The plenary of the Supreme Court of Justice (SCJ) did not admit an incident of recusal presented by Shirley Castañedas, of the team of lawyers of Ricardo Martinelli against the attorney in charge Javier Caraballo, within the lawsuit of unconstitutionality filed by the lawyer Héctor Herrera against the resolution of March 22, 2022 of the Electoral Court (TE) that rejected the lifting of the criminal electoral jurisdiction of the former president.
The information is contained in edict No. 465 posted at the headquarters of the General Secretariat of the Court. Caraballo issued an opinion in the lawsuit filed by Herrera in which he considered that the decision of the TE magistrates, Heriberto Araúz, and Alfredo Juncá, “is unconstitutional”, because it violates five articles of the Constitution (numbers 4, 18, 32, 142 and 143, numeral 3), given that both issued a statement on a subject “totally outside their competence.
The ruling that dismisses the appeal of Martinelli’s lawyer, under the presentation of magistrate María Eugenia López, used article 2571 of the Judicial Code as a legal basis, which establishes that “they are causes of impediments: kinship within the second degree of consanguinity or first of affinity, with the plaintiff or with his attorney, having dictated the accused act or intervened in its preparation or issuance; and have the magistrate, her spouse or any close relative within the fourth degree of consanguinity or second of affinity interest in the decision of the case. These causes of impediment are applicable to the agents of the Public Ministry”, and that in this case this is not fulfilled.
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