Former President Ricardo Martinelli has appealed to the Supreme Court (CSJ) through constitutional guarantee protection that had initially been denied by the First Superior Court of Justice.

The Amparo, presented by the lawyer Carlos Carrillo, is against the decision of the guarantee judge Elkis Martínez not to agree to a request for prescription of the criminal action in the puncture case.

The former president must go to trial on July 21 for illegal wiretapping but alleges that he is in the process of recovering from surgery on his back.

David Cuevas, the complainant in this process on behalf of Rosendo Rivera, said that the appeal presented by Martinelli's lawyers does not suspend the trial.

Cuevas explained that Martinelli's lawyers will have to wait for the Court to resolve the appeal, but that it has no effect on the trial.

Carlos Herrera Moran, a lawyer for the doctor Mauro Zúñiga, agreed with Cuevas that the appeal does not stop the trial.

Morán considered that the judges of the trial Iveth Francois, Jennifer Saavedra, and Marisol Osorio should take note of the latest actions of Martinelli, after, despite being incapacitated, he held a political meeting with deputies of the Democratic Change (CD).

In this regard, he pointed out that in this activity it was clear that Martinelli does not have a physical impediment that prevents him from attending the trial on July 21.

He stressed that the authorities must prevent Martinelli from using delaying strategies so as not to face the trial so that a precautionary measure can be applied to ensure his appearance.

On June 22, the First Court rejected the protection of guarantees presented by the defense of Martinelli against a decision of the judge of guarantees Elkis Martínez, who rejected a request for the prescription of the legal action in the process that is being followed by the alleged commission of crimes against the inviolability of secrecy, the right to privacy and monitoring without judicial authorization.

Martinelli did not attend the trial set for that date, after presenting a medical certificate because he underwent surgery. Official doctors later determined that this surgery was elective.