Manuel Malaver: Mature as a criminal of global justice

Manuel Malaver: Mature as a criminal of global justice

He became a dictator “wanted” by the courts and tribunals of most of more than one hundred democratic countries that are governed by the rule of law and the international legal order Manuel Malaver Next Monday, April 9, the legitimate TSJ that has been meeting for a week in Bogota, could declare the president, Nicolás Maduro, guilty of “corruption” and issue a “capture order” against him. Unprecedented decision in the history of international politics and justice and, independently, that Maduro is exposed to be effective in countries that recognize its legality, it is a milestone in the global trend, -each consensus more consensual- , that, the principle of sovereignty can not be a pretext for the rulers to do with their governed what they please. But also at the national level the consequences are unsuspected, and can lead to memorable results, since the dictator is stripped of all the protection provided by his investiture and, therefore, any legal authority can be activated to enforce the law and without incurring in violence not established in the Constitution. It is good to clarify that the legitimate TSJ that is sitting in Bogotá bases its legality on the appointment made to it, according to the Law, the current National Assembly elected by a total of almost eight million voters on December 6, 2015 that gave it the majority absolute in the Legislative Power and is, together with the Attorney General of the Republic, the other Public Power that, by mandate of the Constitution, can be constituted and act on behalf of the Republic. Faced with the power of the usurpers, headed by the Executive Power presided by Maduro, which has become a parallel government and in rebellion outside the law and, consequently, object, both as inside and outside the country, of any judicial measure to end the usurpation. It must, therefore, be established, that it is not about the performance of a government in exile, -although the magistrates and the Attorney General, Luisa Ortega Díaz, act from abroad as a result of the persecution they have been subjected to. part of the dictatorship-, but of organs of the Public Power that operate by delegation of the AN established in the country, and whose president, Omar Barboza, is, de facto, the First National Magistrate. In other words, they begin to dissolve-or have already dissolved-the times when dictators of all stripes (right, left, open or disguised) sharpened all forms of despotism, corruption and criminality, while they remained unpunished by the control of national legal institutions and strutting around the world, touched only by the moans of their victims and the protests of a few courageous NGOs. And the reasons that argued for such monstrous use was criticized but tolerated by civility, was that the allegations against it expressed only the pugnacity of the parties or sectors affected by policies contrary to their interests and how there were neither courts nor judges that, judicially, they pronounced and denied the dictator, it was, consequently, innocent. Aberration that blessed and celebrated the so-called “real politik” that, in this way, enforced the principle that governments “have no friends but interests” and it was common to see democratic presidents hugging dictators and signing agreements that, dessert, they were hanging and knife against parties, opposition leaders and peoples who were victims of the absurdity that, their allies, contributed to the tragedy of their countries. I think that the transfer of the legitimate TSJ from Washington to Bogotá to hear the complaint of the Attorney General, Luisa Ortega Díaz, against Maduro, who accused him, evidence in hand, of receiving bribes from Odebrecht, the summons of the accused and have been named “public defender” for not having submitted to the Antecedent of Merit, as well as the sentence against him and immediate “arrest warrant” that will be known on Monday, speak of an irreproachable trial and whose results, can hardly be ignored and disobeyed by democratic and legitimate governments interested in the global society evolving towards ways and uses that close escapes to illegality and unconstitutionality. In the Venezuelan case, underlining that it is not necessary that persecuted democratic parties, harassed and harassed by a dictatorship must go through the cumbersome, complex and almost always useless procedure of constituting a government in exile, but that of transferring the institutions legitimate that represent the constitutional order abroad if the dictatorship does not offer guarantees to operate, and get facilities for them to work, recognize their decisions and abide by them so that the usurpers can be surrounded and, eventually, imprisoned and dismissed. Measures that, for any reason, can be associated with a coup d’etat, because, first of all, they do not resort to a solution of force, be it a coup d’état or a popular insurrection, and secondly, guarantees are offered to the dictator accused to defend himself and, if convincing in his pleadings, he is acquitted. So, Maduro can not allege in case the TSJ finds him guilty and orders him to arrest, that “his rights were unknown” and he was denied due process, that he was not given the opportunity to defend himself, nor was he appointed as an advocate for refusing to appear at the trial, nor were all the requirements met so that the decisions against him can not be challenged. Decisions all that, if not followed by Maduro, tell us about a dictator “wanted” by the courts and tribunals of a majority of more than 100 democratic countries that are governed by the rule of law and the current international legal order that , establishes that no citizen can behave above the law, nor have the prerogative of an immunity that, in fact, goes back to an anachronism such as monarchical absolutism, which was against which burst the current republican democratic structure in force in the 95 percent of the countries represented in the UN. And that was what led to the ideological, political and economic totalitarianism that lasted until the fall of the Berlin Wall and the collapse of communism, leaving us as in a wax museum, pieces like the dynasty in the Castro brothers in Cuba and the family Sung in North Korea. That is where the last attempt to survive of socialism comes from, the “Socialism of the 21st Century”, an invention of the Sao Paulo Forum that, in the mid-90s, the Castro controlled, the Brazilian Lula da Silva and the Venezuelan, Hugo Chávez and whose most sinister results have been the destruction of Venezuela and what was left of Cuba. Twenty years they met a kind of remake of the Soviet era that created a system with Venezuela and Cuba as the center and Nicaragua, Ecuador and Bolivia as a satellite, but to which less radical versions such as the Brazil of Lula Da Silva and Dilma Rousseff , the Argentina of the husbands Kirchner, the Uruguay of Tabaré Vásquez and José Mujica and the Paraguay of Fernando Lugo, and of which only debris remains, massive violations of human rights and almost 15 years lost in trials that had already failed during the century XX and it did not have to be different in the XXI. We do not hesitate to affirm, in any case, that it will be the last chance of a utopia that has provided incalculable damages to the mental and physical health of the planet, to the natural search of the human species for more justice, equality and well-being but that, never They have been viable when they settle in resentments, hatred and revenge and not in a necessary evolutionary adjustment that can be accelerated but never violated. On Wednesday, the Brazilian Supreme Court of Justice sentenced Lula Da Silva to pay jail for corruption, on Monday the same thing will happen with Maduro, Daniel Ortega of Nicaragua and Evo Morales of Bolivia will follow the list and will be in a matter of months, at the most a year, when the deceased Hugo Chávez and Fidel Castro learn that the Marxist utopia failed again and now if once and for all.

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