The Fifth Chamber of the State Council dismissed the accusation of numerous lawsuits to annul the election of Senators. Historical Pact for the period 2022-2026 and exclude them from official results published by the National Electoral Council.
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“The election document is not contrary to Article 262 of the Political Constitution and has not been issued illegally, Due to the application of the percentage of votes taken into account for the Colombian Humana party within the Pacto Histórico coalition, which records the candidate lists at the pre-election stage,” says the decision, first reported by EL TIEMPO.
Two lawsuits, one filed by José Manuel Abuchaibe and the other by Richante Méndez Guzmán, had similar arguments over Colombian Humana’s involvement as one of the members of the Historical Pact coalition, of which the Alianza movement was also a part. Democrática Amplia, Communist Party of Colombia; Alternative Democratic Pole, Humana Patriotic Union of Colombia – UP party and Indigenous Alternative Movement – MAIS.
OROne objection said that because the 2018 Senate vote had more than 15.2 million votes, the Historical Pact had to approve 15 percent of that number to save the list for 2022.a, but since Colombia Humana obtained its legal status through a Constitutional Court decision, the 2018 Presidential vote (8 million votes by Gustavo Petro) should have been counted, which would have been over 15 percent.
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The other found that the zero (0) vote for the Colombian Humana movement in the 2018 congressional elections was irregular, as it actually was, because it did not participate in that election. Plaintiffs say this is illegal and that the list of the Historic Pact coalition does not have the legal requirements to exceed the maximum percentage set by law.
In a presentation by Luis Alberto Álvarez Parra, the State Council said that the situation of the Colombian Humana political movement is different because its legal status derives from a judicial decision and that it is the law that allows listing coalition members to register. public institutions must have 15 percent of the valid votes of the relevant constituency, there will be a legal loophole as it is not explicitly stated which elections are referred to.
And so the Chamber said that it was the previous election of the same nature that should be taken into account, namely the 2018 Senate election. Humana of Colombia did not take part in these elections, as it really was, zero votes should have counted as a member of the Historical Pact and therefore, The 15 percent requirement was not exceeded and the election was legal.
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“Therefore, it was the results of the Republic Senate election held on March 11, 2018, that should have been registered at the time of registration of the candidate list, as requested by the defendant, on the same E-6 SN form,” says the decision. This shape.
“Now, in the case of Colombia Humana, it is worth noting that this data is zero (0) given that it did not participate in the 2018 congressional elections. On the other hand, the Communist Party of Colombia and the Movimiento communities Broad Democratic Alliance – ADA also did not participate in these parliamentary elections, so the Parliament Pursuant to the constitutional provision that drew the attention of (…)The vote recorded by both communities as a member of the Historical Covenant with zero (0) votes cannot be other, as recorded in the E-6 SEN form record.“.
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This was enough to dismiss the charges brought in cases that also accused the electoral organization of failing to verify voting information.
“Contrary to these hypotheses, in the specific case, the E-6 CT registration form has been confirmed to include the votes of the parties forming the Historical Covenant coalition in the Republican Senate elections of 11 March 2018. The decision coincides with the “relevant constituency” of the 13 March 2022 elections, as stated earlier. says it fits.
The sentence, which includes the clarification of Judge Rocío Araújo’s vote, shows that it has been determined that the Communist Party of Colombia or the Broad Democratic Alliance Movement lacks legal status and is therefore unlikely to join or nominate a coalition. Senate 2022-2026 candidates as outlined in the cases.
The decision then retains the choice María José Pizarro, Alexander López Maya, Aida Avella Esquivel, Martha Isabel Peralta, Iván Cepeda CastroPiedad Córdoba Ruiz, Pedro Flórez Porras, Isabel Cristina Zuleta, Alex Flórez Hernández, Clara López Obregón, Robert Daza, Yuly Hernández Silva, Wilson Arias Castillo, Gloria Inés Flórez, Cesar Pachon, Sandra Jaimes Cruz, Paulino Riascos and Jael Quiroga Carrill.anyone.
The resolution also covers Gustavo Bolivar, who is no longer in Congress due to his resignation, and Roy Barreras, whose specific case was dismissed based on these arguments only because of another circumstance: having been subjected to double militancy.
justicia@eltiempo.com
@AlejaBonilla
Source: Exame
