Member Rosario Baptista filed a constitutional protection lawsuit against members of the Supreme Electoral Court (TSE), which issued a disciplinary sanction order by the Disciplinary Court suspending them from their position without pay for 22 days.
Baptista claims that his right to due process has been violated in its adjectival and material dimensions; It also took the view that the resolution passed against it by the members of the TSE was arbitrary as it violated the independence of government agencies.
“I am filing this constitutional complaint against the members of the Supreme Electoral Court for adopting resolution TSE RSP-JUR No. 0128/2021 of July 7th, which violates my rights: elements of motivation and coherence, 2. due process in its material dimension and the prohibition of arbitrariness by violating the principles of independence, separation, coordination and cooperation between the institutions, legality in its rigor and the principle, the law and guarantee of equality and non-discrimination, as well as my political right to exercise public functions “explains the constitutional protection document formulated by Baptista.
The member asked the authorities of the Constituent Chamber of La Paz to allow the Amparo constitutional action in order to determine the date and time of the hearing and analyze the merits of the event. He applied for guardianship, which he can use to annul the decision of the members of the TSE and rectify all facts that are harmful to it.
The plenary chamber of the TSE, constituted as a disciplinary court, decided on July 7th to suspend its functions for 22 days without the Baptista vowel as part of a disciplinary procedure initiated ex officio by the electoral authority.
At that time, the president of this state body, Oscar Hassenteufel, stated that the competences of the vocal Baptista were established and the sanction applied under Article 88 of Law 018, which was based on the proposal of three members, to whom the presidency added, “is a sanction of 22 Days of gratuitous suspension. “
Most members of the Disciplinary Court found that Baptista had failed to comply with an order from the Chamber to respond to a request for a written report that took at least 88 days to complete.
The request for a report would have been sent by MP Ramiro Venegas in connection with the letter to the Secretary General of the Organization of American States (OAS), Luis Almagro, about an earlier election.