The Constitution of the Republic clearly establishes that magistrates are prohibited from participating in party politics. And although she requested permission, the deputy prosecutor Lourdes Samaniego has been participating in proselytizing acts since before the validity of her permit, which began on June 1.
Source: The Nation
The case of the deputy fiscal agent of the Public Ministry Lourdes Samaniego is not a fact in parallel to the cases of magistrates who participated in the last partisan internal ones because, beyond the action of defraying, she has openly participated in proselytizing acts when not even not even the permit he applied for was in force.
By resolution dated June 1, 2022, the State Attorney General’s Office “grants permission for private reasons, without pay, to the deputy fiscal agent in charge of Area II of the Public Ministry (…) Lourdes Samaniego González, since June 1 June until August 29, 2022″.
However, Velázquez’s wife, before the authorization to go on leave for three months came into force, was already participating in political rallies. But as if that were not enough and that this questionable situation lacked seasoning, we cannot fail to mention that on May 23, 2022, the Vice President of the Republic lied publicly by informing through his social networks that his wife had resigned from the Prosecutor’s Office, celebrating that day was the first time he accompanied her on her political campaign.
The photographs and footage of the political rallies shared on social networks through the official account of the Vice President, prior to the entry into force of the resolution of the State Attorney General’s Office, already show that the prosecutor Samaniego could be breaching the regulations constitutional.
It is important to cite in this regard what is stated in article 254 of the Constitution of the Republic regarding the incompatibilities of prosecutors and judges.
The text says: “The magistrates cannot exercise, while they last in their functions, another public or private position, paid or not, except teaching or scientific research, part-time. Neither can they exercise commerce, industry or any professional or political activity, nor hold positions in official or private organizations, parties, associations or political movements.
The constitutional lawyer and national senator Eusebio Ramón Ayala clearly explained that the objective of this constitutional norm is to safeguard judicial independence and the best procedure.
“The magistrates have an obligation to be impartial, therefore, they cannot carry out political-partisan activities, actively belong to a party, vote, give their opinion, from the moment they take office. Not only in party politics, but in other areas, “said the constitutionalist.
Although in the particular case of prosecutor Samaniego, Senator Ayala mentioned that, although she is on leave, she is still an active deputy prosecutor, and highlights that the Magna Carta prohibits participation in all kinds of political activity, not only refers to to suffrage.
“Participating in a proselytizing act is already a political activity, being in a partisan political rally is categorical that the Constitution is being violated,” said the senator.
But it is not only questionable from the possibility of a violation of the constitutional norm by the wife of the Vice President, but also an alleged violation of what is established in the Organic Charter of the Public Ministry in its article 268 where it literally states that it is duty and attribution of the Public Ministry to ensure respect for constitutional rights and guarantees.
These legal indications may be elements for the Magistrates Prosecution Jury (JEM) to observe in detail at the time of the study of the ex officio investigation that was announced against the wife of Hugo Velázquez and the other representatives of the Public Ministry who voted in the internal ones
In this way, it is clear that since May 23 the deputy prosecutor Lourdes Samaniego has been accompanying her husband in proselytizing acts, and although her participation in these activities is justified because she has a permit, it is no less true that this permit entered in force on June 1, so the existence of grounds for his dismissal from the Prosecutor’s Office must be evaluated.