Juan Carlos Delpino had to go through a merit-based pretrial process before the TSJ before dismissing him, says Acceso a la Justicia
The NGO Acceso a la Justicia warns that the 2020 National Assembly did not respect the procedures established in the laws to carry out the dismissal of the main rector of the National Electoral Council (CNE), Juan Carlos Delpino, considering that the official abandoned his position.
In your analysisthe NGO indicates that the way in which they carried out the procedure does not comply with the provisions of the Organic Law of Electoral Processes (Lopre), whose article 31 states that “The National Assembly may, either ex officio or at the request of third parties , to remove the electoral directors with the favorable vote of at least two thirds of its members, following a ruling by the Supreme Court of Justice, in the Plenary Chamber.
In that sense, Acceso a la Justicia pointed out that the highest court in the country had not issued any ruling against Delpino, nor did they request a ruling on the matter due to the high investiture they have and, for that reason, they enjoy the privilege of a pre-trial. of merit. That is, any investigation must be previously authorized by the TSJ.
*Read also: Unitary Platform: Delpino’s dismissal is retaliation for not giving in to fraud
He states that the AN 2020, however, ignored the option that could have been easier and that is enshrined in article 12 of the Lopre where it is specified that absolute absence” means “death, resignation accepted by the National Assembly , removal or abandonment of the position for more than 10 business days without justified cause, for more than 90 days with justified cause, or, once the extension has expired, when there is justified cause.
Furthermore, the NGO assures that the declaration of abandonment of office is the responsibility of the CNE and not of the AN 2020, in addition to the fact that it was declared a political and administrative responsibility. Nor does Delpino’s dismissal sentence offer the reason for said removal, which violates the right to defense and the requirement of motivation, that is, indicating the reasons that are causal for the decision made.
In the middle of month of october, The AN 2020 approved the dismissal of Juan Carlos Delpino with two thirds of the Plenary, in addition to giving the green light for the Attorney General’s Office to initiate an investigation against the former official for his alleged participation in the alleged commission of the crimes of fraud, falsification of documents, conspiracy, association, promotion of hatred and treason.
After the debate, Parliament appointed and swore in Conrado Pérez as principal rector, who had served as Delpino’s substitute.
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