Dangerous temptations of the Judiciary | Tentaciones peligrosas del Poder Judicial

Editorial, El Deber:

When it was believed that the country’s deinstitutionalization had hit rock bottom, new elements emerge that show that democracy can be even more tainted and that laws are used at will to generate scenarios of abuse of power.

This is the case of the Judiciary that does not mind failing to comply with ethics, being a judge and a party, as long as the magistrates keep up the slack, leaving judicial elections uncertain. Beyond remaining in office longer than the Constitution mandates, the members open the blinds to authoritarian temptations that are dangerous and that have already been noted by the Inter-American Commission on Human Rights (IACHR).

On Thursday, the Plenary Chamber of the Supreme Court of Justice (TSJ) presented a Prior Consultation on the constitutionality of the Transitory Law project for the 2023-2024 Judicial Elections and asked to suspend the treatment of any rule on this issue until the Plurinational Constitutional Court (TCP). The latter admitted the request and froze any action by the Legislature to give the green light to the rule that guarantees the elections. Checkmate.

The Political Constitution of the State sets December 31 as the deadline for the highest judicial authorities, who are elected by vote of all Bolivians. With this resource, the members of the Judiciary establish a political position: they want to stay and are not willing to respect the law. In return, they are willing to do anything, giving new signs of how broken the Judiciary is.

The Legislative Branch had the key to the judicial election in its hands, but its members did not reach timely agreements. When one was reached, in which Creemos, Comunidad Ciudadana and the evista faction of the MAS participated, it was the arcista faction that put the obstacles with a series of maneuvers, among which is the absurd medical discharge of the president of the Constitution commission lasting six hours, only for the session not to take place.

In reality, up to this point the chicana has been incurred, which the Dictionary of the Royal Academy of the Spanish Language defines as: “Practice that seeks to obstruct the judicial process through permanent malicious and reckless proposals” and the chicanero as someone who “uses up to satiety mechanisms to lengthen trials and thereby obtain economic advantages for themselves and sometimes for their client, promoting endless appeals, dilatory exceptions, inadmissible complaints within the trial and requests for suspensions.

Magistrates and fathers of the country, who should give their lives for the validity of justice, resorting to tricks to obtain personal and partisan benefits, before the passive gaze of the Executive Branch, through the Minister of Justice.

The extremes do not go unnoticed. The IACHR issued a statement urging a return to the path of institutions and democracy. “The IACHR expresses concern about the challenges that arise in the process of electing authorities for the Supreme Court of Justice, Plurinational Constitutional Court, Agro-Environmental Court and Council of the Judiciary that may weaken the functioning of the Bolivian justice system,” the document says and also “urges the Plurinational State of Bolivia, especially the Plurinational Legislative Assembly, to generate consensus, approve the respective call and regulations, to advance and conclude the process of selecting the authorities in a timely manner. of the aforementioned justice institutions, in observance of international standards and with guarantees of transparency and independence.”

The danger is not only that the judicial system continues its free fall, but that – in order to remain in power – the current magistrates manipulate justice in favor of the political power of the Executive and that the rulings continue to punish only the opponents, converting democracy into a kind of tyranny.

“The MAS does not interfere in legal issues”

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