Metrobús case: Appeals court confirms dismissal of charges for former minister Jiménez Gaona

A Paraguayan Appeals Court has confirmed the definitive dismissal of charges against former Minister of Public Works and Communications (MOPC) Ramón Jiménez Gaona and ex-vice minister Martha Benítez in the controversial Metrobús case. The Second Chamber of the Specialized Criminal Appeals Court, composed of judges Paublino Escobar, José Waldir Servín, and Camilo Torres, declared inadmissible the appeal filed by the defense of former minister Arnoldo Wiens.

This ruling solidifies the dismissal for Jiménez Gaona and Benítez, which was initially granted by specialized economic crimes judge Humberto Otazú on May 29, 2026. The appeal by Wiens' defense sought to challenge this dismissal. Judge Paublino Escobar stated that the challenged decision did not cause any grievance to the party represented by the lawyer, a prerequisite for allowing an appeal.

Judge Camilo Torres concurred, arguing that Wiens' defense extensively challenged a resolution that only affected the co-accused, Jiménez Gaona, and not Wiens himself. Both judges' opinions supported the inadmissibility of the appeal, effectively upholding the dismissal of charges for Jiménez Gaona and Benítez.

However, Judge José Waldir Servín dissented from the majority. He argued that not all institutional control instances by the Public Ministry had been exhausted. Servín believed that Judge Otazú should not have simply accepted the request for definitive dismissal but should have followed the procedure outlined in Article 358 of the Code of Criminal Procedure. This article requires a decision from the Attorney General's Office to desist from criminal prosecution, ensuring institutional oversight and the correct exercise of penal action.

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la decisión impugnada no le ocasiona agravio alguno a la parte cuya representación ejerce la letrada, presupuesto indispensable para habilitar el ejercicio del derecho de recurrir.