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March 18, 2022
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They annul the crime of sedition, but not that of terrorism

They annul the crime of sedition, but not that of terrorism

The Plurinational Constitutional Court (TCP) eliminated from the Criminal Code the crime of sedition provided for in article 123 and, therefore, no person can be prosecuted for this cause. However, the charges of terrorism will remain in force despite the recommendations of international organizations.

The inadmissibility of the action related to the crime of terrorism was declaredbecause the claim generated in this action was focused on a norm that had already been modified by Law 260, consequently, taking into account that the court pronounces on the current laws, the inadmissibility was declared, “explained the president of the TCP, Paul Franco at a press conference.

In the case of criminal charges for sedition, it is specified that “from the notification of the constitutional sentence, the crime of sedition is expelled from the Bolivian legal system, therefore, no one can be prosecuted or persecuted for this crime.”

Franco recalled that the appeal was filed by Adriana Salvatierra, Sonia Brito and Franklin Flores in May 2020, when these politicians were legislators for the MAS. At that time, Evo Morales was accused of both crimes.

The processing of this abstract appeal of unconstitutionality was entered with the file code 33807-2020-68-AIA. He also raised the annulment of the crime of “terrorism” that was used arbitrarily in the country.according to reports from international organizations for the promotion and defense of Human Rights such as the Interdisciplinary Group of Independent Experts (GIEI) and Human Right Watch (HRW), among others.

both crimes, sedition and terrorism, were used in the first complaint against former president Jeanine Áñezimprisoned preventively since 2021.

According to the review of the file, the lawyer Víctor Hugo Lima is among the parties that activated the lawsuit, whose opinion was presented almost years after it was presented.

The resource mentions one of the recommendations that the GIEI on the 2019 crisis, precisely regarding the accusations of “sedition and terrorism.” A trend observed by these experts in the judicial files initiated between September and December 2019 was the frequent use of these two criminal figures to promote the persecution of people participating in social mobilization and opponents.

During the transitional government of Jeanine Áñez, these figures were also used described as “abusive” and related to “political persecution”, according to the evaluation expressed by the GIEI.

The TCP yesterday also presented a resolution that orders the reparation of damages to Evo Morales because his candidacy for senator was disqualified in 2020. After the announcement, former deputy Rebeca Delgado recalled that with this resolution, the State must also comply with the determinations of the Human Rights Committee of the UN International Covenant on Civil and Political Rights that ordered the reparation of damages in her favor, for having been prevented from intervening in the 2019 elections.



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