Embed note
January 2, 2024, 8:25 PM
January 2, 2024, 8:25 PM
Martín Camacho, lawyer for Governor Luis Fernando Camacho, indicated that the members of the Plurinational Constitutional Court (TCP) they committed the crime of contractual resolutions to the Constitution and the laws by issuing sentence 1021/2023 that contradicts Departmental Law 293 which has been in force since March 2023.
“The members of the TCP would be committing a crime by having issued this resolution, the crime of resolutions contrary to the Constitution and the laws. This constitutional resolution is contrary to law 293/2023, that has precisely regulated what is considered absence and what is considered impediment. It’s more, would be subject to a complaint at this time penal for the crime of resolutions contrary to the Constitution and the laws,” he detailed in contact with EL DEBER.
The TCP ordered that the current vice-governor of Santa Cruz, Mario Joaquín Aguilera Cirbián, take office immediately as Governor in legal substitute for Luis Fernando Camacho Vaca, who is being held preventively in the Chonchocoro prison in La Paz.
The lawyer indicated that this resolution of the TCP was issued on Friday, December 29, at the request of the assembly members of the Movement towards Socialism, but that Luis Fernando has not yet been formally notified Camacho, which is one of the intervening parties through the Santa Cruz Government.
“The governor, as a third party, may file the supplementation and amendment of this resolution, but the magistrates would no longer be authorized because this January 2, 2024, his mandate has already ended. In any case, at this time there is no TCP from which supplementation and amendment can be requested and, therefore, “The 2021 sentence would not have the quality of a tried case”lament.
Furthermore, Martín Camacho said that This sentence does not put the mandate at risk of the governor of Santa Cruz, since he only orders a temporary substitution, but clarifies that this situation cannot occur because Law 293 is in force.
“The figure of temporary substitution occurs in different public functions and does not mean the loss of the mandate, but only a temporary replacement for some functions that can be delegated. In this case, the temporary delegation of these functions is provided for in the Autonomous Statute, but here the TCP has not taken into account in ruling 1021/2023 law 293 that precisely regulates impediments and absence. In this departmental law it has been determined that preventive detention is not considered an impediment or absencethat should have been considered by the TCP,” he explained.
Law 293, in its Article 6, details the causes of temporary absence of the governor of Santa Cruz and indicates that this will only occur when they are: 1. Voluntary: official trip abroad, personal reasons, declaration in committee, unjustified abandonment of duties for more than six (06) days of continuous work and other circumstances expressly invoked by the governor. And 2. Forced: illness or serious physical condition, medically certified.
For this reason, the lawyer indicated that The governor will continue to exercise his functions without interruption, since the ruling does not put his mandate at risk and, furthermore, it is contradictory to the departmental law that regulates the types of absence of the first authority of Santa Cruz.
2024-01-03 00:53:50
#Camachos #lawyer #TCP #ruling #put #governors #mandate #risk #issuing #crime #committed #Duty
