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Constitutional Court of Guatemala orders to “guarantee” Arévalo’s possession

O Constitutional Court in Guatemala ordered this Thursday “guarantee” the inauguration of the elected president, the opponent Bernardo Arevaloby accepting a protection appeal against the Public Prosecutor’s Office maneuvers designed to prevent him from assuming power on January 14.

The highest judicial body in the country decided “convene Congress […] guarantee the effective inauguration of all those elected in the 2023 electoral process, in accordance with the rights to make official and validate results“, according to a statement, after accepting the appeal presented in October by a group of lawyers and citizens to eliminate judicial obstacles to Arévalo’s rise to power.

LOOK HERE: Bernardo Arévalo denounces violation of the right to defense and OAS prepares visit to Guatemala

The resolution, issued a month after the change of command, also protects the vice president’s inauguration Karin Herreraof the 160 deputies, 340 mayors and 20 deputies Central American Parliament elected in this year’s elections.

This Court […]by the proven circumstances, and the time being opportune to safeguard the constitutional order and the Constitutional Rule of Law in Guatemaladecided to grant definitive protection”, said the Court.

The Court issued provisional protection in October, but on Monday lawyers and citizens led by constitutionalist Edgar Ortizthey asked for a “due execution” after on Friday the Public Ministry presented an investigation with alleged anomalies in the elections for which it considered that they were “empty”.

These provisions are issued under the warning that, in case of non-compliance, those responsible will incur corresponding civil and criminal liabilities.,” the Court noted.

“Courageous and historic failure”

Although it ordered to guarantee the transition, the Court noted that its decision “Without prejudice to the powers of investigation and reporting that correspond to the public ministry and criminal justice judges”.

The decision emphasizes the autonomy of the Public Ministry, but makes it completely clear that its investigations cannot prevent the conclusion of the electoral process, which culminates in the inauguration of elected officials.”, wrote Ortiz on the X network (formerly Twitter).

The Court issued a courageous and historic decision” he added.

MORE INFORMATION: Guatemalan Public Prosecutor’s Office submits report on alleged anomalies in the elections to the Electoral Court

The Public Ministry led by Consuelo Porrassanctioned by U.Swhich considers “corrupt” It is “undemocratic“, launched an attack against Arévalo after the Social Democrat surprised him in June by sneaking into the second round, which he won with a wide margin in August.

At the request of the Public Prosecutor’s Office, the judge Fredy Orellana ordered to suspend Seed Movement de Arévalo for alleged illegalities in his formation five years ago, and then prosecutors asked the court to remove the president-elect’s immunity to investigate him for alleged money laundering and damage in the occupation of a state university in 2022.

Arévalo, a 65-year-old sociologist, highlighted that his election aroused discomfort in powerful sectors “corrupt”of the country and that the actions of the Public Ministry are part of a“coup d’etat” In progress to stop him from taking over.

US sanctions

The prosecutor’s attack generated international rejection and the United States sanctioned many Guatemalans for “undermine“democracy.

Monday, washington announced visa restrictions on around 300 Guatemalans, including a hundred deputies who supported the withdrawal of the immunity of four Electoral Court judges at the request of the Public Ministry for alleged fraud in the purchase of a preliminary results program.

In turn, the European Parliament approved this Thursday a non-binding resolution that calls for the adoption of sanctions against those responsible for “the attempted coup d’état” In Guatemala.

After the latest US sanctions and the condemnation of OASthe outgoing president, the right Alejandro Giammatteiassured on Tuesday that nothing was stopping Arévalo and the other elected officials from assuming their positions.

SEE TOO: The US bans 300 Guatemalans from entering the country, including 100 deputies, for “undermining democracy”

New action by the Public Ministry

At the same time, the prosecutor questioned Rafael Curruchiche This Thursday, he asked the Supreme Court to lift the immunity of the president of the Supreme Electoral Court (TSE), Blanca Alfaroto investigate her for alleged illegalities in the elections.

Furthermore, Curruchiche accused Alfaro of “obstruction of criminal action” for allegedly attacking prosecutors in a raid on the offices of TSE in September, when boxes with electoral materials were seized.

Once again the Public Ministry tries to violate the highest electoral authority in the country with yet another judicial persecution”, noted the TSE on Facebook.

Source: Elcomercio

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