Despite the investigations that exist on former president Lenín Moreno, there are no proceedings against him that force him to return to the country “immediately.”
The National Assembly resolution on the “Immediate return of former president Lenín Moreno” has not only generated criticism for its lack of legal validity but also because it is a “political show and desire for notoriety ”, on the part of the assembly members, according to analysts consulted.
After the dissemination of the Assembly, the former president Lenin Moreno he spoke through his social networks, mentioning that this resolution lacks legal argumentation and that he will return to the country once he completes his efforts as Commissioner for Disability Affairs of the Organization of American States (OAS).
What does the Constitution of the Republic say?
Although article 144 of the Constitution establishes that “the President of the Republic, during her mandate and up to one year after having ceased in office, must notify the National Assembly, in advance of his departure, the period and the reasons for his absence from the country ”, the problem does not lie here.
André Benavides, a constitutional lawyer, highlights that one of the main defects of the Constitution is that it does not establish a legal consequence in case the former president does not notify his departure from the country.
In addition, it mentions that the National Assembly lost competence of political control on Moreno because the “constitution also determines that the legislative body can carry out any act of supervision in the exercise of the functions of former president Lenin Moreno.”
Legal actions
Although in the Assembly there are three open investigations into former President Lenín Moreno: review of his latest government report, INA Papers and contract for the Coca Codo Sinclair hydroelectric plant; “he is not criminally prosecuted nor does he have any tax instruction issued against him, ”explains Mauro Andino, a political analyst.
For this reason, Lenín Moreno does not have any legal obligation that requires you to return to the country.
“As long as there is no formulation of charges, it is not possible to establish precautionary measures that limit the right to freedom of transit and the prohibition of leaving the country ”, details constitutionalist André Benavides who also emphasizes that the only authority that can request Moreno’s return is the Prosecutor’s Office.
“As we can see, the State Attorney General has not even called him to render a version of the INA Papers and other acts denounced against him,” Benavides mentions.
What is the weight of the resolution issued by the 100 assembly members who approved it?
Analysts agree that it is nothing more than a political issue. The lawyer Joffre Campaña, qualifies this document as a “political show and desire for notoriety “because the legislators” do not have any mechanism to force Lenín Moreno to appear “, therefore, he mentions,” they are shots into the air. “
Andino agrees with him, who argues that this political move makes it possible to show who they co-governed with Lenín Moreno. “What the blocks like UNES and Pachakutik is to position in the popular imaginary that those who abstained from voting on this resolution still support the former president, ”says Andino.
However, this document would also have a international background and it is, as interpreted by the professor and political analyst Édgar Zamora, to make a call of attention to the Organization of American States (OAS), where it is alerted that “they could be appointing a former public official to a position who may have possible accounts with the Ecuadorian justice.” (MFU)
Moreno, a political ally of the OAS
On November 18, the Secretary General of the Organization of American States, Luis Almagro, informed that Lenín Moreno will collaborate as Commissioner for Disability Affairs of the OAS.
As Moreno reported in his statement, this position would have the purpose of advising and apply inclusion policies and rights of people with disabilities.
However, for the political analyst Édgar Zamora this designation is nothing more than a retribution to political loyalty by Lenin Moreno. “It is important to remember the role that Ecuador, Moreno and the OAS played in the entire process of political instability in Bolivia, for example, when Evo Morales, Jeanine Añez, etc. came out. This is a very clear episode of what the OAS meant in the region, ”recalls Zamora.
“The 100 votes that approved the resolution reveal those who were against Moreno and those who continue to support him to this day”, Mauro Andino, political analyst.
