This week the Guatemalan Constitutional Court, with new membership as of mid year, actually overruled itself.
The Court has now held that it was wrong to allow former President Efrain Rios Montt to run for the country’s presidency in 2003. As a person who came to power in 1982 by means of a military coup he should have been banned from running, as the Constitution is very specific about that. Somehow, the Constitutional Court in 2003 found reason to state that he was eligible. And he ran, and had the full status of an upstanding presidential candidate, even though he had demonstrated his disdain for democratic process (along with breaching the most basic human rights of the thousands of indigenous and poor ladino Guatemalans who were persecuted, tortured and died in the genocide under his regime in the early 1980s).
So, he didn’t win anyway - what’s the big deal? The deal is that (a) he can’t run again next year (though he probably wasn’t going to, as he’s getting a bit long in the tooth) and (b) the case is no longer a precedent that would allow others in a similar position to run for the Presidency.
Most importantly, it’s a win for an independent judiciary and for constitutionalism. After all, a democracy is built from its own history.
Go the CC!!
Mariposa Pesada
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Señor Rios Montt graciously advised the press in January 2007 that he had decided he would not be a Presidential candidate in this year's elections. No mention was made of the Court ruling - by him or the press - as if everyone believes he is still powerful enough to rise above a minor obstacle like that, should he so wish.
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