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Conflict of competencies and Article 117 [COLUMNA]

TK received a request from Congress | Font: Photo: Andes

As with many aspects of life, virtue usually strikes a balance between two extremes. At the very least, this is the principle of moderation and the rejection of Manichaeism, a doctrine that postulates that under any circumstances there is a struggle between absolute good and absolute evil. In our current political environment, the biggest challenge is finding a fair balance between granting immunity to the president and effectively fighting corruption.

These two principles exist in our legal framework but require an updated interpretation of Article 117 of our constitution. Voters wanted the president not to be distracted by complaints from opponents and decided to postpone court cases he might face until the end of his term. But the intention was never to prevent the president from committing any crime without being held accountable.

The prosecutor’s office asked Congress to investigate the president for serious allegations of corruption, backed up by testimony from effective employees and numerous pieces of evidence. Congress turned to the Constitutional Court to determine the interpretation of Article 117, including in its meaning the UN Convention against Corruption. Constitutionalists disagree, but TC magistrates can contribute to finding a solution to the political crisis we are in.

The TC is not an advisory body, but a decision on conflict of powers between Congress and the judiciary is pending. If it is let out, as the former chairmen of the TC ask, it can save us from paralysis and deadlocks. Violation of governance is, no doubt, serious, but even more serious is the consolidation of the impunity of rulers.

Things as they are

Source: RPP

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