The Supreme Electoral Tribunal (TSE) has already warned Roberto Arzú and Neto Bran about their possible non-registration for the 2023 elections, but they will not be the only ones to suffer censorship, at least that is what the constitutionalist Aquiles Faillace fears.
Just after these statements by the constitutionalist, it transpired that the TSE would issue more similar warnings but now against Edmond Mullet and Telma Cabrera.
The expert assures that there are phrases within the current Electoral and Political Parties Law (LEPP) that put the democratic system at risk, since it is not possible to listen to proposals or ideas from politicians.
Faillace, together with fellow constitutionalist Gabriel Orellana, seeks to suppress articles 94 bis and subsection “n” of 223 of the LEPP, as well as the first paragraph of 62 quater of the regulation to the electoral law.
Article 94 bis states that no candidate will be registered if they are identified as campaigning individually to promote their image in the media; subsection “n” of 223 which states that it is not allowed to “carry out advance propaganda activities”.
Lastly, the first paragraph of 62 quater, of the LEPP regulations, adds that illegal propaganda is all that where a possible candidate simulates news or infomercials to promote his image during non-electoral times.
Continuing to maintain these elements within the electoral norm, in Faillace’s opinion, makes the law become a weapon to remove uncomfortable or non-aligned politicians from the contest.
How do you rate our current LEPP?
A garbage, like that with those words not to say a bad word. When the constituents made the LEPP and signed it in 1985, it became a constitutional-level law that has been modified several times with sheer bungling.
It has become a “legal Frankenstein” where what it has is absolute power where the TSE has already lost its legitimacy, for three terms the TSE has been losing the personal quality of its members.
We see that the current TSE was chaired by a supposed doctor who presented a false degree to be able to access the position, an extreme that even the University confirmed, another magistrate presented a false master’s degree and the University also said that it did not recognize them.
If they have the moral quality to steal a title, they have the moral quality for anything, and they are playing the game because they are clearing the electoral board of those who are uncomfortable with the system.
They have already removed the first two that do not have a great electoral impact, but have a great impact on the opinion of the rest of the politicians.
The consequences are going to be illegitimate elections because you cannot be disqualified because you issued an opinion. We are in a mute campaign speaking to the deaf.
You, together with another constitutionalist, presented an unconstitutionality against some phrases of the LEPP. What motivated them?
We, together with Mr. Gabriel Orellana, presented an unconstitutionality with the objective that the TSE could not do what it is doing right now, which is to disqualify people for issuing an opinion.
That unconstitutionality was accumulated with two others that people related to the regime introduced; the former ambassador Acisclo Valladares presented an unconstitutionality against the same articles but for other reasons.
There was another group that also raised the same unconstitutionality but with other reasons, what they are doing is opening the door to the CC so as not to solve anything.
As of January 21, which is the call for elections, everyone can speak, but between now and January 21, anyone who speaks will be sanctioned. We are fighting for two months and the CC is lending itself to a lot of games.
See that resolution to keep the CSJ in office for three years, see the resolution of the Guatemalan Olympic Committee, how they are allowing athletes to lose their rights, and now the politicians are losing their rights. This happens when the law conforms to pressure.
The TSE warned two politicians that they could not be registered due to the arguments that you warned at the time. Could these warnings against politicians be increasing?
Guaranteed that between now and the call for elections they will remove half of the candidates.
How does it affect the population that future candidates for popularly elected positions cannot even give their opinion?
It affects us in everything because we don’t know what they (potential candidates) think or what they want to do, we don’t know their trajectory and we don’t even know if they are even interested in the country.
We are simply electing the dumb, deaf and blind to be able to lead a country where no one cares. We have seen the result in the last two elections, look who was elected.
For example, in Congress for this legislature there were 110 new deputies, there was the hope that since two thirds of Congress were going to change, not only new people would come, but also young people, with different ideas. But what turned out? More of the same crap.
We are choosing unknown people, people who have no track record, people who have no opinion but maybe have a clue.
Do you think that the current LEPP is being used as a political weapon?
Definitely, and this without much explanation. It is not only the fact of disqualifying candidates, for example with the issue of the guideline.
If you are a candidate but if you are one of those candidates that you do not like, they will schedule you at three in the morning when no one is looking. The law is a weapon, it is an instrument of power in the hands of unscrupulous people.
If the CC continues to ignore the issue. What awaits Guatemala for the next elections?
The issue will continue to be ignored by the CC and more of the same awaits us, another election like the one in 2019. Where the candidate with 10% will reach the second round and will win with the participation of 20% or 30 % of the population.
So you are going to have a legal but illegitimate result, here the presidents arrive with almost 85% of the population against and the result is that they cannot govern.
