This Tuesday, the National Assembly (AN) sanctioned the partial reform of the Organic Law of Public Defense, which contemplates the modification of articles 7, 12 and 19 of the current legal instrument related to the legitimacy, appointment and attributions of the Public Defender o General Public Defender.
Regarding the epigraph of article 7, the law now establishes that public defenders are entitled to initiate investigations corresponding to the alleged violation of human rights. Regarding article 12, it is established that the AN, in the 90 continuous days before the expiration of the period for which the General Public Defender was appointed, in case of absolute absence, will initiate the procedure for his appointment and convene a nominations committee. judicial, refers a press release.
This committee will conduct a public process, the results of which will produce a list of applicants who meet the requirements for the position of Defender or General Public Defender. The list of preselected candidates will be published in two newspapers of national circulation and electronic media of the AN, in order to give greater publicity to the process and guarantee the opportunity for citizens to present their objections in a timely manner within 3 business days. founded before the parliamentary instance.
The judicial nominations committee, within the following 30 days, will present the list of applicants to the AN so that, through the favorable vote of the absolute majority of its members, it may designate the General Public Defender.
Article 19 was also modified, concerning the powers of the Coordinator or General Coordinator of Public Defense, which consists of proposing the adoption of policies in matters of its competence, assisting the Defender or General Public Defender in the coordination, supervision and control of the body, represent it by delegation of this or this, elaborate the definitions of the policies, strategies, guidelines and plans related to the provision of the service, prepare the annual coordination report, present the budgetary need and other attributions.
Of this article 19, the deputy Pedro Carreño clarified that in the modification it is established that the General Coordinator supplies the temporary absences of the Ombudsman, as well as the absolute absences until the AN makes the respective designation, «therefore in the draft law the two substitutes that were contained in the original law are suppressed, because the absence will be supplied by the General Coordinator of Public Defense”, he pointed out.
Likewise, a transitory provision was incorporated into the legal text that establishes a period of 30 days, from the entry into force of the norm, to start the process of appointing the Defender or General Public Defender.
