Judges "on the brink" will review the observed votes
Even after their promise of complete transparency, many of the magistrates that precide the 5 Special Electoral Jurys in Lima (JEE)- which will decide the luck of 8,384 acts observed by the ONPE -, have been through disciplinary processes by The National Magistrates Council (CNM) due to unfunctional behaviour.
Lets see for example Felipe Sahua Jamachi, president of the JEE Lima´s Center, to whom the CNM opened a disciplinary process in 2008, because of solving in a contradictory way Indecopi s.a. and the general board of partners form the TV station 1160 s.a (Red Global s.a.), when he was still a regional supreme vocal from the Constitutional Rights Board.
Even after he was found guilty of the facts implied, Sahua wasnt derranged from magister by the council, he was even recommended by the law ministry to be minor sanctionated.
But Sahua isnt the only one on the brink here. A year earlier in 2007. The National Magistrates Council (CNM) opened a disciplinary sanction process to Hugo Molina Ordoñez, president of the JEE Lima south, for the act of not having pronunciated about a prescription exception deduced by the citizen Jose Manuel Reyes Apesteguia, on a process followed against himself for the felony of generic falseness.
On their resolution the CNM holds that the facts are not as bad as too bring a destitution, but - as they did with Sahua -, a minor sanction. We must also mention, that together with Molina, were included, amongst other magistrates, the supreme vocal Robinson Gonzales and today´s president of Limás Court Cesar Vega Vega
Idony in question
The worst came around when even after the CNM recommended minor sanctions, The States Justice Power play blind and even nowadays they havent been sanctioned, nor Molina or Sahua (even the less Gonzales or Vega Vega).
In an interview with our newspaper, an exmember from the CNM Anibal Torres, mentioned ther is an "Otorongo brotherhood" on the supremescourt, that do not follow the recommendation of the organism that sanctions magistrates and let the cases proceed.
Torres wondered why magistrates as Sahua or Molina have been summoned by the president of Limas Court to take to preside The Special Elections Jurys.
"With those backgrounds it wont be a surprise that they act by their own idony and him (Vega Vega) will have to be much more careful when picking buddies, or at least he should play pretender", he says.
But Sahua and Molina have more serious unanswered questions. As the Tv journalist mention on his show "the Francotirador"Jaime Bayly, Sahua - as the other 3 presidents of the JEE- have many strong links with APRA party (the presidents party), thats why they were taken apart from the Justice Power after the a few years ago 5th of aprils -now in jail - Albertos Fujimori´s autohit.
Bayly mantioned that Molina was part of the lobby that closed the case against the chilean Androniko Luksic, in the Luchetti case, and he ordered liberty for Agustin Mantilla, guilty of receiving money from Vladimiro Montesinos (also jailed), for his APRAS partys campaign.
In fact as a supreme court vocal on the Transitory penalty lobby, in 2004, Molina and Vega Vega worked together proclaiming 3 controversial resolutions: which declared unproceding 3 accusations done by the Anticorruption Procuradory, on the process followed against the members of the board of Luchettis enterprise (Luksic & Luis Pacheco) and the businness man Dionisio Romero.
Yesterday in a radio interview, Molina denied links with any political party and claim that he was elected and not chosen by the president of Limas court. " I was chosen by the executive counsel from the superior court, as the law says. In my case, first there was the Julio Pacheco ´s designation, but he left his position due to health problems" he added.
But not only Sahua and Molina are on the brink. The vocal Juan Pablo Quispe Alcala, president of the JEE west Lima, was acussed in 2006 of receiving money to vote for Fernando Zevallos (owner of the dead airline Aerocontinente).
JNE and ONPE changed the game rules.
A last minute strange change on the rules- involving equally the National Jury of Elections (JNE) and the National Office of Electoral Processes (ONPE)- decided the big quantity of act books observed (8 384 in total) putting in danger the election of the leader of Fuerza Social Susana Villaran as Limas chosen Major.
The 13th of september, the jury give resolution Nº 2319-2010-JNE modifying art. 3 of the active procedure rules to the observed act books for the regional, municipal (major) and Fonavis referedum election votes.
According to the ONPEs chief, Magdalena Chu, the record of observed acts is due to the modification made by the JNE 15 days before the municipalities elections.
Nevertheless, she didnt explain why her despatch only request this modification on the 13 of september, and in the same day, with suspicious synchronicity, the electoral body approved the request.
The modification that changed all the elections view happened on the office doc Nº 1248-2010-SG/ONPE, through the General secretary of the ONPE, with direct coordination of Magdalena Chu. The motivations of this new norm are a complete mystery. But a fact is that the questioned special election jurys (JEE) will resolve by themselves over 8 thousand 300 act books observed by the ONPE in Lima, meaning that they will resolve over the descision of over 1 million and a half citizens in Lima.
It just leaves us with bad taste...why so many votes have been frozen? why is this not happening on the regional districts? are we missin the real name of all this issue?
for la Primera
no al fraude