TCP notifies ruling against decrees of promotions to Áñez military 10 months later

TCP notifies ruling against decrees of promotions to Áñez military 10 months later

The Plurinational Constitutional Court (TCP) formalized the annulment of decrees 4291 and 4306 issued during the Government of Jeanine Áñez and that ordered the promotions of the military in 2019. In this way the promotions of Sergio Orellana Centellas, Pablo Guerra Camacho, Ciro Álvarez Guzmán and Moisés Mejía Heredia, were null.

The TCP failure was known this Thursday, but it bears the date of May 7, 2021. Apparently the parties would have been notified just ten months after it was signed, which caught the attention of the lawyers of the former president, Jeanine Áñez.

The appeal for annulment of decree 4291 was activated by the then president of the Senate, Eva Copaon July 15, 2020, in which he denounces a “blatant usurpation by the de facto government (sic), which did not compete with him, since that decree allowed him to impose degrees and deliver batons, sabers and swords to the entire High Command of Áñez, violating numeral 8 of article 160 of the Political Constitution of the State”, indicates part of the document.

According to Copa’s lawsuit, the ascent took place with an “infralegal” norm, that is to say, that the Executive was not qualified for this type of decision, which constituted a crime.

Based on what has been conferred, it is concluded that the defendant authorities, “Transitory President of the Plurinational State of Bolivia” and the “Council of Ministers” who signed Decree 4291 (…) they incurred a non-existent power that was not assigned to them by the supreme norm or the laws”, reads in another part of the resolution of the TCP.

Likewise, the TCP in its ruling indicates that the same thing happens with decree 4306, which was signed in August 2020 and ratified the validity of the first. The magistrates affirm in their resolution that the same “cannot go unnoticed by this Court”, because supposedly the rule is in force in the database of the Official Gazette of Bolivia, so they also decided to include it in their final resolution.



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