The Constitutional Court (CC) provisionally protects María Consuelo Porras to avoid being dismissed as attorney general of the Public Ministry (MP). The decision was by majority.
On May 5 just past, prior to a national broadcast given by President Bernardo Arévalo, the MP announced on his social networks that he presented a constitutional action for protection before the CC; Furthermore, he described Arévalo’s actions as “a real, certain and imminent threat.”
The investigative entity pointed out that President Arévalo has promoted actions that “can lead to attacks once morest the physical integrity and life of both the attorney general, Consuelo Porras and other officials”.
On the national network, the president announced that he would present to the Congress of the Republic an initiative to reform the organic law of the MP, with the objective of dismiss Consuelo Porras.
He added that the objective of this reform of the organic law is so that the “Public Ministry should not be used as a political weapon once more by any government.”
On Monday, May 6, the CC processed the protection filed by the investigating entity once morest Arévalo; In addition, the General Secretariat of the Presidency reported that the required reports were presented.
The resolution of the CC orders that the authorities refrain from constitutional and legal acts that violate the mandate of Consuelo Porras.
Bernardo Arévalo’s bill sought the legal dismissal of the attorney general and head of the MP.
In the resolution, the Court explains that Consuelo Porras considers “her constitutional rights of freedom of action and defense violated, as well as the legal principles of due process, functional autonomy and independence of the Public Ministry.”
The CC considers that it should proceed when circumstances show the existence of constitutional conflicts that may compromise the rule of law and democracy.
It also refers to the content of article 251 of the Political Constitution of the Republic, which states: “the Public Ministry is an auxiliary institution of the public administration and the courts with autonomous functions, whose main purposes are to ensure strict compliance with the laws of the country.”
Furthermore, “its organization and operation will be governed by its organic law. The head of the Public Prosecutor’s Office will be the Attorney General of the Republic and will be responsible for the exercise of public criminal action.”
The article orders that the Attorney General of the Nation will last four years in the exercise of his functions and will have the same preeminences and immunities as the magistrates of the Supreme Court of Justice.
The CC orders the reported authorities to unrestrictedly observe the republican, democratic and representative system recognized in Article 140 of the Political Constitution in the exercise of their powers.
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Furthermore, they should refrain from carrying out any act that, outside the Constitutional and legal framework, violates the mandate for which Consuelo Porras was elected.
Requests that actions that tend to restrict the functional and economic autonomy of the Public Ministry be avoided and that all actions that the Constitution and the laws impose on them be carried out to provide the assistance that the investigating entity requires for the exercise of its functions.
Resolves to protect, if necessary, the access of users and staff to the facilities occupied by the MP.
Secretary speaks out
Juan Gerardo Guerrero Garnica, Secretary General of the Presidency, in his account on the social network of the State, we must correct.”
He added: “we have acted within the framework of the Constitution and the principle of legality and we will continue to do so. “We will make all necessary efforts to purge the country of the scourge of corruption.”
In relation to the provisional protection granted to the Attorney General: The Constitutional Court does not indicate any specific act that the President, or we as lawyers of the State, must correct.
We have acted within the framework of the Constitution and the principle of legality and…
— Juan Gerardo Guerrero Garnica (@GuerreroGarnica) May 7, 2024
The resolution of the CC orders that the authorities refrain from constitutional and legal acts that violate the mandate of Consuelo Porras. The bill of @BArevalodeLeon sought the legal dismissal of the Attorney General.@free Press@Guatevision_tv pic.twitter.com/ZOwYDFKVKt
— Douglas Cuevas (@dcuevas_gtv) May 7, 2024
Porras said he does not receive orders
This Tuesday, May 7, the attorney general, in the company of several prosecutors, spoke out once morest the actions of Bernardo Arévalo’s government in trying to reform the MP’s organic law.
Attorney General Consuelo Porras questioned the government’s “anti-corruption fight” and denied that it receives instructions in English and Spanish.
The official criticized the actions of the president and vice president Karen Herrera, whom she accused of promoting “spurious, malicious and undemocratic actions.”
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