Global Courant 2023-04-27 22:16:26
The Constitutional Court (CC) leaves Manuel Baldizón out of the electoral contest and reprimands the Supreme Electoral Tribunal (TSE) for acting in the case, since it did not have the power to revoke his registration ex officio.
The CC recognized the politician’s lack of requirements, which the TSE magistrates should have observed from the beginning. Baldizón was postulated as a candidate for deputy on the national list for the Cambio party.
On March 16, the politician filed an amparo in the Supreme Court of Justice (CSJ) with which he sought that the TSE annul the revocation of his registration for the General Elections in Guatemala 2023.
However, the CSJ denied him the amparo, so he later went to the CC, where the magistrates also denied him the amparo, although this resolution is provisional.
In its resolution, the CC argued that with respect to the field of action of the public powers – within which the action of the TSE is included -, it is pertinent to mention that it must be subject to the powers that expressly regulate the Constitution and the laws of Guatemala, and make rational use of its powers in relation to the values, principles and constitutional and legal rules of the Guatemalan legal order.
He added that it is considered necessary to prevent the aforementioned electoral authority so that it takes into account the limitation of its actions in accordance with the constitutional and legal provisions to which it must adhere at all times.
After his arguments, the Court dismissed the appeal filed by the Cambio political party.
The TSE resolutions regarding the registration and subsequent revocation of the candidacy of Manuel Baldizón have given something to talk about, so the institution has ruled on the issue.
In a statement dated March 19, the TSE indicated: “As the public knows, the previous week decisions were made by this Court to declare a controversial candidacy viable (under the pro-person principle, a pillar of human rights, which are universal, and other considerations that appear in the aforementioned resolution)”.
Also read: Appeals Chamber gives support to Manuel Baldizón in the Transurbano case and prevents him from being investigated for three crimes
The statement added: “However, before the decision was materialized and had legal effects, it was revoked by virtue of the fact that a new analysis was launched upon receipt of complementary information (…), an action that as the governing body we have the power to carry out, considering that each appeal for annulment presented for the consideration of the Plenary of Magistrates is different, and this case dealt with the verification of the existence of circumstances of non-compliance with the requirements contained in article 113 of the Political Constitution of the Republic of Guatemala”.
