2023-07-21 19:49:00
Given the prevailing situation in the country, the Constitutional Court (CC) issued a statement reiterating that the resolution of July 12, 2023 issued in the criminal sphere does not affect or suspend the second round of elections, which must take place on the date indicated and with the participation of the candidates made official in the Agreement of the Supreme Electoral Tribunal (TSE), since the order of the Judge cannot suspend the Semilla party until the electoral process has concluded.
Perspective Writing
The CC points out that the aforementioned resolution of the criminal order has no positive effect in terms of suspending the electoral process in the phase it is in, as well as its subsequent effects. Adding that the effects that were conferred to the interim protection were decreed without prejudice to the powers of criminal prosecution that are the responsibility of the Public Ministry (MP) and what is regulated in articles 251 of the Political Constitution of the Republic of Guatemala and 251 of the Electoral and Political Parties Law.
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In the pronouncement where they cite the Electoral Authorities, the Public Ministry, the Judiciary and the citizenry, they emphasize that the CC, as the legitimate interpreter of their decision, makes it known that, according to the terms of said provisional protection, the aforementioned decision of the criminal order lacks effects to suspend the continuity and conclusion of the electoral process held this year; nor does it limit or suspend any act that must be dictated by the corresponding electoral authorities for its effective implementation and completion.
“In concrete terms and in order to safeguard the democratic regime, the resolution in the criminal sphere lacks a positive effect to leave the participating parties without personality, as a precaution, as long as the electoral process has not been concluded, for which reason the judicial order cannot entail such a scope, likewise, the preservation of the legal personality of the Party, as provided by the electoral authorities, has a basis in the provisional resolution of this Court, since suspending the legal personality of the Party at this time would transcend the development of the electoral process at the present time,” it was stated. and in the statement.
They add that, by virtue of the certainty required by the preservation of the Democratic Rule of Law, this Court exhorts the rulers and the ruled to respect the electoral process and with it, the country’s democracy.
MP RAIDS SEED PARTY AND SAYS THAT IT RESPECTS THE RESOLUTION OF THE CC
The Public Prosecutor’s Office (MP) reported that the Special Prosecutor’s Office against Impunity (FECI) in coordination with the National Civil Police (PNC) carried out a search this morning at the headquarters of the Movimiento Semilla political party in compliance with a judicial resolution dated July 12, 2023.
In addition, they mention that the diligence is carried out to obtain evidence that strengthens the investigation “respecting the resolution of the Constitutional Court in provisional amparo.”
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