Bolivia will elect judges and magistrates by vote in a climate of political crisis and “lack of independence”

Bolivians will elect the judges and magistrates of the judicial branch on December 15 in an environment of “internal crisis”, “lack of independence” and citizen apathy in the face of a process loaded with political partisanshipaccording to observers summoned this Monday to the Inter-American Commission on Human Rights (IACHR) in Washington.

The director of the Human Rights and Justice Observatory Foundation, Rubén Darío Cuellar, told the IACHR that in the South American country the link between democratic institutions and judicial independence “has been deteriorating” until reaching a “serious” state.

He highlighted that the current conflict of two factions of the ruling party Movement towards Socialism (MAS) further complicates the situation. Former President Evo Morales is facing current President Luis Arce, and is asking him to resign, amid tensions due to the judicial closure of the possibility of the former head of state running for office again in next year’s elections.

“The abuse of power, systematic violations of human rights, electoral crises and social conflict are situations that at the time were significantly aggravated by actions or omissions of the judicial system,” Cuellar noted before the IACHR.

The Human Rights and Justice Observatory sees the “interference of political powers” ​​and, in particular, of the executive, as a critical point, describing it as a “constant practice that has weakened judicial independence” and, worse still, has deepened the loss of trust and credibility among citizens in Bolivia.

They also warn that “direct intimidation against judges and prosecutors,” especially in cases where there are accused opponents of the government and prosecutors from the Public Ministry with discretionary practices, “violate the principles of objectivity and transparency” demanded by the law.

“In this context, justice is instrumentalized for political purposes, where patterns of political persecution are observed through the improper use of criminal law,” Cuellar said.

Another highlight during the hearing this Monday was the extension of the mandate for one more year to the judges of the Supreme Court of Justice of Bolivia, since elections could not be held last year and under the risks that the appointment to the polls for the December 15 cannot be fulfilled.

Causes that accelerate the crisis

The former magistrate of the Constitutional Court of Bolivia, José Antonio Rivera, explained to the IACHR that there are multiple other factors that contribute to the crisis of the judicial system of the country, ranging from the low budget, which does not represent even 1% of the national budget, and another series of measures that occurred with the change of the 2009 Constitution.

One of them was the “suspension of the institutionalized judicial career,” which left judges in a provisional status, affecting their economic stability and independence, according to the former magistrate.

“The Bolivian justice system lacks the necessary independence to operate effectively and reliably in the fulfillment of its role, which is the rationalization of the exercise of political power, which is the protection and safeguard of the democratic regime,” Rivera noted.

Under this scenario, the plaintiffs agreed that the call to vote in December does not meet quality standards due to a “discredited system of electing magistrates through universal suffrage.”

Prevalence in this process, according to experts, is the high polarization “and lack of credibility of candidates”, as the last two elections have shown, where, they stressed, “they have prioritized political interests, favoring candidates with party connections” and this has contributed to the citizen rejection and low participation and a large part of null votes.

“All this while clientelistic practices and proselytism within the Judicial Branch perpetuate the proliferation of networks of corruption and institutional weakening,” Rivera said.

The plaintiffs have asked the IACHR to increase its observance and to open joint channels to depoliticize the country’s judicial system, reduce the repression of judges and prosecutors and restore credibility to the application of justice in the South American nation.

The ruling party accepts criticism but disengages

Bolivia’s ambassador to the Organization of American States (OAS), Héctor Arce, accepted the criticism, describing it as “understandable.” The diplomat participated in the hearing along with the Vice Minister of Justice and Fundamental Rights, Jessica Saravia, and the president of the Supreme Court of Justice, Marco Ernesto Jaimes.

Arce assured that Bolivia “faces significant challenges in the administration of the judicial system, the criticism and concerns about the postponement of judicial elections are absolutely legitimate and understandable.”

However, he separated President Luis Arce’s executive from many of the controversial decisions and delays in failures in the judicial system, since some, he said, have gone through the Constitutional Court and others through the Legislative Assembly.

He added that the MAS government inherited a judicial system that for decades “has been subject to politicization and corruption, making it difficult to consolidate full judicial independence.”

”The current crisis did not arise spontaneously,” said the ambassador, adding that the very implementation of the popular vote has had setbacks due to the opposition’s refusal to make it viable and that it has become “the main obstacle for the current electoral process.” ”, in his words.

He considered that it should be the Legislative Assembly of Bolivia that should have chosen the shortlists, following candidate quality standards and the “inter-American international parameters established for this type of processes.”

“On countless occasions, they have not correctly observed procedures. In others, it has listed the rights of the applicants,” he said, also criticizing the inclusion of shortlists based on affiliations, “moving away from meritocracy” and gender equality.

Elections delayed by power struggles

The process of electing judges and magistrates has been postponed twice, with the hope of being able to carry them out this December 15, when the internal social instability in the country is expected to have ended.

The IACHR rapporteurs have insisted on questioning the Arce government whether or not there are discussions to review the possibility of a constitutional modification that would help unblock Bolivia’s judicial crisis.

The plaintiffs said this Monday that Bolivians are “trapped” between two sides of the same majority party in conflict and doubt that there will be changes due to the lack of sufficient representation of the opposition in the Legislative Assembly of their country.

Bolivia is experiencing instability these days with blockades in large regions of the country by supporters of former President Morales and their violent confrontations with the authorities, such as the taking over military basesalso with an economic crisis that affects the people.

In recent days, Bolivian state forces have cleared roads taken by Morales supporters after weeks of blockade.

The former indigenous president has called for dialogue tables to address the “economic crisis and political issues with the participation of international organizations and friendly countries.”

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