USA

93 Congress Deputies and Parlasen lost right to pre-trial

On January 14, 93 deputies left office, some of them already facing justice for alleged crimes and having lost their immunity while in office, while others were left without pre-trial rights because they did not win re-election.

On June 14, 2023, the Supreme Court of Justice (CSJ) decided to revoke the immunity of then-deputy José Armando Ubico Aguilar, who is wanted by the United States for alleged links to drug trafficking.

Ubico was seeking re-election with the Podemos party in the first ballot of the district deputies of Sacatepéquez. However, the Supreme Electoral Tribunal (TSE) refused registration due to their legal situation.

Deputy Jorge Adolfo de Jesús García Silva, who joined the Civic Prosperity party, lost his immunity a year after the MP requested the withdrawal of pretrial proceedings due to possible links to illegal affiliation, fraud and money laundering crimes in the organization. National Institute of Seismology, Volcanology, Meteorology and Hydrology (Insivumeh).

By the former condition

In June 2023, the Constitutional Court (CC) definitively resolved the amparo and guaranteed the withdrawal of Carlos Mancos, the current deputy and former head of the Comptroller General of Accounts (CGC), from the charge of supporting services deemed unnecessary for two benefits. Companies, when he was the head of CGC.

As established, Mancos may have benefited from purchases of two companies that did not comply with legal procedures, totaling Q1.3 million.

Most reported

Deputy Aldo Dávila lost his immunity while still a parliamentarian and faces complaints from former president Alejandro Giamattei and his government officials.

Giamattei condemned him for discrimination, stating that on August 20, 2021, Dávila appeared next to the Presidential House and, using a loudspeaker, insulted and mocked him.

The CSJ also withdrew his immunity from investigation into the crimes of defamation, slander, and defamation following a complaint filed by former Minister of Social Development, Raul Romero, and a complaint by a PNC agent accusing him of verbal aggression. The lawmaker, who entered the Congress in 2020 with the leftist Vinak Party, has been censured by Giamattei government officials on at least 10 occasions. He did not register to participate in the general elections because of the procedures he faced.

Cavan Ivan Ligoria Galicia, who represented the Alta Verapaz district and did not win re-election with NOS, lost his immunity since taking office due to complaints of violence against women, as did Hector Manuel Choc Cal, who represented the same district. did and he did not achieve a meeting with the Humanist Party.

Due to the change in the legislature

Now there are also former parliamentarians who, failing to stand for re-election, lose their immunity and face justice.

Vinac’s deputy, Aidan Perez, has joined the USAC Toma case to express his support on social networks. He did not achieve his re-election with Vinak.

Aree Álvin Aguilar, who won the Quetzaltenango district seat in the 2019 elections, representing the Vamos party, was condemned for violence against women and faced a pre-trial process and may now be investigated, we again with the party Election has been demanded. .

In July 2023, still as deputy, the MP requested the withdrawal of immunity for deputy Julio Lanfiesta Rimola for violence against women in their physical manifestations. In November of the same year he was appointed undersecretary of Conamigua, but did not have immunity.

On June 12, 2023, the MP Women’s Prosecutor’s Office presented a request to withdraw the immunity of the Humanist Party deputy, Gustavo Estuardo Rodríguez-Azpuru, for the possible commission of the crime of sexual assault. The investigating agency felt that there were reasonable indications of the MLA’s possible involvement in the reported incidents. He did not seek re-election.

old cases

On October 19, 2016, the CSJ rejected a request for a pretrial against the head of the National Convergence Front (FCN) bloc, Javier Hernández, after his deputy on the same bench, Patricia Sandoval, condemned him for “violence against women”. . Hernández won one seat during the administration of President Jimmy Morales and later won his re-election with Alejandro Giamatti. However, in this assembly, despite being re-elected with the same party, he remained absent.

In May 2021, the CSJ also denied a request to withdraw immunity from Jimmy Morales for declaring CICIG head Ivan Velasquez “non grata”. The MP accused him of abuse of power and resolutions violating the Constitution. The investigative body also requested the withdrawal of Morales’ immunity for the Libramiento de Chimaltenango case and is held responsible for the fire of the safe home, Virgen de la Asuncion, which took place in 2017 and killed 41 girls.

After serving four years as a deputy in the Central American parliament, Morales is not immune from investigation.

In August 2017, the International Commission Against Impunity in Guatemala (CICIG) also reported illegal election financing for Q6.7 million that was not reported by FCN-Nación to the Supreme Electoral Tribunal (TSE) during that party’s campaign.

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