed or not, and if they proceed, the process opens.
The lawyer clarified that he will not give details of the prosecution and court because according to the Brazilian procedural order, this type of process “is secret” and “in his doctrine these crimes are called ‘heinous crimes’, considered among the most serious of the Brazilian criminal law. “.
This news that Fardn communicated today at a press conference with Actresses Argentina and Amnesty International is a significant step for a campaign that began in 2018, when the actress denounced Darths in the Nicaraguan courts of having raped her in 2009, while filming a child strip in that country, when she was 16 and 45.
When the complaint was made public, Darths went to live in Brazil.
His real name is Juan Rafael Pacfico Dabul, he was born in Brazil and took refuge there after being denounced for rape since he has dual Argentine and Brazilian nationality.
.T: Why is the Brazilian prosecutor promoting this complaint?
-AD: This decision is very remarkable. The Brazilian Penal Code provides for the recognition of the jurisdiction of Brazil to try its nationals in Brazilian territory even if the crime was committed abroad. Argentina has a different legal tradition, based on the place of the event, which in Latin, in Law, is called “ius soli”. Then, the jurisdiction is given by the place of the fact. Brazil has what is called “ius sanguinis” which implies that jurisdiction is given by the nationality of the accused and not so much by the place of the act.
A Brazilian prosecutor filed a formal accusation for “aggravated rape” against Juan Darths.
-T: Is it an option that would allow the case to advance without extradition of Darths?
-AD: The Constitution of Brazil prohibits the extradition of nationals, what Brazil could do is offer Nicaragua to try it in its territory. It is important to note that, both in the case of Nicaragua and now in Brazil, the decision to move forward with the case has not been a decision promoted by Thelma, who did what she had to do: report and make herself available and collaborate .
In Nicaragua, a judicial case was initiated against Darths for “aggravated rape”, promoted by the Public Ministry of that country, then by a judge Celso Urbina and later the Nicaraguan Supreme Court of Justice agreed to order the extradition request of Darths, knowing that it was in Brazilian territory.
-T: Does the action of the Nicaraguan justice impact the decision of the Brazilian prosecutor?
-AD: Nicaragua has already done everything it had to do. As the Brazilian Penal Code recognizes the jurisdiction of Brazilian judges to try their nationals in their territory for crimes committed in another country, there was a prosecutor who ex officio promoted the criminal action and is awaiting the judge’s decision. The Public Prosecutor’s Office of Brazil decides to promote the case because there is an extradition request by Nicaragua that maintains the arrest warrant and the Interpol red circular is in force, but it is not found on the Internet, as is usually done with other cases, for the characteristics of the crime under investigation. Even before issuing the circular at the request of the Nicaraguan Court, there was an analysis by the Interpol committee of experts that endorsed it being issued.
-T: What elements does the Brazilian Public Prosecutor’s Office have to promote criminal action against Darths?
-AD: They carried out a preliminary investigation, which is a step prior to the criminal process, where Brazil produced evidence that it requested at the request of the Argentine justice From Argentina, the evidence that was produced in the country at the request of Nicaragua was sent to it. All the evidence was obtained from a collaboration agreement between public prosecutors in Ibero-America, a process in which the UFEM (Specialized Fiscal Unit for Violence against Women of the Argentine Public Prosecutor’s Office) intervened. The evidence was sent to Brazil, and upon studying this evidence, they considered that there is support to sustain a criminal process and formulate a formal accusation.
During the interview, Arias Duval highlighted the work done by Sabrina Cartabia, Fardn’s lawyer since the beginning of the case, and by her colleague Eilyn Cruz Rojas, a lawyer in Nicaragua, of the actress.
In this new stage, the lawyer and his team will be in charge of representing Thelma Fardin. “I proposed to Thelma that our work be legal advice so that she knows where she is walking and what the possibilities and risks are, and the path that is legally most viable to achieve the goal,” said the professional.
Colleagues and friends of the actress considered that the profile of Arias Duval fits the new judicial instance that shows a light in Brazil.
The criminal lawyer held positions in Buenos Aires Security, was a judge and head of the National Directorate of Migrations.