The plenary session of magistrates of the Supreme Electoral Tribunal (TSE) accepted the appeal for annulment presented by the candidate for deputy Manuel Baldizón and declared its registration admissible for the June 25 vote.
Three magistrates voted in favor and two against. Among those who endorsed the registration is Irma Palencia, Mynor Custodio and Alvaro Ricardo Cordón, the latter participated in place of Judge Blanca Alfaro, who withdrew. The dissenting votes were in charge of Rafael Rojas and Gabriel Vladimir Aguilera.
Baldizón’s defense pointed out that “It is false” that the politician has been sentenced in the United States for money laundering “and unless this constitutes a notorious fact”. They also argued that Criminal Law is territorial (…) a foreign judge is not competent to limit the political rights of Guatemalans”.
Another point that they highlighted is that the former presidential candidate does not appear on the Engel List, while other politicians, who are part of that list, are already registered in the electoral process.
And although they recognize that Baldizón is linked to two criminal proceedings, there is no firm resolution that prevents his registration as a candidate.
Such arguments were valid for the magistrates because, in an extensive resolution, They justify their decision with the circumstantial reports from the Public Ministry where they state that Manuel Antonio Baldizón Méndez has no records of convictions or benefits from measures to remove the judicial system.
“It is evident that there is no firm judicial pronouncement that allows this court to restrict the exercise of the duties and political rights of the citizen Manuel Antonio Baldizón Méndez, so that as long as there is no duly executed conviction, this collegiate body has the obligation, pursuant to what is regulated in the articles of the American Convention on Human Rights of not violating the legal principle of presumption of innocence of the citizen of merit, and, on the contrary, to guarantee their participation rights (…) to vote and to be elected in elections…” the resolution details.
Regarding the conviction of Baldizón in the United States for money laundering, the magistrates consider that the sentences issued abroad “have no effect in the national territory”.
“The sovereignty of a State is manifested, among other things, through the exclusive exercise of jurisdictional power, as established in article 203 of the Political Constitution, with the Judicial Branch exercising, exclusively, the jurisdictional function in Guatemalan territory (…) sentences issued abroad are not, in principle, effective in the national territory,” the 34-page document details.
With which they conclude that Baldizón can indeed seek a deputation with the Cambio party, a group that also promotes the candidacies of his sons Manuel and Jorge Baldizón Vargas.
dissenting votes
Although three magistrates voted in favor, two voted against and made their position clear in the resolution. Gabriel Vladimir Aguilera and Ranulfo Rafael Rojas agree that Baldizón should not be a candidate.
Judge Aguilera considers that there is no doubt that Baldizón rendered an account before the competent authorities of the United States, because it is possible to verify it on the official site of the Courts of the Southern District of Florida, where details of the judicial process against Baldizón are provided.
It also details that the plea agreement is at hand where Baldizón signs as a defendant and pleads guilty.
Regarding the criminal proceedings against the politician (the Odebrecht and Transurbano case), Aguilera considers that, although there is a presumption of innocence, the MP challenged the substitute measures, considering that there are sufficient indications for criminal prosecution.
Along the same lines, Rojas spoke, who makes it clear about the criminal proceedings against Baldizón for the crimes of illegal electoral financing and unregistered electoral financing. He also mentions the conviction in the United States, as it is a “fact of public knowledge.”
Despite this, Baldizón’s participation continues, so, at the moment, there is no doubt that he will appear on the ballot for deputies for the National List.