- Opposition leader Edmundo González said that the procedure carried out by the Electoral Chamber is not contemplated in the Organic Law of the Supreme Court of Justice | Photo: EFE
Edmundo González published a statement in which he reported that would not attend the summons issued by the Supreme Court of Justice (TSJ) for August 7. In the text he explained his personal reasons and the legal aspects for which he considers the process to be inappropriate.
González highlighted the procedure being carried out by the Electoral Chamber to “verify the results” of the presidential elections and denounced that the measure could lack impartiality.
He also warned that attending the summons would be a violation of due process and could put his freedom at risk. Below are some of the key points of the statement.
Inaction of the CNE
González began his statement by clarifying that the National Electoral Council (CNE) has not fulfilled its duties regarding the presidential elections and their results.
There has not been a timely totalization based on the minutes of the vote count made available to the participating political organizations and candidates, nor have all the audits ordered by current regulations been carried out,” the text detailed.
The leader indicated that the CNE has not yet published results that comply with the provisions of the Constitution and the Electoral Process Law.
He explained that in order for the CNE to fulfill its role of guaranteeing the transparency of the results, it must make the authentic minutes public and allow a scrutiny with the presence of witnesses from the political parties, presidential candidates and international observers.
Usurpation of electoral functions
González warned that the Electoral Chamber of the TSJ cannot “usurp the constitutional functions of the Electoral Power” by attempting to justify the results of a presidential election. He added that results that have not been published by the CNE under Venezuelan and regional legal standards cannot be “certified.”
The opposition leader said that it would not be legal for the Electoral Chamber and the CNE to cooperate in carrying out audits of the results of the July 28 elections.
It is essential to safeguard the principle of separation or division of powers and preserve the constitutional powers and duties of the CNE, also avoiding the distortion of the powers of the electoral jurisdiction,” he added.
González asked the authorities to “restore their common sense” and to take the procedure to the “constitutionally competent” authorities, that is, for the CNE to resume the process of publishing the results and carrying out the audits.
Lack of legal basis
The politician indicated that the procedure in which he was summoned by the president of the TSJ, Caryslia Rodríguez, is not contemplated in the Organic Law of the Supreme Court of Justice or another law on electoral jurisdiction, so it would lack legal bases for its execution.
This observation had already been made by lawyers Delsa Solórzano and Perkins Rocha, national witnesses of the Democratic Unitary Platform (PUD) before the CNE. The leaders pointed out that the appeal filed by Nicolás Maduro and accepted by the Electoral Chamber is a figure that does not appear in the Venezuelan legal framework.
“Where is there a hearing or inquisitorial process before the Electoral Chamber to certify the results and to preliminarily determine the existence of alleged criminal responsibilities? Why are the inquisitorial powers of the CNE, which according to constitutional jurisprudence are exclusive, being ignored?” González questioned in the statement.
Edmundo Gonzalez’s defenseless condition
González suggested that he seems to be “condemned in advance” in the process that the Electoral Chamber of the TSJ has carried out. He also warned that if he went to the meeting he would be defenseless and would put his freedom at risk.
“Citizen Nicolás Maduro Moros, who has filed an alleged appeal before the Electoral Chamber, has publicly stated, on August 2, 2024, that if I do not appear, I will incur legal liability, and that, if I appear and submit copies of the voting records, there will also be serious criminal liability. Is this an impartial procedure that respects due process? Am I already condemned in advance?” the opposition leader warned.
The politician indicated that the summons from Judge Rodríguez requests that he hand over all electoral material in his possession and answer the questions posed by the court. However, he alleged that the terms under which this appearance would take place are unknown.
If I go to the Electoral Chamber in these conditions, I will be in absolute vulnerability due to defenselessness and violation of due process, and I will put at risk not only my freedom but, more importantly, the will of the Venezuelan people expressed on July 28, 2024,” he clarified.
Finally, he commented that, if the conditions imposed by the court were accepted, the efforts of Venezuelans who voluntarily contributed to obtaining evidence of the votes would also be at risk.
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2024-08-08 02:17:05
