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July 28, 2022
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The case of a provincial judge puts the Judicial Council in check for dismissals

Foto: Archivo

July 27, 2022, 8:24 PM

July 27, 2022, 8:24 PM

Pastora Cabrera Misericordia, was a childhood judge in Tupiza (Potosí), who was fired in February 2019 by the Council of the Judiciary, giving her a memorandum of “gratitude for services”. Now, three years later, that former authority won an injunction in the Plurinational Constitutional Court (TCP) and this ruling endangers all the dismissals approved by the Council of the Judiciary at this time.

“The ruling has three parts: the first agrees with the judge; the second orders the Council of the Judiciary to reinstate her to her position and if it were busy, to give her another position with the same salary level. The third is the most complicated because it instructs that in 90 days an evaluation be carried out on those who are judges and those who were part of the Judicial Branch. By saying ‘formed’ it can be interpreted that all judges must also be included. to those who gave them the memorandum of thanks for services”, explained the constitutional lawyer, Israel Quino Romero.

In March of this year, the Council of the Judiciary reported the dismissal of 11 judges who released sentenced prisoners and the referral of another seven to disciplinary proceedings. Throughout this process of intervention of the courts that freed murderers and rapists, 38 judges were fired throughout the country.

Most of these 38 lawyers received their letter of “Thank you for services” which is nothing more than removal from office.

“For example, Judge Rafael Alcón received his letter of thanks for his services,” Quino Romero recalled. This mechanism was adopted by the councilors to avoid the internal process or the judicial process that would take a long time; the memorandum abbreviated times.

Rafael Alcón was accused of freeing the femicide Richard Choque Flores, who later got out of jail continued to commit crimes and murdered two other people. The same thing happened with another 37 judges accused of favoring convicted prisoners.

According to Quino, in the country there are 500 transitory judges, that they are those who were designated temporarily, until the Council of the Magistracy fills those acephalies with competence exams; the 38 judges dismissed in the last two months are part of that group and the constitutional ruling benefits them.

“Within a period of three computable months from the notification with this Plurinational Constitutional Judgment, the Council of the Magistracy proceeds to the regulation of the judicial career, where it proceeds in justice, to carry out evaluation processes, for the selection, permanence, promotions, transfers to capitals -among other aspects- of all the judges who are currently part of the Judicial Branch, whether they are graduates of the School of Judges, elected by convocation processes and transitory judges who were part of the Judicial Powerwith the purpose of forming part of the judicial career of the new Judicial Body, according to their capacity and suitability for the positions they occupy” indicates the third subparagraph of the second point of the Constitutional Sentence 0704/202-S1 that the former judge won. of childhood, Pastora Cabrera Misericordia and to whom EL DEBER agreed.

Now the Council requested the complementation and amendment to the TCP because that third point would favor the transitory judges “who were part” of the judicial entity, which means those recently dismissed.

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