Guatemala is experiencing an unprecedented situation: The Supreme Electoral Court (TSE) officially announced the results of the second ballot and they gave the victory as president to the candidate chosen by the Seed movement, Bernardo Arévalo, but at the same time the civil register of the same TSE provisionally suspended the legal personality of the party that had won the elections.
The action against the organization led by Bernardo Arévalo was requested by the head of the Special Prosecutor’s Office Against Impunity (Feci). Rafael Curruchicheand ordered by the judge Freddie Orellana. Curruchiche alleges that there were alleged irregularities in the collection of citizens’ signatures to register Semilla as a party in 2017 and 2018, and that among the thousands of party member signatures, 18 are deceased and 319 people whose identity documents do not match.
Basically, the Citizens’ Register failed to comply with the judge’s order, arguing that the law does not allow the removal of a political party that took part in this year’s election campaign. But when the election was over, the measure was implemented.
The seed movement yesterday filed an annulment action against the resolution suspending it. Andrea Reyes, a lawyer for the party, said that the reason given by the prosecutor’s office was not a reason for a suspension under the applicable law on elections and political parties. In addition, he argued that the deadline of the electoral process was still in effect, since the decision had been taken before Arévalo was officially announced as the winner (which took place on the same day) and that the entire initial timetable for the process had been set, which ends on October 31, 2023 is fulfilled.
Reyes denounced that Semilla did not have a hearing to defend herself and that the judge’s decision had to await execution in order to process a plea for relief that had already been filed.
The President of the TSE, Irma Palenciasaid on Monday that Bernardo Arévalo and Karin Herrera (vice presidential candidate) were elected on August 20 to govern Guatemala between 2024 and 2028. However, he did not rule on Semilla’s suspension because he said that she and the rest of the judges weren’t fully aware of it.
“We could only find out if there will be an appeal (…). A difference of opinion about this suspension is no longer known to the registrar, but it would go until the plenary session of the judges,” explained Palencia. “As part of the electoral process, the only appeal it handles is that of annulment, and (Semilla) has three days after notification to be able to submit it, and later the plenum of judges knows that that was the scenario before would be.” There is currently no solution,” added Judge Gabriel Aguilera.
Minutes later the former candidate Sandra Torres – running for the third time – shared a statement from his party, National Unity of Hope (UNE), opposing “the illegality of hasty official publication of the election results”. In his letter, he reiterates that there is “a spate of anomalies that the UNE party has alerted the competent authorities, both constitutional and penal, to any attempt by the TSE to publish election results under the current conditions , illegal and illegal.”illegitimate.”
He referred to the Citizens Register’s decision on seeds, the suspension of which “prevents all candidates from being granted political rights because they are null and void.”
Last Friday, UNE commissioned the public prosecutor’s office to investigate the vote counting system and announced that it would only accept the official results once this task had been completed.
On Monday, Guatemalan President-elect Bernardo Arévalo dismissed the lawsuit against his party denounced legal prosecution led by the Department of State and Justice Fredy Orellana.
But his confirmation as president-elect is not outdated, given the resources of the UNE and the prosecutor’s office itself and other judicial authorities. Therefore, Guatemala faces a scenario of political uncertainty in the coming weeks.
Meanwhile, the Organization of American States said it has taken note of Monday’s resolution against Semilla, a lawsuit it says is “without any basis or reasonable cause” and “an improper interpretation of the law.” it in a statement from the secretariat-general of the continental body. He points out that the decision “not only violates all guarantees of due process, but also violates international standards that ensure the protection of elected officials and voters with regard to respect for human rights.”
The governments of Spain and Mexico, through their foreign ministries, also issued statements on the situation in Guatemala, congratulating and showing Arévalo Concern about a possible violation of the will of the people. The European Union Election Observation Mission expressed its concern at the temporary suspension of the Movimiento Semilla party.
