2023-12-02 13:00:02
Judge Rafael Rojas, one of the four judges of the Supreme Electoral Tribunal (TSE) who recently lost his immunity, gave an interview from abroad, without wanting to reveal the country to which he went after losing the right to pretrial.
Rojas stated that he was aware of an arrest warrant against him, and does not rule out that a similar situation exists for his colleagues, although he affirms that he has not spoken with them. All the judges were denounced for the purchase of the computer system used in the voting.
The electoral official said that he left Guatemala for purely personal reasons, since he has a license that allows him to be absent from his duties until December 15.
After losing his immunity, he said he felt in a state of “defenselessness,” because even the security he had for his family was taken away, and he doubts that if he faces criminal proceedings he will be able to defend himself objectively.
What motivated you to leave Guatemala?
I had a permit pending at the TSE, and well, a license was granted to me.
Are there movements with the security that was assigned?
What I know at this moment is that the personal security granted by the Ministry of the Interior is being withdrawn and they are, surely, wanting to execute some arrest warrant, and I have no problem saying so, because surely that is the objective of the withdrawal of immunity.
They are withdrawing my security and that leaves me and my family in a state of total helplessness.
You suspect there is an arrest warrant against you. If confirmed, would you return to Guatemala?
Look, in the current circumstances it is a bit unpredictable, given that you would not be able to exercise an objective and impartial right of defense, without having everything that corresponds to due process; We see that this issue is planned, although I honestly do not know what the objective is.
Here, I honestly feel in a state of defenselessness, because we are not in a democratic state of law that guarantees us the right to defend ourselves and freely exercise our constitutional rights.
When talking about it being a planned issue, where do you think this situation could come from?
You could see all the security deployment in the Congress of the Republic, circumstances of silence from the Executive regarding all the actions that are being carried out, and, of course, they are not in any way going to strengthen the transition of the command.
When you left the country, did you do so with the intention of requesting some type of asylum?
Not in any way. I did it not to leave due to this circumstance, I already had some activities planned outside of Guatemala, and of course he is my right as an official. But given the situations, one also has to have the perspective of seeing how the situations are in the country.
Let us remember that here we are not in a democratic state of law that guarantees freedom and objectivity in the decisions that are made at a formal level, in that if I am a lawyer, I know my right to defense, all the rights that assist me according to the Constitution and I cannot assert that this circumstance will be respected. Therefore, there is no rule of law or a democratic rule of law.
He left the country for planned reasons, but evaluating his current situation. Does she contemplate returning to Guatemala?
Well, I don’t know yet. I have this permission and this authorization, because it is my right. I have not planned it yet, but I am willing to face any situation, as long as my citizen rights, my right to defense and all the circumstances permitted by the Criminal Procedure Code are guaranteed.
We simply see here a planned issue that does not strengthen the rule of law and democracy in the country.
Do you think there is a risk that the current duo and the rest of the elected citizens will not be able to assume office?
I could not assert that, what I can tell you is evidently that we are not in an objective situation, and that all citizens are guaranteed the freedom to exercise our constitutional rights.
Can you find out which country you traveled to?
No, I cannot tell you because they are circumstances that I had previously planned, of course they are issues that I had already planned.
Have you been able to talk to the other judges who also lost their immunity?
No, I have not had communication with any of them, because each of us has different circumstances, family and prior planning. My leave is due to some prior planning that I had planned since August.
Other magistrates and Cardinal Álvaro Ramazzini left the country. How do you rate what is happening today in Guatemala?
Honestly, we are in a state of helplessness that arises for all of us who are working for the good of citizens, defending the rule of law and guaranteeing the rights of all people.
In particular, I, as an official of the TSE, believe that I carried out functions to guarantee the popular will, and I cannot deviate from that, because what I have to do is defend my functions and fulfill my powers.
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