Global Courant
The assertive and serious expressions of various sectors continue to add to the absolute respect for the citizen’s will expressed in the constitutional right to vote issued on Sunday, June 25. It is the obligation, power and responsibility of the TSE magistrates, at the risk of criminal consequences if they fail to comply with their duties, to guarantee the integrity of Guatemala’s current electoral assets. As has always been said in this space since their appointment in Congress in March 2020, the fidelity of the titular and substitute magistrates is with the citizenry, not with parties, leaders or benches.
Following up on the ruling of the Constitutional Court, the hearings to review the electoral count begin today. The strange opinion of the CC, from which they wash their hands by leaving it in charge of the Court of Justice —which has not judged such a matter and now must do so by delegation—, orders a second comparison and that is all that can and should be done . Any overreach or nefarious attempt to distort, disqualify or delay the results of the elections would undoubtedly be suspicious and, depending on the case, punishable.
With a tone of serenity, so necessary at this time, but without losing poise, the Episcopal Conference of Guatemala yesterday urged the electoral authority to carry out the review of challenges with the appropriate speed and transparency to comply with the provisional protection and guarantee the development of the second round within the established period. The lucidity of this observation by the bishops stands out: “The entrapment of amparos and counteramparos can pervert the sense that elections are settled at the polls, since sovereignty corresponds to the people of Guatemala and not to the courts.”
Review hearings constitute a civic legal process and parties should not interfere in them, since they, by law, are subject to the authority of the Supreme Electoral Tribunal. Devious and malicious actions such as those of candidates with very low results, less than 1% —who condemn their electoral vehicles to disappear—, can only be interpreted as cheap opportunism or an eagerness to ingratiate themselves with dark sponsors and who only seek to cause anxiety and wear down the confidence in the rule of law.
In any case, parallel independent comparison processes are already being carried out, such as the one carried out by the Electoral Observation Mission of Guatemala (MOE-Gt). They constitute an unavoidable reference because it is carried out in the spirit of civic contribution, on a voluntary, non-partisan basis. In order not to interfere or cause additional noise, their results will be announced after the TSE has published the official results of the first round. An audit called Digital Fiscal is also carried out, which invites citizens to examine the results of the table where they voted, based on the information available on the TSE platform, in a collective exercise of free and public electoral accounting. Every citizen can join and participate.
Any attempt to undermine democracy at this stage would be a scandal and a potential crime. Review hearings must be public and open to all accredited political party prosecutors, but also to the national and international press. There is no time or space for blunders, malicious litigation or, even worse, extemporaneous güizachadas.
