The four titular magistrates of the Supreme Electoral Tribunal (TSE) who are being investigated for their alleged involvement in irregularities in the purchase of the Preliminary Electoral Results Transmission System (TREP) for Q148 million, paid this Friday, April 12, the bail of Q700 thousand that He imposed an Appeals chamber on them.
The TSE judges Irma Palencia, Mynor Franco, Gabriel Aguilera and Rafael Rojas appeared this Friday at a hearing in the Twelfth Pluripersonal Court of First Criminal Instance, where the resolution of an Appeals chamber that issued a ruling favorable to a appeal by the Public Ministry (MP) once morest the substitute measures with which the togados had benefited.
The designated TSE magistrates delivered a payment policy to comply with the Q700 of financial bail ordered by the First Criminal Chamber, according to judge Mynor Franco.
“We do not have the funds, but the law allows us to guarantee before the judge through a policy and that is what we are doing,” Franco reiterated.
In the first instance, Judge Karen Chinchilla linked Palencia, Franco, Aguilera and Rojas to proceedings for the crime of fraud; Furthermore, the judge ruled that there was no merit in favor of Palencia for the crime of abuse of authority.
The judge had imposed a substitute measure of Q100 thousand on each magistrate, so that they might obtain freedom while the case continued and might continue with their functions in the TSE.
However, the Criminal Chamber partially upheld the MP’s appeal and added that the judges are prohibited from continuing to hold office in the TSE until they resolve their legal situation; In addition, they are prohibited from communicating with employees and appearing at the headquarters of the electoral institution.
It also modified the financial bond from Q100 thousand to Q700 thousand for each magistrate. The resolution also revoked the benefit of lack of merit issued to Irma Palencia for the crime of abuse of authority.
According to the resolution, the substitute magistrates must make up the Plenary.
Critical resolution
Franco described the order of the First Criminal Chamber as “a legal aberration.”
“It seems to me to be a legal aberration, both this – the bail – and the process we have, but we have to respect, they exceeded their functions,” he explained.
“The Court is paralyzed and I hope that some issues that have been raised in bad faith do not advance (…) that through criminal means they try to violate the democratic process is regrettable, we as magistrates face this situation (…) we have our work strategies , of legal struggle, we know that we have an adverse system, but we are showing our face,” said Franco.
The MP issued arrest warrants once morest the magistrates on January 11. They were stripped of their right to pretrial during a session in the Congress of the Republic on November 30, 2023.
The Trep system had a cost of Q148 million which, in the opinion of the Comptroller General of Accounts, would have been overvalued.
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