2024-01-09 05:34:10
Six days before Bernardo Arévalo takes office as President of the Republic, the Seventh Criminal Judge, Fredy Orellana, sent a new letter to the Supreme Electoral Tribunal (TSE) in which he requests that the order be complied with “immediately”. resolution suspending the legal personality of the Semilla Movement party.
According to the document, in a hearing requested by the Special Prosecutor’s Office Against Impunity (FECI) it was ordered to transfer a copy of the progress of the investigation and the measure of provisional suspension of the registration of the legal personality of the president-elect’s party, the Seed Movement, and that for that reason the court order should be executed.
“I am writing to you (…) in order to inform you that within the Judicial File identified at the beginning of this document, this Judiciary held a unilateral hearing on this date, in which, by virtue of the express request of the Special Prosecutor’s Office against Impunity of the Public Ministry (FECI) ordered to send a copy of the Report on the progress of the investigation in the process where the precautionary measure of provisional suspension of the registration of a legal entity of the Committee for the Constitution of the Semilla Movement Political Party and the Semilla Movement Political Party, delivered today to this judiciary, so that it can proceed immediately with all the legal effects that are the responsibility of the Supreme Electoral Tribunal,” states the letter signed by Judge Orellana, sanctioned by the US Department of State.
With the suspension of Semilla’s legal personality, a procedure must begin to cancel the party; In addition, the deputies of said political group would have to be declared independent and they will not be able to join legislative commissions or the Board of Directors of Congress.
The TSE confirmed on Monday night that it received the official letter issued by Judge Fredy Orellana.
In suspense
The Semilla Movement continued to be a political party, as resolved by the Plenary of TSE magistrates, who suspended the order for its cancellation.
The Plenary of the TSE made the decision on the night of September 2, notifying the political party of the decision during the morning of September 3, complying with the deadline stipulated by law.
The Registry of Citizens temporarily suspended the group, based on a judicial resolution, which was challenged by the political party of the elected duo. Bernardo Arévalo and Karin Herrera.
Upon consideration by the Plenary of the TSE, the Registry of Citizens complied with the judge’s order, which issued the suspension against Movimiento Semilla in the context of a criminal investigation for apparent illegalities in the process of forming a political party.
However, the electoral authorities also considered that “it is neither reasonable nor prudent to expose the validity of the legal personality of political organizations, since these constitute, in accordance with the law and doctrine, the basis of the Guatemalan electoral system”, points out the document.
The decision of the Plenary regarding the annulment suspends the decision of the Registry of Citizens until the electoral period ends on October 31.
The magistrates did not come to know the annulment fund promoted by the elected president Bernardo Arévalo, that questioned the way in which an ordinary judge suspended a political party, a decision that in the opinion of the elected president corresponds exclusively to the authorities in electoral matters.
Show security
For his part, Arévalo assured that on Sunday he will assume the Presidency despite the fact that the Public Ministry (MP) has carried out legal actions against him and his party. accusing them of alleged electoral illegalities.
“From a legal point of view, There is no possibility (to prevent him from assuming). Of course, they will always continue making attempts and will continue wanting to play, through whimsical interpretations, the last minute game,” he stated.
In December, the Constitutional Court (CC) ordered to guarantee “the taking of possession” of all elected officials, while the Supreme Electoral Tribunal declared the results of the elections as “unalterable and final.”
The Prosecutor’s Office took legal action against Arévalo since the elections June went to the second presidential round. The now elected president then denounced an attempted “coup d’état” in light of his promise to combat corruption.
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