A ruling of the Plurinational Constitutional Tribunal (TCP), issued in 2021, but which became known recently, ordered to financially compensate Evo Morales, considering that he was improperly disqualified as a senatorial candidate for he 2020 elections and that his rights were affected.
The sentence, dated May 7, 2021, was revealed by attorney William Bascopé, who described the Court's decision as "rude", "absurd", "insulting" and a "legal aberration".
As background of this case, Evo Morales was registered as candidate for senator in 2020 by MAS, however, the Supreme Electoral Tribunal disqualified him for not complying with the residency requirement, since the former president was in Argentina. The decision of the TSE was ratified by the Second Constitutional Chamber of La Paz, in the framework of an Amparo.
The TCP, through its Fourth Specialized Chamber, in the Amparo review stage, decided to partially revoke the Resolution of the Second Constitutional Chamber and annul the resolution of the TSE, ordering the full reparation of the rights violated to Evo Morales.
In its resolution, the TCP ordered the "qualification of the damage and consequent economic compensation in favor of the citizen Juan Evo Morales Ayma, to be analyzed and ordered, respectively, by the Second Constitutional Chamber of the Departmental Court of Justice of La Paz".
The sentence states that the amount of the compensation must be defined according to the parameters of the judicial expenses, as well as the loss of profits, that is to say, what Evo Morales would have earned with his candidacy for senator, and the consequential damages.
Lawyer Bascopé declared himself surprised with the decision of the TCP, because in his experience the Constitutional Tribunal usually refuses to qualify the compensation in cases of "ordinary citizens". He considered that magistrates would be looking for a future political favor, cozying up to the powerful.
Bascopé said that now he realizes why the TCP does not want to touch sentence 084/2017, which enabled indefinite reelection, because there would be magistrates would be "playing political favors" to ingratiate themselves.
"This already stinks," lamented the jurist.
He indicated that he does not know if the Constitutional Chamber complied in qualifying the indemnity, because he just found out about the sentence of the TCP, however, he considered that this will have a political stir.
The sentence of the TCP is signed by magistrates Yván Espada and Gonzalo Hurtado. In this regard, Bascopé asked both judges to explain to the country why they granted the compensation in this case and not for other citizens.
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