MPs of the Citizens’ Community (CC) filed a motion for control of conventionality before the Plurinational Constitutional Court (TCP) to overturn judgment 084/2017, which allowed for indefinite re-election, taking into account the fact that the Inter-American Court of Human Rights (IACHR) has already stated that it is not a human right.
CC-Bank chairman Carlos Alarcón reported that the decision was made after the TCP rejected an annulment suit against the ruling filed by a group of lawyers.
He stated that the court had rejected the lawyers’ appeal, arguing that they were not entitled to make the request, but noted that the judges now have no excuse as the opponents as MPs have the legitimacy to this type of constitutional jurisdiction to take action.
Alarcón pointed out that the Bolivian state must comply with its signed agreements and apply the opinion issued by the Inter-American Court of Justice.
He pointed out that the grounds of judgment 084/17 and the opinion are completely incompatible, which is why the TCP should declare the former null and void, otherwise the state would have an international responsibility.
Alarcón urged the TCP to act quickly and correct what he called “legal barbarism”.
“Let’s also hope that he will stop and forfeit that sentence ‘Evo Morales’. You know that the verdicts on the indefinite re-election are essentially the tailor-made and pre-made sentence for former President Evo Morales,” he said.
This judgment was issued in 2017 at the request of the MAS to allow for indefinite re-election under the interpretation that this figure was approved by the American Convention on Human Rights.
At the request of Colombia, the Inter-American Court of Justice carried out a corresponding analysis of the American Convention and found that unlimited re-election is not a human right and also contradicts the principles of democracy.