The Constitutional Court of Guatemala issued this Thursday a final request for protection that nullifies the attempt of the Ministry of State (MP), led by the questioned Attorney General Consuelo Porras, to prevent the inauguration of the elected President Bernardo Arévalo and his formula. Karin Herrera. The Central American country's highest court called on Congress to “implement” the inauguration of “every elected official in the 2023 electoral process.” The verdict was issued a month before the transfer of command, the completion of which is at risk due to the repeated attempts by prosecutors to annul the Semilla movement, the party of the new president, which is also facing numerous legal proceedings to reverse his victory. .
“The reported situation has been investigated and is directly related to the temporary suspension of the registration of the legal entity of one of the participating parties, as well as the national situation.” The analysis from a legal-constitutional point of view was carried out to provide certainty for the measures taken in “This imminent situation falls, in particular for the Congress of the Republic, so that this organization can carry out its task with certainty of assuming the charge and eliminating the reported threat,” says the protective document issued.
“The “reported situation” mentioned by the Supreme Court refers to a request for protection from a group of lawyers led by constitutional lawyer Edgar Ortiz Romero, who called for guaranteeing democracy in Guatemala in the face of the danger that “the will of the people…” is disobedience. “has been expressed in the last elections by any act or omission capable of affecting the occupation and exercise of their respective positions.”
“Today is a historic day for Guatemalan democracy. The court has granted us final protection and confirmed that a change of government must take place on January 14, 2024 and both the elected duo and the elected representatives must assume their offices,” said acclaimed lawyer Ortiz Romero.
Through a series of lawsuits, the State Department is trying to delegitimize the results of the Guatemalan runoff election on August 20, when the progressive Arévalo won the election with 58% of the vote. The triumph of the Semilla movement meant the assertion of a vigorous citizen message against the corruption and impunity prevalent in Guatemala, particularly against the so-called “Pact of the Corrupt,” made up of a group of politicians, soldiers, businessmen and private citizens who have most of the state Institutions have been co-opted since they achieved in 2019 the expulsion of the International Commission against Impunity in Guatemala (CICIG), a UN body that has dismantled more than 200 corruption structures.
Since Arévalo's victory, prosecutors have also attacked the Supreme Electoral Court. On December 8, the State Department requested the annulment of the elections due to alleged “administrative irregularities by the electoral body.” Election judge Blanca Alfaro classified the prosecutor's request as a “violation of the constitutional order.” While the president-elect insists that Consuelo Porras and her prosecutors, along with “other corrupt actors,” are carrying out a “coup” against him.
After great national and international pressure on the Guatemalan authorities to ensure the transfer of command, the Constitutional Court, as part of the protection, emphasizes that Congress and its executive board should not ignore the results of the elections.
“You are urgently requested [al Congreso] Preserve the democratic regime of the State, respect the values of justice, security and peace and note that the renewal of the members of the legislative and executive branches will take place mandatorily on January 14, 2024, the date scheduled according to the Constitution, where “the people are elected in accordance with the results approved by the Supreme Electoral Court and the realization of national unity and the interests of the Guatemalan people is sought through a peaceful transition process,” the highest court ordered.
Constitutional lawyer Ortiz Romero points out that the ruling emphasizes the autonomy of the public ministry “but makes it abundantly clear that its investigations cannot prevent the completion of the electoral process that culminates in the inauguration of elected officials.”
Giammattei, “interference” and international pressure
The same protection calls on outgoing President Alejandro Giammattei to “promote national unity and the completion of the ongoing transition.” This Tuesday, December 12, the President published a letter in which he assured that there were no “measures” that would prevent Arévalo from taking power. However, Gianmmattei was criticized for doing nothing to stop the State Department's attacks on the electoral process.
Instead, Giammattei's letter criticized the United States for the sanctions it has imposed on officials – including prosecutors – for attacks on democracy. The president accused Washington of “interference.” He attacked “the media and political manipulation of some members of the US government against Guatemala to the detriment of a good bilateral relationship.”
Although he did not specifically mention it, the president's comment is in the context of the visa revocation of more than a hundred Guatemalan lawmakers ordered last Monday by the administration of Joe Biden for “undermining democracy.” According to the Ministry of Foreign Affairs, Guatemalan prosecutors are carrying out “anti-democratic measures” against the elected president, as evidenced by the arrest warrants against election officials, the request to revoke Arévalo's judicial immunity and the attempt to annul the election results. .
Some Latin American governments such as Chile and Costa Rica have pledged their support to elected President Arévalo. The Organization of American States (OAS) also condemned the actions of Porras' public ministry. Luis Almagro, the organization's secretary general, said that if prosecutors achieved their goal, “a coup would be perfected, today in an attempted state.”
In fact, the Permanent Council of the OAS called on Almagro to “urgently” obtain the consent of the Giammattei government to send a commission to Guatemala “as soon as possible.” This procedure involves the activation of Article 18 of the Democratic Charter.