Investigative Commission recommends not removing immunity from TSE magistrates due to Manuel Baldizón’s registration

Justice

Investigative Commission recommends not removing immunity from TSE magistrates due to Manuel Baldizón’s registration

Three TSE judges are accused of alleged irregularities for having registered Manuel Baldizón as a candidate for deputy in 2023.

The Investigative Commission reports that it does not recommend removing immunity from three TSE magistrates for Manuel Baldizón’s registration in the 2023 electoral process. (Prensa Libre photo: Henry Montenegro)

The Congressional Investigative Commission recommended on Tuesday, August 13, not to remove the immunity of three Supreme Electoral Tribunal (TSE) judges.

These are the magistrates Irma Palencia, Mynor Franco and the substitute Álvaro Cordón against whom the removal of immunity was requested for the registration in the 2023 electoral process of Manuel Baldizón as a candidate for deputy, whose participation was later revoked.

Speaking to the press, MP Christian Joel Martínez of Vamos, president of the Investigative Commission, referred to the recommendation not to remove the immunity of the three officials, although the report is not binding and remains in the hands of the full Congress.

He added that as a commission they followed each of the steps established in the law on the subject of impeachment, which is why they allowed the corresponding hearings for those involved and the plaintiffs.

He said that after having the corresponding documentation, they consider “that it is not viable to remove the immunity of the judges involved in this impeachment,” although they must present the report to Congress and the plenary session will review it and consider whether or not to remove the immunity of the officials.

On August 23, 2023, the Office of the Public Prosecutor for Administrative Crimes of the Public Ministry (MP) requested that the immunity of the aforementioned judges be removed.

The MP accuses them of the possible commission of crimes of failure to fulfill duties, abuse of authority, and resolutions that violate the Political Constitution of the Republic of Guatemala.

For more information: CC rejects appeal of TSE magistrates and keeps them separated from their positions

The request to remove these TSE magistrates’ immunity is in response to the declaration that Manuel Antonio Baldizón Méndez’s registration – who was ultimately excluded from the electoral contest – was admissible.

According to the MP, the TSE magistrates were fully aware that Baldizón did not meet the requirements of Article 113 of the Political Constitution of the Republic of Guatemala, which defines the requirements of capacity, suitability and honesty, as well as Articles 162 and 164, which establish the prohibitions and compatibilities.