Judges and prosecutors came out to strongly question the bill that Cabildo Abierto presented in Parliament with the intention of expand the crime of prevarication and punish them, with fines and prison sentences, in case of possible acts of “malpractice” in both groups of the judicial system.
The Association of Magistrates of Uruguay issued a statement in this regard in which it expressed its concern, understanding that the initiative of those led by Guido Manini Ríos “threatens to criminalize everyday work” of judges and prosecutors. In addition, he made a series of points regarding the rules that currently regulate the exercise of his function.
The union recalled that the judges are already subject to responsibility. Article 23 of the Constitution makes them responsible “for the smallest aggression” against the rights of the people and for possible deviations from the correct legal procedure.
For its part, the Organic Law of the Judiciary and the Organization of the Courts also establishes regulations at the legal, civil and administrative level. In turn, it is recalled that as public officials, judgess the crimes foreseen against the administration in the Penal Code are applicable. In addition, it is underlined, any decision that may be considered unfair by one of the parties subject to the process can be attacked through the means of appeals and challenges provided by law.
“The Association of Judges of Uruguay will closely follow the parliamentary process of the aforementioned bill, as it could mean a new attempt to influence judicial decisions and a fundamental affectation of the separation of powers,” the statement said.
In this sense, the union rejected any proposal that implies limiting the independence and impartiality of the judges that “constitute a guarantee for the exercise of the function and for the rule of law.”
To all this, the president of the Association of Prosecutors, Willian Rosa, publicly rejected the Cabildo Abierto project. Rosa said she had been in contact with several colleagues at the regional level, who said they were “surprised” by the classifications that the initiative provides and that “They attack the entire justice system.”
