After the Constitutional Court (CC) annulled the list of six candidates for attorney general and head of the Public Ministry (MP), President Bernardo Arévalo spoke out on his social networks and stated that actions like this reveal the existence of “operators of dark interests”, but that, despite this, he will soon appoint a new prosecutor.
“I will soon appoint a new attorney general for the Public Ministry.”
“The protection that reversed the list of candidates submitted shows that some are reluctant to lose. But the truth is that we are on the verge of a change of time, a change of authorities. I encourage the commissioners to continue with their crucial task for the future of Guatemala; do not let them give in,” Arévalo said.
He added: “The new list must be made up of upright, ethical and independent professionals, and leave out those who have served impunity, the operators of dark interests and those who have betrayed the people’s mandate of justice.”
This Thursday, April 23, the CC endorsed an injunction that annulled the list of six candidates for attorney general, which is why it ordered the Nomination Commission to roll back the process to the candidate qualification phase.
The resolution, which responds to a legal action promoted by Raúl Amílcar Falla Ovalle, a member of the Foundation against Terrorism, questions the accreditation of the professional experience of certain applicants who have served as judges, which forces the commission to re-evaluate the files using the established grading table.
With this measure, the selection of the next head of the MP is put on hold, pending a decision on whether the new weighting will alter the profiles that made up the final list of six candidates originally presented this Wednesday to Arévalo, who must choose before May 17 the replacement for the current attorney general, Consuelo Porras Argueta, accused of corruption and sanctioned by the United States and the European Union.
As of this ruling, the Nomination Commission must resume its functions to once again qualify the 48 original applicants and must apply the grading table without automatically counting the years in the judiciary (service as a judge) as equivalent to the professional practice required for the position.
In its resolution, the CC emphasized the need for a thorough review to ensure compliance with the merits. According to the document, the process returns to the qualification phase to ensure that the profiles strictly comply with the requirements of the law.
“The Nomination Commission for the election of Attorney General and Head of the Public Ministry is ordered to proceed to requalify the candidates for said position, rigorously applying the approved grading table,” the resolution reads.
“This court notes the need for the application process to conform to the principles of merit, capacity and suitability; the Commission must justify the score awarded in each of the evaluated items to guarantee the transparency of the payroll,” adds the Court’s ruling.
The judicial ruling implies that Arévalo must return the payroll received on Wednesday.
Various analysts agree that the new evaluation opens the door to a reconfiguration of forces in the Commission, where a block of 10 commissioners has been accused of blocking independent profiles.
The uncertainty lies in the possible inclusion of Porras Argueta, who did not reach the necessary votes on the previous list, despite having the highest grade (92.33).