A sign of hope for truly democracy and freedom of expression, however, we should be prepared for current government to rebuttal this important ruling, El Diario reports:
Anti-corruption law is not retroactive
Processed politicians could be acquitted according to the judgement of the Constitutional Court
On Tuesday [October 23, 2012], the plurinational Constitutional Court (TCP) delivered a judgment that determines that the “Marcelo Quiroga Santa Cruz” anti-corruption law, cannot be applied retroactively, when the acts committed were not considered crimes at the time [if in doubt, current government should consult jurisprudence back to the Roman Empire, applied worldwide since then]. According to the Deputy for convergence national (CN) Norma Pierola, the majority of Governors who were dismissed, including the Mayor of the city of La Paz, Luis Revilla, would have to be released from these processes.
“From Manfred Reyes Villa, Mario Cossío, Ruben Costas, Ernesto Suárez and most of the Governors replaced by members of the MAS [current political party in government], they would have to be acquitted of these processes that must be archived”, said. [and go back to their elected offices!]
He also said that in addition to rescind the processes, the Government already cannot “continue with political persecution to leaders and opposition authorities elected by the people”.
On the other hand, Deputy Andrés Ortega (CN), [said] the former authorities who are accused by Law 004, will have to consult with their legal advisors if procedural deadlines have been met to see if processes shall continue.
“You have to see if they comply with the procedural time limits, retroactive and within the scope of the law which guarantees procedural deadlines to make the complaint, the process continues.” “But if the time limit has already expired, even if valid evidence has been found, because the law and the political Constitution of the State (CPE) say that it is not retroactive,” said.
El Diario newspaper consulted with at least three Assembly members of the Movimiento Al Socialismo (MAS) which admitted not having knowledge regarding the amount of cases that are processed by this regulation or knew the legal procedure to be followed.
We should be monitoring these developments and hope that Senator Roger Pinto, whose face appears in the article above, gets his political asylum granted with the safe-conduct, he remains at the Brazilian embassy since May this year. People like Pando elected Governor Leopoldo Fernandez and Potosi Mayor Rene Joaquino should be freed and reinstated. There is a slim light at the end of the tunnel, democracy can be saved and bad politics’ practices should stop!