Global Courant 2023-05-25 20:54:02
Carlos Pineda, presidential candidate of the Citizen Prosperity party, filed an annulment appeal before the Supreme Electoral Tribunal (TSE) with which he seeks to reverse the decision of the Citizens’ Registry that suspended his presidential candidacy.
As reported by Erick Castillo, from Pineda’s legal team, with this challenge it is demanded that the decision of the general director of the Citizens Registry (RC) – Ramiro Muñoz – be revoked, since they consider that he was not empowered to execute a provisional protection of a resolution of an amparo court that is not firm and that was appealed before the Constitutional Court.
That is why Pineda and his lawyers believe that Muñoz should not have suspended the registration of the candidates nominated by Prosperidad Ciudadana and that by doing so the registrar violated due process and the political right to be elected, guaranteed by articles 12 and literal b). 136 the Political Constitution of the Republic of Guatemala.
Castillo added that through the annulment they presented, Pineda requests the TSE to revoke what the director of the RC ordered and to claim and maintain the validity and exercise of his political right to be elected, as well as the right to be elected all citizens postulated by Citizen Prosperity.
It adds that this action that they presented is in defense of and respect for the political right to be elected of all those nominated by the political party and respect for the right to choose, which corresponds to the people of Guatemala.
The suspension of the candidacy
On May 19, the Sixth Chamber of the Court of Appeals for Administrative Litigation of the Judicial Branch, constituted as an Amparo Court, granted a provisional amparo to members of the Cambio party and annulled the Citizen Prosperity assemblies, which left without effect its more than 200 applications.
The political party Cambio reported that they detected a series of apparent irregularities in said national assembly of Citizen Prosperity and these were exposed through an amparo action that was resolved in their favor on May 19.
On May 21, the RC issued resolution SRC-R-1830-2023 that suspended, while the processing of the amparo granted by the Sixth Chamber lasts, “the minutes documenting the second ordinary national assembly held on November 20 of 2022 by the political party Prosperidad Ciudadana, as well as the actions and administrative acts carried out later by the National Executive Committee”.
