With five yes and two no votes, the Inter-American Court of Human Rights comes to the conclusion that “the unlimited re-election of the president is not an autonomous right that is protected by the American Convention on Human Rights or the Corpus iuris” . of international human rights “. With this judgment, which was officially published yesterday by the international body, it is clear that the former President Evo Morales has violated the Political Constitution of the State (CPE) and, according to lawyers and political scientists, could be the subject of liability proceedings.
In order to qualify for his fourth candidacy, Morales forced an interpretation before the Plurinational Constitutional Court (TCP) through which this authority approved his participation in the 2019 elections, as this was “a human right”. But now the Inter-American Court of Justice is telling the TCP that its decision violates international norms.
On Thursday, a media company “leaked” the conclusions of the Inter-American Court of Justice and assured them that they were from a “diplomatic source” after receiving the document.
For the constitutional lawyer César Cabrera, the Inter-American Court of Justice said in its judgment that no indefinite or indefinite governments can be formed and that democracy within the framework of its own laws and norms is limited in time and cannot be regarded as a human right for indefinite re-election.
For Cabrera, when the TCP made the decision that unlimited re-election is indeed a human right for Evo Morales, it interpreted Article 23 of the American Convention and gave it a different scope. The Inter-American Court is now telling her no, that she is the only one who can interpret this rule and that they have done it very badly.
Cabrera said members of the TCP, TSE and Morales themselves commit crimes of excuse, violating resolutions and breaches of duty.
Political scientist Carlos Cordero agrees with Cabrera and sees that in addition to Morales, the people around him should also be brought to justice. That is, lawyers, ministers, judges, political leaders, lawmakers, and everyone who supported him.
“However, it will be very difficult because the judicial apparatus is very submissive to power and the ruling government. But no doubt the opposition will at least try, ”said Cordero.
Meanwhile, former President Morales yesterday attacked the OAS and the Inter-American Court of Justice, suggesting that the body be closed and that the re-election opinion is an attack aimed at destabilizing democracy.
“So we know with whom the Inter-American Court corresponds, with whom it answers, whom it obeys, with whom the OAS cooperates; Rather, I use this important opportunity and see how I can re-establish the OAS, not to say close, ”Morales told the media in Peru.
Luis Almagro highlights the opinion
The Secretary General of the OAS, Luis Almagro, yesterday highlighted the opinion of the Inter-American Court of Justice against open-ended re-election.
Almagro pointed out on his Twitter account that the report “is essential to strengthen hemispheric democracy because it avoids the abuses committed in the past”.
He added that the ruling also “paves the way for a future in which democracy will not be tainted by the misconception that re-election is a human right”. The report indicates that unlimited re-election is not a human right protected by the American Convention on Human Rights.