Global Courant
The refusal of the Constitutional Court to grant an amparo requested by the Supreme Electoral Tribunal, on the grounds that it has been granted, should not be interpreted as a measure of indifference, but as the reiteration, in a threatening tone, of a tacit warning against any person, official or justice administrator who through their actions or omissions threatens the culmination of an already validated and publicly recognized electoral process.
The request for such constitutional protection measure mentioned by name the Ministers of the Interior, Defense and Public Finance, as well as the President of the Judiciary (OJ) and the Supreme Court of Justice (CSJ), the Attorney General, the Attorney General of the Nation and the director of the National Civil Police. The Supreme Electoral Tribunal indicated its fear of “the certain, future and imminent threat that the denounced authorities violate the Democratic Rule of Law”, due to the fact that their actions or omissions violate the full development of the current electoral process. The CC did not grant it, as it argues, because there is already a previous amparo, granted on July 13, which declares and ensures such protection.
For some criteria, this refusal suffers from cavities but in reality it has the virtue of revalidating the full protection granted to the autonomy of the Supreme Electoral Tribunal regarding the management and protection of the citizen decision issued on June 25. Tomorrow marks a month of such massive expression and the run-off between the two parties that obtained the highest numbers of valid votes continues. Nothing and no one can or should interrupt such an appointment, and doing so incurs a crime.
The Public Ministry issued a statement yesterday in which it declares its intention to continue the investigations for alleged anomalies regarding affiliation signatures during the founding of the Semilla party. This can and should be done. What you cannot do is request, instigate or press for the cancellation of such an organization due to a prohibition of constitutional rank. The same applies to Judge Fredy Orellana, who has pressured the Registry of Citizens to carry out a procedure that, in light of such law, is illegal, an attack on democracy and contempt under the protection of the highest court.
The MP also highlights its autonomous nature in its functions to promote criminal prosecution. Such mention of its organic law is timely, because it underlines its mission to “ensure strict compliance with the laws of the country”, and as detailed in its article 1, “it will act objectively, impartially and in adherence to the principle of legality, in the terms established by law”. In other words, the MP must respect the constitutional ban on suspending any political organization during the electoral period: any pressure or harassment of the TSE to do so would logically be an illegal, inappropriate order and also a crime.
Since the Prosecutor’s Office mentions its willingness to render results of any complaint, it would be good for it to report on the progress of specific and voluminous cases that occurred in the current government, such as the alleged investigation announced in 2021 for the purchase of Russian vaccines for Q614 million; due to the anomalous transfer of Q135 million in Caminos, in 2020, or the fraud of Q67 million in the fractional purchase of equipment for the Chimaltenango hospital, uncovered in March of this year, among others.
Refusal of amparo is clearly threatening
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