Global Courant
On July 4, 2023, the country’s Departmental Electoral Boards (JED) are holding hearings to review electoral records to comply with an order issued by the Constitutional Court (CC) that granted provisional protection to nine political parties. that they affirmed that there is a risk for the process if the Supreme Electoral Tribunal adjudicated charges if there were pending objections and challenges.
After the results of the voting on June 25, the results have not yet been made official since the CC supported the political parties Cambio, Mi Familia, Valor, Podemos, Vamos, Creo, Cabal, VOS and Azul, as well as the UNE, and a second scrutiny review was ordered.
The aforementioned hearings to review the minutes had already been carried out in accordance with the law, in the five days after the voting, but now due to the amparo filed, another review was ordered.
The complaints from the parties maintain that there are more than a thousand tally sheets altered or with inconsistencies, since they have data that does not coincide. This number of tally sheets represents 0.82% of the 121,227 processed (out of a total of 122,293) in the scrutiny, according to official figures.
Security
These hearings are held in the Parque de la Industria and that is why since last Monday, July 3, the National Civil Police and the Military Police surrounded the premises to prevent any incident.
Outside the industry park facilities, a group of people arrived at gate 6 of that complex and demanded that the citizen vote be respected and to reject the decision of the CC.
“The people have already voted. We are vigilant. Respect the popular will”, was one of the banners carried by the protesters.
Others carried signs saying that there was no electoral fraud and that in any case the fraud was committed with the resolution of the CC.
Besides, a group of sympathizers of the Creo party arrived at Parque de la Industria and wanted to participate in the audience as observers, but they did not have accreditation.
the postures
The prosecutors of the political parties attended the review of the minutes and criticized the members of the JED because, according to the political organizations, the hearing was not being carried out as resolved by the CC.
Come on
Héctor Aldana, prosecutor of the official Vamos party, said that there was a misinterpretation of the CC resolution, since it was clear when it said that all the minutes were going to be reviewed, not just 4.
He cited the JED of Escuintla as an example, which said that they are only going to review the records that appear in the amparo, but that this is not the case, because that was only what was detected at the beginning.
Aldana insists that the CC says that it has to be reviewed record by record because there is nothing to compare it with.
He affirmed that the prosecutors of his party were denied a copy of the record 4 or the record 5 of certification.
“What we are asking for is a comparison of minutes between 4 and 5 and if they join both there would be no need and if it joins with minute 2 that establishes the number of voters at each table, there is no need -for the review-” Aldana said.
He commented that in the amparo granted by the CC there are 300 minutes, which the political parties did determine that they have shortcomings and inconsistencies both in the sum of votes, the allocation to each of the political organizations and even have studs and do not have saved.
He affirmed that some of the inconsistencies they have found is that the number of votes in favor of the Seed Movement has increased and that what they want is to open the boxes and compare minutes 4 and 5.
He affirmed that it is not illegal to open the electoral boxes, because the CC ordered a vote-by-vote count and that there is legislation that supports it.
Worth
Elmer Palencia, prosecutor of Valor, commented that what they could see is that each JED had different criteria to carry out the review hearings, since the TSE did not give them a guideline on how to do it, but only told them to comply with the resolution of the CC.
They also criticized the fact that the hearings are being carried out as if it were a normal procedure when it should be different, since it does not make sense to repeat the way in which the first review hearing was carried out.
He pointed out that if necessary, the electoral boxes should be opened to collate the data and thus be transparent.
Carlos Velásquez Monge, general secretary of the Republican Party, affirmed that the message that the TSE is sending to the population is that the elections got out of hand, because there is no control and there are resolutions based on personal criteria.
When asked about the decision that each JED decide how to proceed in the review hearing, he said that the attitude of the president of the TSE, Irma Palencia, leaves much to be desired and that they are considering filing a complaint against her and the magistrates so that they withdraw the right to a trial and investigate them for their lack of capacity in the electoral process and also embezzlement of funds.
He said that the solution of the CC is only a cry of the people that the elections be transparent, regardless of the person who wins, but that the votes must legitimize it.
Seed says it’s illegal
Juan Gerardo Guerrero Garnica, a prosecutor for the Movimiento Semilla, said that they are concerned because during the review hearing, the prosecutor for the Vamos party, seconded by those from other political organizations, such as Mi Familia and Partido Popular Guatemalteco, went from table to table threatening the members of each Departmental Electoral Board to open the electoral boxes and count vote by vote, which is illegal.
“This is totally illegal, there is no support in the Electoral and Political Parties Law, the regulations or the decree calling for elections that allows this act and that is undermining the electoral process, it is going against the popular clamor that on the 25th of June of this year was totally fed up with this system co-opted by the illegal political-electoral networks,” said Guerrero.
He said that there are three assumptions in the amparo granted by the CC and that the first is that the minutes where it is considered that there are some kind of inconsistencies are reviewed, but that the highest court left a third assumption in which it says that in some cases very It is evident that the electoral box could be opened to count the votes.
“What the Constitutional Court did was outside the legal and constitutional framework, ironically being the highest constitutional court… the worst of the case, we are facing a historic and disastrous fact where the Constitutional Court whose main purpose is the defense of the order of constitutionality, practically resolved without being competent, because the competent one was the Supreme Court of Justice and if you observe the provisional amparo they -the CC- recognize that they do not have competence and practically go against their own internal regulations, “said Guerreo.
Sandra Torres, presidential candidate of the National Unity of Hope, was approached by journalists at the end of a meeting of the party with various sectors and about the review of minutes that takes place in the Parque de la Industria, she said that what they requested was a comparison of minutes and that they hoped that the process would be carried out in a good way.
He pointed out that the CC granted five days for this process and that he hopes that after that it will be possible to campaign for the second round and that it will take place on August 20, as planned and that date will be respected.
