2023-10-23 13:44:00
Guatemala is a republic. The republican constitution is founded, first, in accordance with the principles of freedom of the members of a society, second, in accordance with the principle of dependence of all its members on a common system of laws, and, third, in accordance with the law of equality of its members as citizens. This is stated in the constitution of the republic, which says:
«We, the representatives of the people of Guatemala, freely and democratically elected, gathered in the National Constituent Assembly, in order to legally and politically organize the State; affirming the primacy of the human person as the subject and end of the social order; recognizing the family as the primary and fundamental genesis of the spiritual and moral values of society and, the State, as responsible for the promotion of the common good, for the consolidation of the regime of legality, security, justice, equality, freedom and peace; inspired by the ideals of our ancestors and collecting our traditions and cultural heritage; determined to promote the full validity of Human Rights within a stable, permanent and popular institutional order, where governed and rulers proceed with absolute adherence to the Law.
Law is the system or arrangement of legal norms that govern a republic. The legal norm or law is the collective organization of the individual right of self-defense. As Frédéric Bastiat puts it:
«the law is the organization of the natural right of self-defense: it is the substitution of collective force for individual forces, to act in the restricted field in which they have the right to do so, to guarantee people their freedoms, their property and to maintain each one in his right, to make JUSTICE reign for all. And political or civic freedom is the security that every person will have the protection they need to do what their best judgment dictates or considers their duty against the influence of authority and majorities, custom and opinion.
To be legitimate, the law must be universal, general, equal for all, and public. That is, having the imperative or unconditioned necessity as a formal principle “acts in such a way that your maxim must become a universal law (whatever the end may be).” It must be general, that is, never refer to particular individuals in a way that can predict who it will favor or harm. Equal for all means that every person regardless of their rank or condition is subject to the law. Public, that is, whose maxims that are compatible with publicity are therefore also just, because whoever has the supreme decisive power cannot conceal his maxims. The law is a non-contradictory principle product of reason linked to the will as a foundation and never as an effect, which serves as a mandate for action.
In the republic, then, no one is above the law.
That said, in recent events those from the Semilla group and their followers claim that they want their vote, their right to choose, to be respected without it being violated. But isn’t that the same thing that those who ask that anomalies in the electoral process be investigated?
To know if our right to elect the politicians who will represent us has not been violated, it is important to investigate and review the process to clarify any reasonable doubt. Isn’t it to be expected that it will also be of interest to the Semilla group and its forces? However, the reaction of Bernardo Arévalo and the Semilla group has been to try to prevent the investigation at all costs, accusing the Public Ministry of an attempted coup d’état (even though a coup d’état can only be carried out against those who govern and never against who doesn’t), and demanding that Attorney General Consuelo Porras, prosecutor Rafael Curruchiche and Judge Fredy Orellana be dismissed, in some way, since they know that by law this is not possible. Because? What do you know that you don’t want to come to light?
Some magistrates of the Supreme Electoral Tribunal have also opposed the MP’s investigation to the point of making a scandal more typical of a soap opera than of the dignity that corresponds to them. What do they know that they don’t want to be known?
Since the law does not assist them and they want their whims to prevail, they have renounced all reasonableness and have resorted to force and coercion, like despots, to impose their will. But in doing so they have violated more laws than the MP’s investigation could have revealed.
The truth is that there was fraud in the electoral process. It was done under everyone’s noses. It is visible for whoever wants to see. Not wanting to know the truth is a state of denial, it is acting in bad faith. The Supreme Electoral Tribunal fixed the possibilities by establishing the repertoire from which the population could choose. He applied the law arbitrarily to whom he wanted and did not apply it to whom he wanted to favor. He suspended the candidacies of Thelma Cabrera and Augusto Jordán Rodas for a settlement, that of Roberto Arzú for an early campaign, and that of Pineda and the Citizen Prosperity Party – which was leading in the polls – for administrative errors such as a poorly held assembly. But he did not do it with the Semilla Party knowing from having been informed since May 30, 2023 of Semilla’s trap to register his political party. He did not act against him, despite knowing that he lacked legal personality as he had registered committing the crime of “ideological falsehood.” Ideological falsehood is when a document appears to be legitimate and authentic, but it is not, due to adding, changing or omitting information. And according to article 25 of the Civil Code, “Associations may be dissolved by the will of the majority of their members and for the reasons determined by their statutes. They may also be dissolved by agreement of the respective authority, at the request of the Public Ministry, when verify that their activities are contrary to the law and public order.” And “ideological falsehood” is contrary to the law, it is a criminal offense according to article 322 of the Penal Code, which says “who, in connection with the granting, authorization or formalization of a public document, inserts or causes to be inserted false statements concerning a fact that The document must prove, so that damage may result, it will be punished with imprisonment of 2 to 6 years. And the Semilla group to register as a political party presented false signatures, signatures of dead people and signatures of people who did not give their consent, that is, they inserted false statements. And knowing this, they used said document to register their candidates, violating article 325 of the penal code, which states “whoever, without having intervened in the falsification, makes use of a falsified document, knowing that it is false, will be punished with the same penalty as the one corresponds to the author of the falsification. By protecting the Semilla party, the TSE set the stage so that by reaching the second round it could win by voting against Sandra Torres. They bet on a possibility confirmed in the previous elections. Although the TSE is the authority in the election process, its authority is limited to applying the law in a way that its universality, generality, equality and certainty prevail. In no way is the TSE empowered to act as a despot arbitrarily deciding who competes and who does not. Regardless of what else the MP discovers, the fraud was already done in the way I have described. The Semilla party candidates competed illegitimately. In other words, the cards were already marked.
