Deputy Minister: Incitement to hatred and terrorism trial against Áñez has been paralyzed and a decision by the TCP is awaited

The Deputy Minister of Justice and Human Rights, César Siles, said yesterday in the Universal Periodic Review (UPR) of the Committee against Torture (CAT) on its 72 ex-President Jeanine Áñez is paralyzed in the case of the alleged coup until the Plurinational Constitutional Court (TCP ) decides on the constitutionality of the offenses.

When Siles was asked by the CAT reporter about the validity of these criminal types in the country, the formulations of which are seen as “vague and abstract” and which “do not conform to the principle of legality”, he replied that these typifications were “unconstitutionally challenged”. by the government of the Movement towards Socialism in 2019 “.

However, since MAS President Luis Arce came to power, the government has launched a process of prosecution against these criminal types, for which former President Jeanine Áñez, an official of his government, is jailed between ministers and vice ministers and former military chiefs.

In addition, the deputy minister himself used these crimes – on the 11th that must be investigated.

“Initially, criminal proceedings for terrorism, sedition and conspiracy (against former President Jeanine Áñez) were initiated, but these proceedings have been paralyzed precisely because the Constitutional Court has yet to make a final decision on the unconstitutionality of these crimes.” said at the CAT meeting in Geneva.

The CAT rapporteur, Chairman Heller, expressed concern about the allegations of sedition and terrorism against the former President Áñez and also because there was no evidence of this.

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“What is striking is that former President Áñez is rightly accused of the same crimes as her predecessor, former President Evo Morales, despite an overly broad and ambiguous definition (of these criminal types) and without conclusive evidence that in both cases committed acts that could be classified as terrorism, “he noted.

Human Rights Watch (HRW) director José Miguel Vivanco also questioned the criminal nature of terrorism, which is viewed as “excessively broad”, in a previous statement and urged the Plurinational Legislative Assembly to narrow its definition, to prevent it from being used for criminalization or to restrict the right to freedom of expression and association or to impose disproportionate penalties.

Siles said his government MPs filed unconstitutional charges against the above crimes because they considered them “too open” and “causing a lot of confusion at the time of their application,” admitting that “they are used as a tool to identify certain leaders.” and suppress groups of people who have been unfairly and illegally prosecuted simply for exercising their right to protest. “

However, the proceedings with these questioned criminals continue in the country against opponents of the government. La Paz Prosecutor William Alave reported that next week the State Department will invite Santa Cruz Governor Luis Fernando Camacho and his father José Luis Camacho to testify in the case of the alleged coup. budget. .

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This case began with a complaint filed by former MAS MP Lidia Patty in March against former officials of the transitional government and former President Jeanine Áñez for crimes of sedition, conspiracy and terrorism.

Siles also said at the CAT meeting that there are various pending lawsuits against Áñez; some are examined in the legislature for liability proceedings, which are carried out depending on recognition as president.

Lawsuits were also initiated against the former president in the usual way, in particular because of compliance with or the position of the President of the Senate and later the position of the temporary President of the country. “

“This process is not for hate speech or terrorism, this process is for the corruption crimes recognized both in the Marcelo Quiroga Santa Cruz Law as it is recently amended, which are called resolutions that contravene the political constitution and laws and are breaches of duty” he said pointedly.

He said that the trial was currently on the indictment stage and that the public and contradicting hearing would begin soon, and announced that “the verdict will be condemned as requested by the Department of Public Affairs and the Executive”.

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