Four judges of the Supreme Electoral Tribunal (TSE) made themselves available to the Twelfth Criminal Court of First Instance, after several months of remaining outside the country and losing their immunity. According to analysts, the criminal process against the togados will be used by the attorney general, María Consuelo Porras, to demonstrate that she still has power and influence in the country’s political sphere.
TSE magistrates Irma Elizabeth Palencia Orellana, Ranulfo Rafael Rojas Cetina, Gabriel Vladimir Aguilera Bolaños and Mynor Custodio Franco Flores appeared at the Court Tower. The four robes lost their immunity on November 30 and had remained outside the country since then.
The Public Ministry (MP) accuses the four of them of alleged anomalies in the acquisition of the Transmission of Preliminary Electoral Results (TREP) system, which was used to transfer preliminary information during the electoral process last year.
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Judge Karen Chinchilla linked them to criminal proceedings for the crime of fraud. In the case of the crime of abuse of authority that Palencia was accused of, the togada ruled that there was no merit because there was no evidence against her.
He also dictated alternative measures. The TSE officials were left with a arraigo order and must make the payment of Q100 thousand no later than today at 3 in the afternoon.
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Political scientist Renzo Rosal warned that the MP will probably “go all out” against the TSE magistrates, perhaps not getting the case to continue due to the crimes they point out, but “they are not going to come out free and clear either.”
Furthermore, he explained that the togados are not “the saviors of democracy,” since they were appointed under the political agreements of the previous legislature and come from the so-called “pact.”
“Another thing is that in the process they took a certain distance, they tried to put themselves on the right side, let’s say, but let’s not forget their origin and that they were also directly responsible for anomalies, outrages and many of the entanglements in the electoral process,” he pointed out.
However, he considered that possible anomalies in the Preliminary Electoral Results Transmission system should not be linked to the voting process, but rather to the contracting of the service.
“This is a fight, that is, the appearance before the judge and what results is a fight where it is clear that the Public Ministry is seeking revenge,” he mentioned.
Rosal explained that the magistrates left “the guacal” and took a slightly different position, which is why the so-called “pact” wants to take its toll on them.
“Showing that the pact is there, it is in force, strong and that the Public Ministry continues to have muscle, that it is not willing to negotiate the departure of the attorney general and the logic of the MP’s actions” is the objective, according to the political scientist.
The MP and its dynamics
While the independent political consultant Álvaro Montenegro considered that the criminal cases that link the Supreme Electoral Tribunal are an example of the attempt that several actors promoted to use the justice system and with this boycott the inauguration of President Bernardo Arévalo.
“With today’s case against the Registrar of Persons, we realize that the MP continues along that line,” he stated.
Montenegro did not rule out that the Prosecutor’s Office continues with the dynamics used against the electoral process to affect the next court election.
“It has been shown that the CC persists in its intention to endorse any action by this MP, which has affected the governability of the country,” he reiterated.
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