Protests demanding the resignation of the attorney general continue. If this happened, his predecessors would not return, but there is already a list of possible occupants of the position.
The national strike has been going on for 15 days and there is no date for it to end. Demonstrators are calling for the resignation of Consuelo Porras, the attorney general, with banners and slogans, but there are questions about why she continues in office, what would happen if she did so, and who could succeed her.
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Why can’t the president dismiss Consuelo Porras?
In the Organic Law of Public ministry (MP) the removal of the attorney general by the presidency was contemplated for a “duly justified cause”. In 2016, Congress reformed this law to define the “duly justified cause” such as the commission of a crime while in office, as long as there is a conviction.
So far, Porras has no convictions and, therefore, the conditions for being removed from office by the presidency are not met. “The change was made because before the MP was only a procedure without real power to act because it was so dependent on the Executive. “He protected himself in office, but we failed by not putting a counterweight to him.”says Mario Taracena, president of Congress in 2016.
What would happen if the attorney general resigns?
The Organic Law of the MP establishes that to elect the new head of the Public Ministry, a nomination commission must present a list with six candidates, of which the president selects one for the position. According to the lawyer, Rafael Maldonado, if Porras leaves office, the president will be able to choose among the rest of the candidates presented when he opted for the current attorney general. This new official would only complete Porras’ term.
The lawyers not selected when choosing Consuelo Porras for the second time were Néctor Guilebaldo De León Ramírez, José Luis Donado Vivar, Darleene Apolonia Monge Pinelo, Gabriel Estuardo García Luna and Henry Alejandro Elías Wilson.
If none of them could occupy the position, the nomination committee would be convened to present a new list.
Do you know where Consuelo Porras is?
No. Maldonado filed a writ of habeas corpus on October 8 in order to locate the attorney general. Eight days later, Maldonado denies having received notifications about Porras’ whereabouts. [Por Carmen Valle. Vía Ojoconmipisto]