Q COSTARICA — In a forceful clarification, the coordinator of legal counsel for the Tribunal Supremo de Elecciones (TSE) – Supreme Electoral Tribunal – Juan Luis Rivera, explained that if political belligerence is proven, the Constitution empowers the electoral body to apply the maximum sanction: the removal and disqualification of President Rodrigo Chaves if he is found guilty of committing the crime of political belligerence or non-compliance with the electoral ban.
The process, however, first requires the Legislative Assembly to lift the immunity.
The TSE as an “electoral judge”
Rivera explained to El Observador that, in the Costa Rican democratic system, the TSE has the authority to interpret and apply electoral regulations. “In our system, the electoral judge is the TSE, and therefore, it is empowered to rule,” he stated, indicating that this authority is also based on principles of the Inter-American Court of Human Rights.
The sanctions for political belligerence are the most serious under electoral legislation and range from disqualification from holding public office for a period of two to four years, to immediate dismissal from office.
The Process: Congress Takes the First Step
The TSE official was also clear about the procedure to be followed. In order to prosecute a member of the supreme powers, such as the president, the TSE must first request Congress to lift his immunity with the approval of 38 of the 57 legislators.
If Congress lifts the president’s immunity, the TSE can then open the ordinary sanctioning procedure and, eventually, impose a punishment.
The case of President Chaves
The request against President Chaves is already in the hands of the legislators.
Twenty-four complaints were filed against the president, and the TSE consolidated 15 of them into a single file.
This comes just days after legislators rejected the request to lift Chaves’ immunity at the request of the Supreme Court of Justice so that he could face justice for the crime of extortion charged by the Attorney General’s Office.
Rivera clarified that the request for immunity does not imply conclusive evidence that the president has engaged in political belligerence. “No facts have been proven, nor has anyone been found responsible. What is being requested is the possibility of continuing the proceedings,” he stated.
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