Justice Minister Iván Lima announced that the judgment of the Constitutional Court 052/2021 will be presented in the subsequent criminal case against Jeanine Añez for unconstitutional decisions and breach of duty with the aim of the ordinary justice issuing an immediate conviction against the ex-president.
Two proceedings are currently underway against Añez because of the so-called coup d’état following a complaint by former MP Lidia Patty. In one of the proceedings, the ex-president is accused of terrorism, sedition and conspiracy, in the second of unconstitutional decisions and breaches of duty.
“A lawsuit has been initiated, a lawsuit for unconstitutional decisions and breach of duty has been separated from the lawsuit of Lidia Patty. This sentence will represent this case and definitely the (criminal) conviction as we had stated it should leave with immediate effect, as the presentation of the test has already been exhausted, ”Lima said in a press conference.
The Constitutional Court judgment 052/2021 does not mention Añez, but in the government’s criteria it would declare the 2019 succession unconstitutional as it stipulates that the Ipso Facto mechanism cannot be used in the legislative chambers in the event of their authorities resigning and that the terminations through social networks are not valid. In 2019, Añez took over the presidency of the Senate and the state on the condition that the authorities subordinate to her as the second Vice President of the House of Lords had resigned.
Lima applied for the oral hearing to be initiated soon with this judgment by the TCP, the ordinary judicial law, and for a criminal conviction to be carried out “as soon as possible” this year as part of an ordinary trial.
Last week, Minister Lima said he was expecting Añez to be sentenced to 12 years in prison in the course of 2021.
Añez has been in custody since March this year. He is on preventive detention for terrorism, sedition and conspiracy until at least February 2022 while the investigation is being worked out, while his preventive detention for unconstitutional decisions will also last until February.