Justice Minister Iván Lima warned this Saturday that he would lodge a constitutional complaint against members of the Supreme Court of Justice (TSJ) if they fail to cancel the recent possession of department members other than La Paz, as it has been in violation of the state’s political constitution and the binding decisions of the plurinational constitutional court.
“If the Supreme Court continues to disregard the Constitutional Court’s rulings, liability proceedings must and should not happen,” he said at a press conference.
The government agency recalled that the Plurinational Constitutional Court passed judgment 170/2021 of May 26, 2021 and was notified to the Supreme Court yesterday, Friday, to specifically indicate that the public call to appoint Vowels and all subsequent, that would have been generated.
The constitutional decision shows that the judicial authority has no legal basis to carry out the proceedings and the property of the new members.
“In this judgment 170/2021, the Constitutional Court points out that the member selection procedure violated the Constitution, that the member selection procedure did not respect the basic principles of Law 025 of the Judiciary, and it has ordered that the Supreme Court and the council of the magistrate correct this procedure, “he said.
He stated that non-compliance with the court ruling was “very grave” since the state’s political constitution provides that the plurinational Constitutional Court is the guardian of the Magna Carta and interprets its application, in addition to making its rulings “binding and mandatory. “.
In addition, Lima announced that this government portfolio will attend a compliance hearing on a lawsuit against the appointment of members of the Departmental Court of La Paz, which will be held in the First Constitutional Chamber of the seat of government on Wednesday next week.
He recalled that MEP Froilán Mamani Choque presented the legal process yesterday morning, Friday, claiming that the selection process for members does not respect the criteria of achievement society, gender parity and multinationality.
“The Constitutional Chamber has granted a precautionary measure and ordered the provisional suspension of the property of those named as members of the La Paz Departmental Court,” he said.
The state authority stated that the Ministry of Justice would present the arguments that show that the constitutional criteria of the performance society and the correct performance evaluation of the elected were not observed in the election and appointment of the members.
The process is marked by unfortunate events that are denounced, such as the presence of an applicant who does not have six years of experience to be appointed as a member.
“There are members who have been convicted of crimes as serious as they are extravagant, unconstitutional resolutions and other crimes,” he said.
The head of justice confirmed that what happened when appointing members for the higher courts was “very serious” because it was chosen questionably because the university system was not involved, this was not the case considering the first on the list of applicants qualified applicants and preferred applicants with serious technical, disciplinary and criminal proceedings against them.
“They chose Bolivians who are not worth calling judges of Bolivia,” he said.