Electoral prosecutor fights loss of immunity

THE ELECTORAL prosecutor Eduardo Penaloza, 8 filed a motion on Wednesday, January 8, for reconsideration of the lifting of his immunity from criminal courts adopted by the judges of the Electoral Tribunal (TE).

The judges agreed this week to lift Penaloza’s immunity at the request of the Attorney General’s Office. The prosecutor faces a complaint filed by the National Lawyers Association for alleged breach of duties.
Penaloza based his application on the grounds that the complaint filed against him is “devoid of conclusive evidence.”
He said he is of the opinion that there must be evidence to proceed to decree lifting and “in this casethese conditions are not evident, however, the political motive, partisan interests, unions and anyone who has been the personal or main reason for the complainant should not be used as criteria for applying criminal law and prosecuting a citizen …. “
He added that the Constitution provides that the judges of the Electoral Tribunal and the Electoral Prosecutor are “responsible” to the Supreme Court. That is, he said, he should be investigated and prosecuted by the judges of the Court.
Penaloza who was a Democratic Change (CD) activist until his appointment by Ricardo Martinellie has been strongly criticized for his performances in the Electoral Office. His term ends in 2018.