With the aim of achieving peace and reconciliation in the country and ensuring an impartial and independent accountability review, the Comunidad Ciudadana (CC) parliamentary group proposes that the government and the parliamentary parties conclude an agreement to amend the Public Prosecutor General and the Departmental Prosecutors by the two- Mechanism of thirds in the Plurinational Legislative Assembly (ALP) within a maximum of 90 days and a constitutional reform to ensure the independence of the judiciary.
The representative of the CC, Carlos Mesa, said that this proposal is within the recommendations of the Interdisciplinary Group of Independent Experts (GIEI), whose report was published the previous week.
Although the government has not given an official response to the Central Committee proposal, President Luis Arce said in a public ceremony yesterday that “the only way to repair and pacify the country is to apply justice as soon as possible,” in Allusion to the trial of former President Jeanine Áñez for the deaths of Sacaba and Senkata.
Meanwhile, Senate President Andrónico Rodríguez said that any reform of the country’s judicial administration would take at least five years.
“Today it is up to the political forces representing the will of the people to restore the judiciary and prosecutors to ensure that the serious events that deserve investigation and sanction are judged through due process and a guarantee of impartiality timely justice and free from party interference. This is imperative to prevent today’s sterile polarization from leading to chaos, confrontation and violence tomorrow, ”Mesa argued.
The attorney general change proposed by Mesa would be made through a judicial mechanism due to the omissions, delays and arbitrary use of crime noted in the GIEI report. This procedure is carried out within a maximum of 90 days.
Another reform is the change in the organic law of the public ministry, according to which both general and departmental lawyers are appointed with two thirds of the votes of the ALP consisting of representatives of the most important civil society organizations after a public merit competition, which is judged by a citizens’ committee .
Finally, a constitutional reform amending the system of electing judges of the judicial authorities, which ensures the independence and suitability of the head of the judicial authority and must be implemented before the scheduled date for the next judicial elections in 2023.
For the President of the Senate, the 90 days Mesa proposes to switch prosecutors is not enough. “It takes a long time, 90 days is impossible. This justice that we have inherited comes from the creation of the republic, we have to work very seriously, at least in a period of four to five years, but in a very responsible and serious way, “he said.
Rodríguez highlighted Mesa’s initiative to bring peace and reconciliation to the country, but reminded that any proposal must be made within the framework of social justice and that everything that happened in November 2019 cannot go “unnoticed”.
Universities and other institutions would have to be involved in reforming the administration of justice, said Rodríguez.
MAS MP Juanito Angulo pointed out that Mesa’s proposal was political and sought impunity for those responsible for the violent events of 2019.
Recommend adherence to the GIEI mandates
After the Interdisciplinary Group of Independent Experts (GIEI) issued 36 recommendations to the Plurinational State of Bolivia, constitutional lawyer Carlos Alberto Goitia stated that at least seven obligations must be fulfilled, those of the compensation of the victims of the events between September 1st and December 31st 2019, as well as that the police and the armed forces (armed forces) must lift confidentiality.
In an interview with the information portal Urgente.bo, the former Minister of Justice also stated that the criminal forms of sedition, terrorism and terrorist financing, which are used by judicial authorities and governments to carry out political persecution, should also be abolished.
“The GIEI told us that the judiciary in Bolivia is not working, it is not credible and that there is no judgment in a fair trial. Therefore, certain mechanisms and immediate measures need to be put in place, ”he said.
Adjust the criminal types of sedition, terrorism and terrorist financing in accordance with the principle of legality and international standards and review the practice of promoting and confirming allegations regarding these criminal types, the GIEI report says.
The number of preventive detention must also be corrected in the code of criminal procedure, “it must be an exceptional measure,” emphasized Goitia.
Another obligation that the Bolivian state must fulfill under the provisions of the GIEI is the repeal of the amnesty decree.