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Jacob Ostreicher, an American, has been suffering in a Bolivian prison for more than 11 months. He is being held without a shred of evidence.
On 09/23/2011, the judge ordered his release based on evidence submitted by the defense, just days later the same judge reversed his decision and was promoted. A new judge resigned after 5 scheduled hearings.
We expect that in times of need, our government will be serious about, adamant enough, and powerful enough, to provide its citizens protection and asylum.
In your capacity as President of the U.S., we urge you to exercise the powers vested in you, to see to it that Jacob does not spend another day in this anarchic prison
With all avenues having been exhausted, it is up to you, Mr. President to make sure an innocent man walks free.
Santa Cruz, Bolivia - This morning, Yanky Ostreicher was hauled out of Palmasola prison to be taken to the courthouse for his hearing. This was to be Yanky’s 26th hearing.
When Yanky got to the courthouse, he was taken to a holding cell and placed with other prisoners to wait until his hearing starts.
At 11 a.m., he was taken up to the courtroom, where he had to wait, because the judge was not ready. Present at the time in the courtroom was Congressman Chris Smith, local human rights activists, and over seventy local media persons.
At noon, the judge showed up and the Minister of Government said it is too late to begin the hearing, since the lunch break starts at 1 p.m. A local human rights activist started yelling at the judge, saying that this hearing cannot be postponed due to Yanky’s fragile state of health. Yanky gave jobs to hundreds of unemployed Bolivians, the person said, and he does not deserve this treatment. The judge listened and said that the hearing will be postponed until 3:30 p.m. The judge told Yanky that he can stay in the courthouse until the hearing, but he was grabbed by the prison guards and forced onto the bus and brought back to prison.
At the hearing, prosecutors handed an official document to the judge, stating that he should recuse himself from the case because the judge met with Ostreicher’s lawyer in private.
The judge said he is not recusing himself from the case, stating he has not done anything illegal or differently than in any other cases. According to the law, he is allowed to meet with lawyers in an official capacity in the courtroom.
Pandemonium broke out in the court room when the prosecutors publicly threatened the judge that they would file charges against him if he doesn’t recuse himself. The judge insisted that he will not recuse himself because he did not know Yanky Ostreicher or anyone in this case.
He said he will postpone the hearing until a higher court can decide whether he can hear the case or not.
Yanky was taken out of the courtroom and denied access to his lawyer. He was taken to a holding cell in the sub-basement of the courtroom.
A human rights activist demanded the judge sign a request to take Yanky to the hospital, but the judge said he can’t do anything until the higher court hears the claim.