2023-10-07 09:03:01
The constitutional lawyer Edgar Ortiz. Photo: Screenshot: Live Broadcast
Faced with the possibility of breaking the constitutional order, a group of lawyers and citizens presented an amparo before the Constitutional Court (CC). This action has the objective of ensuring that the highest level of constitutional justice avoids any threat to the country’s democracy.
In addition, it was explained that the aim is to respect the popular will expressed at the polls, during the electoral days of June 25 and August 20, when Guatemalans met in the first and second rounds of the elections.
Constitutional lawyer Edgar Ortiz, spokesperson for the group, indicated that the raids carried out by the Public Ministry (MP) to the Supreme Electoral Court and the Electoral Process Operations Center (COPE), have put the democratic transition and the constitutional order at risk.
The protection seeks to stop “the arbitrary and abusive use of the Law against Organized Crime”, which the judicial authorities have used against the political party Movimiento Semilla and the “abusive” use of criminal investigation mechanisms against the electoral process, Ortiz said.
REQUESTS
Ortiz announced that the group asks for respect for the electoral process and for the integrity of the election results to be guaranteed, which will allow the elected authorities to take office.
Another point they highlighted was that the legal status of Semilla be reestablished, allowing them to fully participate in political events and exercise their rights, as well as that judicial measures be taken against those authorities that have acted outside the legal framework, in particular the seventh judge. criminal A, Fredy Orellana, and the entities that have exceeded their powers.
CLAIMS
The group announced that there is a “lack of action” by the authorities to resolve the situation, and that they are ignoring the decision of Guatemalans, made at the polls.
This could harm the rights of citizens to elect their representatives and “live in a true democracy.”
Given this, the lawyers stressed that the authorities would be violating essential rights, which include the right to elect and be elected, respect for popular sovereignty, democratic exercise and respect for legality in the exercise of public power. .
ARGUMENTS OF THE CLAIM
Through a press release, the group of legal professionals argued:
1. Interference of criminal justice in electoral matters: The seventh criminal judge A made decisions
that directly affect the electoral sphere, interfering in the exclusive powers of the
Supreme Electoral Tribunal (article 223 of the Constitution).
2. Arbitrary actions of the FECI: This entity has made interventions and requirements that
seek to obtain information and electoral documents, the management of which corresponds
exclusively to the TSE. Furthermore, their actions, such as opening voting boxes, are
powers that do not correspond to him.
3. Ignore and belittle the popular will: Actions taken, such as ignoring the
Semilla deputies, are a clear detriment to the democratic expression of the people
Guatemalan. The threats to the popular will have not ceased.
4. Uncertainty and destabilization: The actions and decisions taken have created a climate of
uncertainty and risk that threatens the democratic and constitutional stability of the country.
As the Constitutional Court pointed out in one of the most critical moments of our constitutionalism.
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