The protections that had stopped the continuity of Walter Mazariegos at the University of San Carlos de Guatemala (Usac) were suspended, according to the Constitutional Court (CC), which gives two days for the courts to validate the re-election of the rector again.
This instruction comes after, by majority, the CC resolved a series of appeals against two injunctions, which a few weeks ago had ordered to suspend the results of the Usac vote on April 8.
That electoral event, questioned by the exclusion of opposition voters, left Mazariegos as the winner to continue in the rectory for 2026-2030, which triggered a legal battle that Mazariegos is winning.
Usac, Dignidad y Resistencia (Usac-DIRE), which brings together students, teachers and graduates, opponents of what they call “the regime” of Mazariegos, presented dozens of protections.
Two of them gave hope to the opposition after the courts processed the protections and some time later gave provisional protections, ordering the April 8 election to be suspended.
The Usac, through the Higher University Council (CSU) and the Electoral Body, appealed the two protections before the CC, which after studying the case found errors in the processing.
The Court’s study shows that those who promoted the amparos were not the appropriate people to do so, not to mention that other avenues were not exhausted prior to the presentation of the amparos.
The CC ordered after hearing the appeals that the amparos must be suspended in their processing, which annuls the first one that became final and the second that was pending receipt of a sentence.
For this, the courts must comply with the resolution within 48 hours, whenever they are notified, a situation that has been delayed because some reasoned votes are missing.
They reject resolutions
For Edwin Orozco, lawyer for Usac-DIRE, the way in which the CC resolved the appeals is worrying, which he claims clears the way in favor of Mazariegos so that a new period as rector begins on July 1.
“We are totally concerned and dismayed by the arbitrary and illegal decision to suspend the protections, the CC was given a resolution of provisional protections, it should only resolve on them, but the process should continue until the merits of each one are resolved,” said the lawyer.
Although they still have some protections pending a ruling, regardless of the meaning of the resolution, they are going to escalate again to the CC, which generates uncertainty in the opposition.
“The CC found a perverse mechanism so that the courts do not know the merits, it is easier for them to suspend the protections than to validate each illegal action that occurred in the April 8 election,” he said.
The settlement is missing
For Marco Vinicio de la Rosa, a member of the CSU on the opposition side, who is not allowed to participate in the sessions, part of the fight now depends on the firmness shown by the Comptroller General of Accounts (CGC).
“What we see are the forces of the corrupt pact putting their hands in all the processes of the country, we see something different from four years ago, among them that the CGC has already reported that Mazariegos does not have a settlement,” along with about three complaints presented to the Public Ministry (MP).
De la Rosa explained that the anomalies reported in the election of the rector cause students, teachers and graduates to demonstrate publicly again, which he considers vital for “the rescue of the USAC.”
But both Orozco and De la Rosa agree that the current scenario seems to point to an imminent continuity of Mazariegos, which will depend on how long the CGC resists.
Also from judges
Another institution that can fight Mazariegos is the new Public Ministry (MP) of Gabriel García Luna, according to the analysis of César Vega, a member of Acción Ciudadana.
But for this to happen, he indicates, independent judges are needed to access possible judicial requirements, which he identifies as a possible obstacle.
“The most likely scenario is that he takes over as rector because he still controls the CSU, for the complaints that were presented to advance they need the judges and the Judiciary remains on the side of the mafias that support Mazariegos,” Vega said.
Although the issue of settlement is another clear obstacle, he considers that a political negotiation could help him recover this essential document for the position, considering the votes he could manage in the CGC candidacy.
“We have seen the issue of settlement in previous cases, people who do not have it and then if, we do not have guarantees, there is a lack of certainty, they could resort to some protection or even internal negotiation in the CGC,” he indicated.