With this, the appeal process to the sentence that suspended for three years the rights of political participation of the former mayor of Quito continues.
For not meeting one of the seven requirements that the recusal requests must contain, on January 6, 2022, the Plenary of the Contentious Electoral Tribunal (TCE) decided to reject and archive the request made by the former mayor of Quito, Jorge Yunda, against of five judges of the organism.
Yunda filed the appeal, on October 27, 2021, against judges Patricia Guaicha, Arturo Cabrera, Fernando Muñoz, Joaquín Viteri, and Guillermo Ortega, who are following the appeal complaint – which Yunda and others raised – to the sentence handed down by Judge Ángel Torres, on October 4, through which the former mayor of Quito lost the rights to political participation for three years and is obliged to pay a fine of $ 20,000.
The challenge was presented by Magistrate Roosevelt Cedeño, substitute judge of the TCE, who determined that the document of the request for challenge did not include the signature of the former mayor, but only that of his lawyer Guillermo González. “Therefore, being a substantial solemnity, his intervention lacks legitimacy, which is why the proposal of the present procedural incident must be rejected,” says the resolution.
Article 60 of the Rules of Procedure of the Contentious Electoral Tribunal establishes that one of the requirements that the petition must contain is the signature and signature of the appearing party or, if applicable, his fingerprint.
In this way, the Plenary will return the file of the appeal to the judge in charge, Patricia Guaicha, so that she can continue with the substantiation of the main cause.
Yunda’s political rights were suspended for failing to comply with the TCE ruling, issued on July 8, 2021, for which he lost his capacity as mayor.
In the ruling of October 4, in addition, the judges of the Provincial Court of Justice of Pichincha, Raúl Isaías Mariño Hernández and Cenia Solanda Vera Cevallos, were dismissed. And the judge of Violence against Children and the Family, María Belén Domínguez Salazar, was sanctioned with the payment of a fine of $ 10,000. The three also appealed this sentence. (I)
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