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Faced with impunity in cases of femicide and rape, the first political opposition force, the Citizen Community (CC), proposed the modification of nine articles of the Political Constitution of the State (CPE) to renew the Public Ministry and the Judicial Branch. The orange alliance affirms that the partial reform of the Magna Carta could be finalized until June.
The articles of the CPE that are proposed to be modified are 178, 182, 188, 187, 194, 197, 198, 227 and 228. In addition, it proposes that together with the work of partial reform of the CPE, a list of applicants for the senior officials of the Prosecutor’s Office and the Judicial Branch.
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“This constitutional reform could be finalized until June 2022 through an ALP Law approved by 2/3 of votes, submitting the text of the reform to a referendum together with a list of candidates for senior positions in the Public Ministry. and the Judicial Branch, so that it is the sovereign’s vote that simultaneously defines the approval or rejection of the new appointment mechanism and the first group of high-ranking fiscal and judicial authorities” indicates the CC proposal.
The bases of this CC proposal are the following:
Guarantees of judicial independence. Modification of article 178 paragraph II CPE (Appointment of senior judicial positions: Organized civil society; two-thirds ALP; approving referendum; judicial career; minimum budget 2%).
Citizen Council of Notables. Modification of article 188 paragraphs II, III, IIV and V CPE. (Representatives of public and private law schools, human rights institutions, bar associations, journalists’ associations, business associations, labor unions, indigenous peoples. It is planned to evaluate merits and present a short list for each position with the best qualified).
Plurinational Legislative Assembly. Modification of articles 182 I, II, III and V; 187; 188 I; 194 I; 197 I; 198; 227 and 228 CPE (Mixed Commission of Constitution by 2/3, approves regulations, forms citizen council, convenes merit contest, reports on presented short lists); plenary session of ALP designates from the short list by 2/3 of legislators present, sends plates of high prosecutors and judges to a referendum.
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Sovereign. Modification of article 182 V CPE (TSE convenes an approving referendum within 10 days of receiving the list of appointments, Referendum is compatible with national or subnational elections, in case of majority approval the appointees take office, in case of majority rejection it is carried out a new appointment process).
Temporary regulation. Incorporation of provisions Eleventh, Twelfth and Thirteenth CPE (The simultaneous approval in the referendum of the reformed constitutional text and of the lists of those appointed to senior fiscal and judicial positions is enabled, as a single, indivisible and inseparable vote. All positions of judges and prosecutors become vacant. Those who were performing them remain as interim until the new ones are sworn in. In the 30 days following the effective date of the reform, the process of appointing senior judicial positions begins. Within 30 days following the possession of the high authorities, the process of appointing members, judges and prosecutors begins until the complete renovation of the system is completed).
In August 2021, the orange alliance already proposed that the Government and political forces with a presence in the Assembly sign a peace and reconciliation agreement that includes the change of the Attorney General and departmental prosecutors, in addition to the justice reform.
More than a year ago, Justice Minister Iván Lima took office announcing judicial reform as one of his main tasks. In his fourth attempt to meet that goal, he proposed a judicial summit for March of this year.
The recent case of femicide and serial rapist Richard Choque uncovered serious acts of prevarication and corruption in the justice system, which led to his release from prison, which has motivated calls for reform of the judicial system.
