More than two months ago, the Supreme Electoral Tribunal (TSE) awarded more than 4,300 positions to citizens who won a popularly elected position. Despite this, yesterday the Special Prosecutor’s Office Against Impunity (FECI), an entity attached to the Public Ministry, asked the TSE for a final report on the electoral results.
The criminal investigation carried out by the Public Ministry – Semilla corruption case – once morest the political party also reached the electoral process. According to the FECI thesis, there were a series of illegalities.
“The format of the election minutes was not the one that had been approved by the plenary session of TSE magistrates, that is why we said that, what legal certainty did those results have that they were keeping in minutes, which had not been approved by the plenary session?” indicated the head of the prosecution, Rafael Curruchiche.
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To comply with this requirement, the TSE has until Wednesday to send a copy of the electoral results to the Seventh Criminal Court, the judiciary that is in charge of the investigation once morest the political organization Semilla.
The doubts that the FECI maintains also focus on the contracting and awarding of the computer system that served to publish the results. There are some points that, in his opinion, are not clear, said the head of the prosecution.
“Also the pre-loading of data into the computer system and following the electoral auditor had summoned the members of the Municipal Electoral Boards and gave them blank formats so that they would fit and coincide with the TSE computer system,” are other points. from Curruchiche.
They will give posture
The TSE says that it will deliver a position and that it will comply with the prosecution’s request. “If any request is being made to us, we will be complying accordingly, of course we will have to analyze it,” said Rafael Rojas, acting president of the TSE.
Although the memorial has been in the electoral body for months, the presiding judge, Blanca Alfaro, said that due to legal actions it was impossible for them to establish a position. But now the request with a deadline enters the TSE, while Alfaro is on an official trip outside of Guatemala.
Gabriel Aguilera, TSE magistrate, indicates that they will respond, but highlights that the results are already firm. “I think the TSE has mentioned that the results were made official. “That the electoral event is already over.”
The attacks continue
Lawyers who are experts in constitutional issues do not see support in the FECI request, since the results were final.
“Insisting on altering the current and unalterable results is unfeasible and an excess of powers of the prosecutor’s office. I am concerned that the message that it seems to send is that the intentions to attack the 2023 elections do not stop. This is one more attempt to discredit the elections,” said lawyer Edgar Ortiz.
The lawyer recalled how a definitive protection from the Constitutional Court (CC) supported the results. As well as a question of jurisdiction also dictated by the highest constitutional entity, it established that the MP has no scope in electoral matters.
Lawyer Alexander Aizenstatd has the same position, reaffirming that the electoral results can no longer be altered. “There is nothing the TSE can do to reverse the election result, even if it wanted to do so. That has already become irreversibly firm.”
They ask to reaffirm suspension
In the memorial that the FECI transferred, another request also stands out, to comply with a court order dated January 8 in which the suspension of the Semilla Movement political party is dictated.
At the moment the organization is provisionally suspended. The judicial decision cost the political group to obtain key positions within the Congress of the Republic.
To comply with this decision, the FECI transferred the judicial resolution with the order. Likewise, he attached the conviction sentences, through acceptance of charges, that three TSE workers accepted in recent weeks.
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