A crisis breaks out in the TCP and power struggles arise between ‘self-prorogates’

The worst crisis broke out in the Plurinational Constitutional Court (TCP). The self-appointed magistrates are fighting for more power in the midst of an institutional depression never seen before in that instance. Now, there are two presidents in the TCP: one who still signs the documents, which Paul Franco, and another that was sworn in by four magistrates. The Government said that in the TCP there is an “institutional crisis” and hopes it will be resolved.

On Monday four magistrates arrived at the TCP. They were present for the inauguration of the new president of the Constitutional Court. It was Gonzalo Hurtado, who faces a series of accusations – one including drug trafficking – and recent controversial rulings. Only Hurtado and the four magistrates were in possession. The other four were missing.

One of them is Paul Franco, who until Monday was the president of the TCP. Yesterday, this magistrate denounced that there were “strange movements” in the appointment of Hurtado as head of this entity. Even, Franco continued signing documentation as president of the TCP.

In a letter sent to the Minister of Justice and Transparency, César Siles, Franco mentioned irregular acts that had arisen both in the appointment of the Deanship and the Presidency of the TCP. Franco was president of this body since May 21, 2019.

Franco specifies in his note sent to Minister Siles that he is fulfilling his agenda in an international event referring to the anniversary of the Magna Carta of Peru. Franco’s statement comes hours after in the city of Sucre a part of the Plenary Chamber (only four magistrates) elected Gonzalo Hurtado as president due to Franco’s alleged “unjustified absence.”

Yesterday, Minister Siles spoke of an “institutional crisis” in the TCP and urged the magistrates of that instance to resolve the problems it is experiencing. the institution, given the alleged irregular appointment of a new Presidency.

“We have received a letter (…), Paul Franco signs as president of the Constitutional Court. In his opinion, irregular acts had arisen, both in the appointment of the Deanship and the Presidency of the Court. Obviously, We are in an institutional crisis that I hope can be resolved immediately within the Court. We go ahead to urge the members of the Constitutional Court, the nine magistrates, to resolve this institutional crisis once and for all,” Siles said yesterday in La Paz.

The minister explained that the “president” of that entity, Paúl Franco, through the letter warned of “strange movements” from November 21 to November 25when a “deanship and new presidency” was appointed, violating the Constitutional norms.

During Monday afternoon, five of the nine magistrates appointed Gonzalo Hurtado as president of the TCP, despite the absence of the highest authority of that judicial institution. For Minister Siles, Franco continues serving as president of the TCP and confirmed that he is currently in Peru representing Bolivia in an international event.

“(Franco) is one of the 14 speakers worldwide who are speaking at the Seventh Congress of Constitutional Law, in celebration of the anniversary of the Peruvian Constitution”, detailed the head of Justice.

Given this fact, Minister Siles warned that the Plenary Chamber of the TCP met without complying quorum and incurring non-compliance with current regulations.

“The only authority authorized to call sessions, preside over sessions and carry them out is the President of the Court (…). The figure of the Deanery, that was used on this occasion, is not provided for either in the Law of the Constitutional Court, or in the Constitutional Procedural Code.”the authority noted.

Hurtado assumed the presidency of the TCP with the support of five of the nine members of the full chamber. The magistrate is questioned, along with Yván Espada, for issuing a series of controversial constitutional resolutions, among them, the partial postponement of the judicial elections.

Both are part of the Fourth Chamber of the TCP, from where Constitutional Sentence 0776/2024-S4 was also issued, which recognized the arcist congress of the Movement Towards Socialism (MAS) in El Alto as valid. and Grover García was elected president, replacing Evo Morales.

Even the former director of the anti-drug police Maximiliano Dávila, now imprisoned in the San Pedro de La Paz prison accused of drug trafficking, He linked Hurtado to crimes of drug trafficking and favoring drug traffickers.

Yesterday, from Sucre, lawyer Wilfredo Chávez, from the Evista wing, warned that the self-appointed judges of the TCP will be tried in the ordinary way, “just like Jeanine Añez”, because he considered that they exercise the position by usurping functions.

“As soon as his mandate ends, you will know, We are going to prosecute them in the ordinary way, because just like Jeanine Añez, those who do not have a constitutional mandate do not have a privilege trial, they have an ordinary trial,” Chávez threatened.