A total of 715 professionals submitted their documents over the course of 20 days during the candidate registration phase for judges of the Judicial Branch and its four bodies. On Friday, the review of requirements concluded, and the balance of approved and disqualified candidates is at its limit, with 47% qualified and 53% disqualified. The majority of professionals who were excluded are preparing for appeals, which will begin this Monday.
"I was reviewing the list of disqualified candidates, and unfortunately, those listed as qualified are judges and candidates from La Paz. It seems that more importance is given to males; I would even say there is a regional criterion because when looking at the list, there are more disqualifications in the eastern region and not so much in the west," stated Vivian Torrez Saavedra, one of the four female professionals who applied for the Plurinational Constitutional Court (PCC) from Santa Cruz, all of whom were disqualified.
The application process began on February 20, with the last day for submissions being March 10. The following day, the review of the files commenced, concluding on Friday. Now, the phase of appeals begins.
According to the data from the Citizen Oversight, Santa Cruz submitted 17 applicants, of which only two qualified; Beni submitted 12, and two qualified; Pando had 10 professionals apply, with four qualifying, all of them males. Conversely, 36 professionals applied from La Paz, mostly judges, and 8 women and 19 men were qualified, making it the region with the most representation.
Requirement
"To have a minimum of eight (8) years of experience in performing functions in public or private institutions, or in the freelance practice of the profession, related to Constitutional Law, Administrative Law, or Human Rights," states the specific fourth requirement, which was the main barrier for 44% of the candidates for the PCC.
Juan José Subieta Claros is another professional who was disqualified for not meeting this requirement. However, he remains undeterred, stating that he has not only 8 years but 19 years of experience in constitutional law. Like him, other professionals aiming for the Supreme Tribunal of Justice (STJ), the Agro-environmental Tribunal, or the Council of Magistrates will also fight to remain in the pre-selection process.
"They might tell me that I lack experience in corporate law, which I accept, but they cannot tell me that I lack experience in the constitutional area; that would be dishonest, and if they ultimately deny it to me, so be it. One has a clear conscience," said Subieta.
Freddy Durán Montero, a lawyer who applied for the PCC from Santa Cruz, had his application erroneously listed for the Supreme Tribunal of Justice (STJ), which was clarified during the session. However, he was also disqualified for failing to meet the fourth specific requirement. He stated that he has the weekend to decide whether he will appeal his disqualification.
Timelines
Disqualifications are a part of the process that determines the permanence or removal of a candidate because starting Monday, the period for disqualified candidates to appeal and potentially be reinstated begins. At the same time, a period for public or assembly-driven appeals against candidates they believe should not be in the process also begins.
"Any individual or collective person, including Assembly Members of the Chamber of Deputies and Senators, may challenge the applicants, with grounds and attaching suitable evidence, within the established period, which must be notified to the challenged applicant by electronic means (email or WhatsApp)," states article 29 of Law 1549, which regulates these judicial elections.
Candidates have five days to appeal their disqualification, and the respective commission has five days to resolve the observation from the receipt of the appeal. Simultaneously, the public can submit appeals against any of the 351 qualified candidates, whose names will be published on Saturday and Sunday. Those who are appealed against can also request a review of the appeal and present counterarguments, initiating another five-day period to resolve the case. Thus, a total of 20 calendar days will be consumed, leading up to April 7 when the evaluation period will begin.
The Figures
"I understand that my colleague and I are the ones who have met the requirements established by law, the minimum and specific requirements, which is why we are surely at this stage," said Douglas Sahagun Daza, one of the two candidates from Santa Cruz qualified for the PCC.
The PCC and the STJ have departmental representation, so professionals must register for the region they belong to. There are 18 magistrates for each body, 9 titular and 9 alternate. The Law stipulates that the Assembly must send a minimum of 36 candidates for each body, i.e., 72 candidates for the PCC and STJ.
Until 2017, female and indigenous-origin professionals' participation was always an issue. That year, the MAS modified the Law and established that if a region has a participation deficit, it can be supplemented with professionals from other regions.
"Exceptionally, in the absence of an indigenous-origin peasant representative, or if gender equity is not achieved, the candidate with the next best qualification, who is indigenous-origin peasant or a woman, as appropriate, will be enabled from the total number of candidates at the national level," states article 37 of Law 1549.
It was for this reason that parliamentarians did not even debate the possibility of expanding the registration of applications. Assembly Members hope that during this appeal period, the number of female and indigenous peasant participants will increase.
The Self-Extended
The current magistrates who self-extended their terms in office did not hesitate to reapply as candidates. Seven men and six women who are part of or have been part of the STJ, PCC, Agro-environmental Tribunal, or Council of Magistrates are running for other positions.
"From an ethical point of view, why would the application be contradictory? Because I have complied with everything, I have not been irresponsible or incapable; we are presenting ourselves in compliance with the law, the Law allows us to," said Olvis Eguez Oliva, a self-extended STJ member who was disqualified. He had applied to be a magistrate for the PCC but did not have the 8 years of experience in constitutional law required by the fourth specific requirement.
Edwin Aguayo Arando, Ponciano Ruiz Quispe, or Ángela Sánchez Panozo also faced the same fate; they were disqualified.
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