As through legal means, Arévalo and his forces have not been able to prevent the investigation of the MP or the removal of the officers who hinder them, they have resorted to illegal means, contrary to the law, like any criminals, to impose their abuse. Thus, they add to their list of misdeeds the crime of sedition, which, according to article 387 of the penal code, states that “the crime of sedition is committed by those who, without ignoring the authority of the constituted Government, rise up publicly and riotously to obtain by force or violence any of the following objects: depose one or some of the public officials or employees… [y] “exercise, for political or social purposes, any act of coercion against individuals, against a social class or against the belongings of the State or any public entity.” To do this, they have involved the leaders of the 48 cantons of Totonicapán, making them violate their declared principles. Because forcibly preventing the MP’s investigation through blockades contradicts with actions its supposed principle “justice from the search for truth and honesty.”
They add to their previous crimes the crime of coercion that in article 214 of the Penal Code stipulates: “who, without being legitimately authorized through a violent, intimidating procedure or that in any way compels another, forces the latter to do or stop doing what the law does not prohibit, does or consents to what he does not want or tolerates that another person does it, whether it is fair or not, will be punished with imprisonment of 6 months to 2 years. If coercion is committed against a judicial official so that he resolves in a certain sense or fails to resolve a matter within his knowledge, the penalty to be applied will be 2 to 6 years in prison. »
As if all of their previously mentioned crimes were not enough, they crown these with the crime of terrorism, which in the article of the Penal Code states: “the crime of terrorism is committed by anyone who, with the aim of altering the constitutional order, the public order of the State or coercing a legal person under Public Law, national or international, will carry out an act of violence, attack against human life or integrity, property or infrastructure, or who with the same purpose will carry out acts aimed at starting a fire or causing havoc or railway, maritime, river or disasters. air.”
And now Bernardo Arévalo calls for a national dialogue to induce those who participate to commit the crime of self-concealment that is detailed in article 474 of the Penal Code as follows: “anyone without concert, connivance or prior agreement with the criminals is responsible for self-concealment.” “authors or accomplices of the crime but with knowledge of its perpetration, intervene subsequently, carrying out any of the following acts: helping the author or accomplice to evade investigations by the authority or escape from the latter’s investigation.”
You don’t negotiate with criminals. You can’t reach a compromise. A compromise is an adjustment of conflicting demands through mutual concessions. This means that both parties to a commitment have some valid demand and some value to offer each other. Which means that both parties agree on some fundamental principle that serves as the basis for their agreement. But what fundamental principle serves as the basis for the negotiation between the population and the criminals of Semilla? It is not respect for individual rights, since Bernardo Arévalo and his army have been violating the rights of Guatemalans for more than twenty days. It is not respect for the law, because what Bernardo Arévalo and his army seek is impunity, if possible by modifying the law, stripping it of its generality and universality, to make it particular and thus favor them. It is not respect for the rule of law, because what Bernardo Arévalo and his Semilla forces are looking for is not to be subject to the law, but for their sovereign will to be done, they are looking for a despotic State.
And what value do these would-be dictators offer? Stop extorting us? Not continue committing crimes? Allow us to live in peace? Give us permission to circulate, trade and live? Refrain from continuing to lie? With what law! If it happens that two groups that hold different or opposing basic principles collaborate, it is the most unreasonable and perfidious that wins. No, the despotism that Semilla seeks should not prevail. The law must be applied. Criminals must pay for their crimes.
JUSTICE MUST PREVAIL.
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