On Friday, the Council of the Magistracy (CM) finalized the Supreme Court minister selection process by confirming Víctor Ríos in the shortlist, along with Gustavo Ocampos and Alma Méndez de Buongermini. A liberal senator, a colorado judge and a magistrate without political affiliation (which is not a synonym of independence). Now the shortlist goes to the Senate, which will choose one of them. The process ends with the Executive Branch’s agreement or rejection.
The selection process had suspicions and disqualifications, especially in the scoring stage of the candidates. The different phases or exams are still not convincing, because, despite the supposed objectivity, by looking at the scores given by the counselors to each applicant, you can tell the difference between one and the other. The third stage ended with the “comprehensive qualitative evaluation”, the most subjective one of all and, therefore, the perfect trap to remove a candidate or to empower the one with political consensus.
The judges Méndez and Ocampos obtained 7 out of 8 votes, while Ríos, 6. The Court minister, Eugenio Jiménez, and the president of the Council and representative of the lawyers, Óscar Paciello, did not vote for the liberal senator.
NEGOTIATIONS. The Liberal break-up and the Colorado dispute tainted the negotiations in the Senate and generated tension in the previous days. Senator Pedro Santacruz (PDP), member of the CM, denounced pressures from “economic sectors, law firms and brotherhoods (Freemasonry) in the conformation of the shortlist”.
The vacancy generated by the death of Minister Gladys Bareiro (PLRA) supposes, in the framework of an unwritten pact but in force since the Wasmosy/Laíno agreement, that it would be filled again by a liberal representative. For this reason, there is a quasi-certain speculation that Ríos has a better chance since he has the support of the majority in the Senate, as could be seen in the vote of the counselors. It is worth mentioning that he had a high political consensus: from the abdismo, through the representative of the Executive Branch, Mónica Seifart; from the cartismo, through the lawyer Jorge Bogarín; from the Legislative Branch, through its representatives, deputy Roberto González (ruling party) and senator Pedro Santacruz (PDP). The representatives of the universities: Raúl Torres Kirmser (UNA) and César Ruffinelli (UC) also voted for him.
LIBERAL BID. Although the candidacy of Ríos started with political strength, as the days went by it was weakened because the liberal chamber member Víctor Fretes crossed his path, supported by Blas Llano, who sought the support of Horacio Cartes. Although the leader of Honor Colorado initially sympathized with Esteban Kriskovich (candidate of the Catholic Church), he promised to support the candidate of his liberal ally.
But the turn towards Víctor Ríos took place between Wednesday and Thursday, when the ruling wing colorados defended his candidacy and convinced the President of the Republic. In this phase, senator Cachito Salomón played an important role, considering his presidency had the support of the legislators. His intermediation was key for the colorado radical turn. It is said that there are conditions to approve the projects of the Executive in the Senate and even an alleged swap in the TSJE, where there will be two vacancies next year. If this were true, it would be a catastrophe for the opposition. So far, the Electoral Justice, in spite of its administrative disorder, maintains credibility in its electoral management thanks to the perfect political balance: a Colorado, a Liberal and an Independent. Another minor issue is the Ombudsman’s Office, where apparently the inept Miguel Godoy would be reelected.
WHAT IS AT STAKE. The political dispute for the integration of the Court is normal in the game of power. The importance of the election is not so much in terms of political affiliation but in terms of which side the elected candidate will play when he/she becomes a member of the highest judicial instance.
Out of the 8 current members, the Court is divided between two visions: the innovative, who, although they had the support of political parties to reach the top, act with greater independence. They are the so-called ministers who flight on their own: Martínez Simón, Carolina Llanes, Eugenio Jiménez and Manuel Ramírez. The latter cut all ties with the PLRA.
The other half is coincidentally integrated by the ministers with more seniority: Antonio Fretes (the real boss), César Garay and Luis María Benítez Riera. They were joined by César Diesel, recently appointed. This group is more functional to political interests.
That is why the election of the ninth minister of the Court is so important. He is the one who will break the majority and tip the balance to one of the sides.
This election once again makes people doubt about the Council of the Magistracy’s independence, which again acted in accordance to parties interests. Given its role in the chain of selection of positions for the Judiciary, it should be the watchdog of the independence of Justice. So much so that when they make the shortlists, they should force the Senate and the Executive to choose the best among the best.
The political quota system is an exhausted model, but, despite citizen rejection, it persists because the ruling class is disconnected from society and only looks at its navel and its short-term interests.
They commit injustice by their own hands.
