2023-05-24 08:04:19
With political-partisan motivations and personal interests, first little by little and now suddenly, the constitutional design of the electoral regime is being destroyed. I don’t know Carlos Pineda and I have never had any relationship with the Citizen Prosperity Party, famous for having a millionaire deputy with moves in the Insivumeh, but since he is a faithful servant of power, the Public Ministry patted him on the back; now prohibiting the participation of said political group is an injury to any media notion of our electoral regime and constitutional justice.
The Constituents of 1985, upon learning of the scandalous electoral frauds carried out by Arana, Laugerud and Lucas, decided to establish several guarantees for respect for the vote, two of them being that the Electoral and Political Parties Law would be a norm with constitutional rank, which which means placing it outside the orders, modifications and repeals of ordinary laws (which are the majority) and on the other hand, decided under Costa Rican inspiration the creation of a Supreme Electoral Tribunal (TSE) as the highest authority in electoral matters and whose members They would have the same requirements, rights and prerogatives as the members of the Supreme Court of Justice.
The idea of establishing regulations superior to ordinary legislation and also creating a new electoral authority was to shield the electoral regime from decisions of Congress by means of ordinary laws and then ensure that decisions with electoral effects were known by the constitutional jurisdiction only if they had been issued by the highest authority: the TSE. Our political system rests on the political participation of all and not just some as it was in the military governments.
The party owned by the Baldizón family called “Cambio” filed an appeal before a Chamber of the Contentious Administrative Court “in view of the risk or threat that fundamental rights of the political organization are violated” and the risk of participating as candidates of the political organization was denounced as a reason. Citizen Prosperity when its second ordinary national assembly held on November 20, 2022 did not meet -they say- the legal requirements.
The protection can be preventive, if there is a threat, or restorative when the damage has been done. In this case, a preventive amparo was promoted, but an assembly registered in the Citizens’ Registry was denounced as the reason and even challenged by nonconformists and known by the Supreme Electoral Tribunal (something restorative was sought, because the candidates already even have credentials). To hold an assembly, a delegate from the Citizens’ Registry must always be present.
Pursuant to the Electoral and Political Parties Law, any decision of the Citizens Registry can be challenged before the Supreme Electoral Tribunal, by elementary logic and legal mandate, there can be no Amparo if the interested parties did not attack what was decided by the Citizens Registrar, because the electoral regime It is designed so that only what is established by the TSE can be heard by the Supreme Court of Justice and the Constitutional Court -the highest in the country-.
If the above is not enough, it turns out that it is inconceivable to denounce in an amparo an act that happened in November 2022 in May 2023. For an amparo there are 30 days and this is not in dispute.
The great problem of the Guatemalan is that he does not care about the violation of the rights of others and only queues up to be the next victim. The amparo granted unexpectedly by a court lower than the Supreme Court of Justice to disqualify dozens of people from political participation has no validity in accordance with the law and jurisprudence, however, we witness how, regardless of the consequences for the system, constitutional justice now it is to restrict when it was created to guarantee our freedom and this represents the destruction of the electoral regime and a setback for all.
#destruction #electoral #regime