CSJ magistrates confirm extension in office and three years have elapsed without renewal of courts; organizations speak out
Guatemala turned three without the renewal of cuts and some organizations have expressed concern about the failure to elect the new judicial authorities.
Around midnight on Wednesday, October 12, Silvia Valdés, president of the Judicial Branch (OJ), assured that the Supreme Court of Justice (SCJ) continues under his direction, with which he adds three consecutive years at the head of the Court, reported Guatemala Visible.
Early this Thursday, October 13, the OJ published a statement on its Twitter account in which it reported that article 71 of the Law of the OJ establishes that “no acting magistrate or judge, owner or substitute, and no official or employee of the Judicial Body, will leave his position even if his resignation has been admitted or the time of his service has been completed but until his successor appears.
He recalled that on October 13, 2019, the term of office of the CSJ 2014-2019 ended; nevertheless, “since the process of electing the new members and alternates has not been completed,” An advisory opinion was made before the Constitutional Court (CC), which was resolved on October 8, 2019, within file 5477-2019.
He explained that in the relevant part of the advisory opinion it is established that the magistrates and magistrates must continue exercising their functions if their substitutes have not yet been elected and that the delivery of the position will take place at the moment in which the professionals who will assume the positions for the period 2019-2024 are legitimately elected and present themselves to take office.
He stressed that in compliance with the foregoing and since the new members of the CSJ had not taken office, the extraordinary session of the plenary session of the CSJ magistrates was held, through which “Continuity in the exercise of their functions was revalidated while waiting for their successors to present themselves.”
It was also reported that the Amparo and Antejuicio Chamber will be chaired by Sergio Castañeda, the Civil Chamber will be headed by Manuel Reginaldo Duarte; while the Criminal Chamber will be chaired by Josué Felipe Baquiax.
CSJ reports to Congress
The CSJ added that it delivered to the Congress of the Republic the act of continuity in the position until their successors present themselves.
The non-renewal of cuts during three years has caused different reactions from some organizations.
Guatemala Visible issued a statement in which it expressed its concern, since another year passed without renewal of the CSJ and Court of Appeals.
He recalled that as of May 6, 2020, the date in which the provisional amparo filed by the Public Ministry (MP) was confirmed and ordered the election of magistrates, this October 13 will be 891 days without renewal of the courts.
calls on deputies
The referred organization exhorted the deputies to the Congress of the Republic to comply with the constitutional mandate of electing magistrates for these courts, according to articles 215 and 217 of the Political Constitution of the Republic.
He stressed that the deputies have the responsibility to choose the best options based on merits of suitability, capacity and honesty contemplated in article 113 of the Political Constitution.
He highlighted that, although the vote for magistrates of the Court of Appeals has already begun (February 23, 2021, March 16, 2021 and April 27 of the same year), the plenary session of deputies has only voted for three candidates from the list of 270 who were presented by the nomination committee.
These are the candidates Roberto Jauregui, Mirna Lubet Valenzuela Rivera and Rigoberto Can, in the case of the latter, only his name was read to start the vote.
To read more: Church urges election of courts, demands transparency in appointment of attorney general and criticizes “rampant corruption”
He urged the legislators to continue with the election of magistrates of the Court of Appeals Chamber interrupted on April 27, 2021.
While the organization Alliances for Reforms in a statement reported that On October 13, 2019, the mandate of the magistrates expired, so three years have passed since they have “illegitimately prolonged their functions, plunging the justice system into a serious institutional crisis.”
On this third anniversary of the non-renewal of courts, Guatemala Visible expresses its concern over the failure to elect new judicial authorities.#CSJ #CongressVisible #3yearswithoutcuts #seguimossincortes pic.twitter.com/HuPRK3jxnJ
—Guatemala Visible (@guatevisible) October 13, 2022
Case Parallel Commissions
He added that it should be remembered that the current magistrates were elected in 2014, “In the midst of serious allegations of influence peddling and illicit negotiations undue, as revealed at the time by the International Commission against Impunity and the Feci, in the case known as parallel commissions.”
He pointed out that the serious vices and anomalies in the election of magistrates were replicated in the 2019 process, as was widely documented by the Feci investigations, when recording the meetings between Gustavo Alejos Cámbara, deputies and candidates for the CSJ and Courts of Appeals in the negotiation of their positions.
He recalled that the “scandalous influence peddling” gave rise to the attorney general requesting a constitutional action for amparo to suspend the election and purge the candidates with marking. Given this, the CC, in a judgment of May 6, 2020, ordered the Congress of the Republic to elect the candidates who met the requirements of suitability, integrity and honesty and exclude those candidates who had negotiated their appointment.
He affirmed that the Congress of the Republic has refused to carry out the election, allowing the undue extension of functions of the current magistrates, “with the aim of procuring impunity for deputies, civil servants and soldiers persecuted for acts of corruption and crimes against humanity”.
It may interest you: Congress takes more than two hours to vote for one of the 270 candidates for Appeals magistrate
He mentioned that the recent reincorporation of Blanca Stalling into the CSJ is added to the institutional crisis, “doubtlessly illegal, since a magistrate could not be reinstated when her 5-year term had already expired.”
Among its demands, Alliances for Reforms requires Congress to elect magistrates and asks the MP to carry out investigations into the undue extension of functions.
#Release Three years without election in the #CSJ.
The #CorruptPact prepares the ground for its benefit by illegitimately prolonging the functions of the current magistrates, sinking the #JusticeSystem.
We demand an election that benefits the people.#3YearsWithoutCuts #BastaYa pic.twitter.com/7pPRPCA7YD— Alliance for Reforms (@AlianzaRgt) October 12, 2022
Extraordinary session of the Plenary of Magistrates of the Supreme Court of Justice. pic.twitter.com/QhPTnEchPz
— Judicial Agency (@OJGuatemala) October 13, 2022
