Experts point out that u will face criminal proceedings for violating the Political Constitution of the State (CPE) and the Inter-American Convention on Human Rights.
Constitutionalists claim that the members of the TCP, who empowered Morales by interpreting Article 23 of the Convention, have committed various crimes including: violating the CPE, appropriating functions, and excuses.
“If they have committed crimes classified under Article 153 of the Criminal Code, they are undoubtedly unconstitutional orders, Article 174 crimes of debauchery, including crimes of usurpation of functions, the former judges of the TCP when they passed Constitutional Judgment 0084 / 2017 “, refers the constitutional lawyer and former judge José Antonio Rivera.
Crimes of unconstitutional resolutions for leaving them without legal effect due to this conventional constitutional distortion and the rules of Article 168 of the other rules of the CPE.
Prevaricato for having issued a judgment that is manifestly contrary to the legal system, the CPE, the Inter-American Convention on Human Rights and applicable law.
Functional presumption because on the one hand the TCP made an imprecise interpretation of the convention, a power that corresponds to the Inter-American Court of Human Rights, and on the other hand an abstract control of conventionality that also corresponds to this instance.
“They also appropriated functions of the constitutional power because they left the constitution without legal effect through an interpretative judgment, which would essentially mean a constitutional reform,” he adds.
Williams Bascopé Laruta, also a constitutional lawyer, claims that the former judges of the TCP maliciously acted “unconstitutional and convention” for which they should be charged along with other intellectual authors.
“They have committed the crime of debauchery and, apparently, the usurpation of functions and they must be brought to justice for these crimes. And the accomplices, intellectual writers, those who covered it all up, need to be investigated. This is aimed at the parliamentarians who have promoted this and obviously there are other people behind the parliamentarians ”, he assured me.
Rivera added that while the former judges committed crimes, members of the congregation, including members of the TSE, also committed criminal conduct by empowering Morales by retrospectively applying a penalty that should apply for the future.
“On the basis of this constitutional and conventional fraud, the electoral body authorized Evo Morales Ayma and Álvaro García Linera to the parliamentary elections 2019 and was part of the electoral fraud, since electoral fraud is the series of illegal acts in favor of a candidacy at the expense of other candidates and precisely here the candidacy of Morales was favored with this fraudulent judgment, ”he said.
THE CONADE REQUIRES SUPPORT FOR TESTS
Manuel Morales, representative of the National Committee for the Defense of Democracy (Conade), announced, according to Brújula Digital, that he would seek the support of political forces and civil society to bring a case of accountability against Evo Morales, the former judge of the TCP and of the members of the TSE.
“There is a process about the responsibilities towards Evo Morales, which has to be conducted with separate strands, there is another process that must be opened to the judges of the TCP with judgment 084/2017, and another process must be conducted directly in front of the members become the 2019 TSE for registering Morales for the election as he knows the background to the 2016 referendum, which is binding, ”he stated.