Sandra Torres, secretary general and former presidential candidate of the Unidad Nacional de la Esperanza (UNE), at a press conference, announced this Thursday, December 23, that by resolution of the Constitutional Court (CC) she no longer has prosecution for the crime of financing electoral not registered.
On December 20, the Constitutional plenary session came to know and favorably resolved an incident raised by Torres’ defense, who claimed that his criminal process was unconstitutional.
At the time, the Higher Risk Court group “A” linked the also former first lady to trial for the crime of unregistered electoral financing and illicit association, which cost her several months in prison.
His defense argument was that the events for which Torres was accused occurred in the 2015 political campaign, while the crime he was accused of was only created in 2018 by the Congress of the Republic.
It is about article 407 “O” of the Penal Code, which was modified by a good part of the deputies, including at the time the UNE bench that was under the direction of deputy Orlando Blanco.
For this reason, the plenary session of the CC unanimously decided to declare the appeal in favor of Torres and ordered that the crime listed as 407 “O” is “inapplicable” in the criminal proceeding against him.
At the moment Torres would still have to define his legal destiny for the second crime for which he faces the highest risk criminal process, being the charge of illicit association.
During a press conference called at the headquarters of the political party UNE, Torres pointed out that the constitutional magistrates agreed with his defense thesis, which observed a series of violations of his rights.
“With this it is clear that this ruling closes the case against me, demonstrates my innocence of the political persecution that I have suffered for more than two years and four months. I want to be clear and forceful that this ruling issued by the High Court is eminent that Article 15 of the Constitution was violated, that a law cannot be retroactive; The principle of legality and various rights such as the presumption of innocence and due process were also violated, ”he argued.
The uneista politician also affirmed that during her legal process she always had faith in God and his closest people, “I defended myself from the hand of God, with the support of my family and with the law in hand, always standing up and submitting to the justice that today gives me the reason and my innocence is proven ”.
After this resolution Torres considers that it is more than clear how there was a persecution against him, “an unprecedented political persecution was carried out on me, trying to harm my political career. Today the case will be dismissed in my favor, ending the criminal case that the MP started against me at the time ”.
Another of the issues that stood out the most were the political prohibitions he received in the justice system, which caused him to lose the leadership of the party and remain in the hands of deputy Óscar Argueta.
“We cannot allow the judicial folder to substitute the ballot box to remove adversaries who are uncomfortable from the political arena, I am uncomfortable for some adversaries and they have wanted to remove me from the political game (…) they even put political restrictions on me so that I did not I could work politically, a straitjacket for two years that was totally unfair, ”Torres highlighted.
What magistrates supported Torres?
Despite all the legal setbacks he faced in his process, politics ensures that he trusts the justice system and even thanked those who have supported him, including those who did him justice.
“This is a final ruling of the High Court, and I want to demonstrate once again my confidence in the justice system, to those who did me justice, so I want to acknowledge that and I thank the people who have been supporting me. always “, he pointed out.
The incident was resolved in a favorable manner by the five magistrates who made up the Plenary, three holders and two alternates being the following:
- Roberto Molina Barreto; head appointed by the Supreme Court of Justice (CSJ).
- Nester Vasquez; head elected by the College of Lawyers and Notaries of Guatemala (Cang).
- Leyla Lemus; incumbent appointed by the President in the Council of Ministers.
- Luis Alfonso Rosales; substitute appointed by the Plenary of Congress.
- Rony Eulalio López; substitute elected by the Higher University Council (CSU).