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February 6, 2022
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Santos Case: Article of Law 031 that allowed dismissal with fiscal accusation was annulled

Governor Quispe is taken to the Felcc after being surprised with alcoholic beverages in his office

Page Seven Digital

Article 145 of Law 031 Framework of Autonomies, which established the suspension of governors or mayors with a formal accusation from the Prosecutor’s Office, was declared unconstitutional in 2012 by the Plurinational Constitutional Court (TCP).

Assembly members of Somos Pueblo, including Israel Alanoca and Samanta Coronado, stated that once justice makes a determination on Quispe, they will proceed in accordance with rule 031. This with the purpose of electing an interim governor.

Before 2012, article 145 of the law stated: “If there is a formal accusation, the prosecutor will communicate the suspension to the deliberative body of the respective autonomous territorial entity, which will order, summarily and without further formalities, the temporary suspension of the authority. defendant designating, at the same time and in the same resolution, who will temporarily replace her during her trial.”

However, this section of the norm was objected, through an appeal, by legislators Centa Rek (current senator of Cree) and Germán Antelo. The TCP gave reason for its action, which is why it annulled several articles of the regulations.

You can also read: De la Cruz: The Mallku must be wallowing

“Declares the unconstitutionality of arts. 144 and 145.2 of the Framework Law of Autonomies and Decentralization since the temporary suspension of the elected authorities and the removal of their functions as a result of a formal accusation affects the guarantee of the state of innocence, implies a sanction without prior process, violates their rights politicians”, details sentence 2055/2012.

impeachment will be difficult

Former assemblywoman Claudia Bravo stated that unfortunately the dismissal of Governor Santos Quispe will be complicated, since the norm puts many padlocks. Therefore, he expressed that “for moral reasons” he should resign, being found drunk and consuming alcoholic beverages in an environment of the government.

You can also read: Three cases corner Santos Quispe, he is on the tightrope

“The only way a governor can be removed or replaced is if he dies, resigns or via a recall referendum, after half of his term, or if he has a final sentence. Unfortunately there are some very strong padlocks there. The only way is to sanction it administratively, that goes through the Departmental Assembly and issue a motion of censure, based on an interpellation”, he emphasized.

Bravo explained that in the past administration, former governor Félix Patzi was censored several times and never paid attention as an executive part. He added that in the case of Quispe it will not be different, because if he had the “boldness to deny” that he was drunk, even though he was found in that situation, he will not listen to a retraction.

“Unfortunately, the Departmental Assembly can only suggest. You will remember that Patzi never followed the caesura. This would not happen if politics had not intervened. In the previous administration, assembly members opposed approving the autonomous statutes, which would have made clear the sanctions for authorities that transgress the norm,” he added.



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