State Attorney, how is it chosen and what are its functions? – Bolivia Verifies
State Attorney, how is it chosen and what are its functions?

Bolivia Verifies

We are an independent, non-profit, political-leaning digital media outlet that engages in fake news verification (fake news) and public discourse to fight disinformation and improve democratic participation.

electionsExplainer

State Attorney, how is it chosen and what are its functions?

Share it by:

In this note we tell you what the Law of the Attorney General of the State indicates

Attorney General of the State, Wilfredo Chavez. FOUNTAIN: Apg

Faced with the division of positions on whether or not there was electoral fraud in the year 2019, the Attorney General of the State, Wilfredo Chavez, told the public that he will review the minutes of the general elections of that administration in order to put an end to the discussion. In front of this announcement, several doubts arose regarding the powers that the figure of the procurator has.

How is the Attorney General elected??

Regarding the election of the Attorney General of the State, the article 11 of its regulations states that it is "appointed by the president or the president of the State by Presidential Decree, as established by the article 230 of the Political Constitution of the State" For how long? For six years, as established by the regulations.

The election of the prosecutor through the president generated debate among the ranks of the opposition and the ruling party.. The Deputy of Citizen Community, George Komadina suggested that "for the Attorney General's Office to be an impartial and efficient entity, it will be necessary to reform the Political Constitution, since the appointment of the prosecutor should not be in the hands of the President of the State, but should be appointed by 2/3 of the Legislative Assembly to ensure an impartial function".

On this point, the constitutional lawyer, Rafael Subieta said that Bolivia is experiencing a process of fragile institutions and easy interference, so at your discretion “it is appropriate that the appointment is not made directly by the President of the State, but undergo a merit-based selection process. The same it is required that the control and supervision be carried out by a body that has adequate composition between the ruling party and the opposition., to avoid the political use of the institution and the diversion of power“, Said.

meanwhile, the official deputy, Olivia Guachalla, qualified as the appointment of the procurator by the president of the State is appropriate, since the objective of that office is precisely to protect the State.. Guachalla noted that “if there is a need to modify the form of designation, social organizations should be listened to to see if it is really necessary”.

What are the functions of the procurator ?

the Law on the Attorney General's Office (2010), in your article 11 states that the procurator is the "legal representative of the State in the defense of rights", interests and heritage of Bolivia, within the framework of the powers conferred on it by the Political Constitution of the State and this Law (...) without the need for an express mandate in judicial proceedings, Extrajudicial, Conciliation, arbitral and administrative proceedings within the scope of its competence, all within the restrictions established by law".

likewise, said legislation in its article 18, Points 16 specific functions to be assumed by the procurator:

  1. Assume representation and legal technical responsibility in the actions Jurisdictional, conciliatory, Administrative o Arbitration, initiated and processed by the Bolivian State, within the scope of its competences, no mandate.
  2. Participate in the procedural actions that are necessary Y to subscribe to the State's defence briefs in the fields of its competence.
  3. Coordinate and, where appropriate, delegate the defense of the State with the Sub Attorneys General's Offices and Specialized Directorates-General.
  4. Coordinate con the different instances of the Executive Bodies, legislative, Judicial, Public Prosecutor's Office, Office of the Comptroller General of the State and Ministry of Justice, the policies necessary for the defence of the interests of the State.
  5. Require public servants and private persons, the information it deems necessary for the purposes of the financial year of their Powers, information What No may be Denied under no circumstances. In case of refusal to grant the information Required by part of Servants o Servers Public, the Attorney General of the State, Request the immediate beginning of one process administrative for the establishment of Responsibilities by the exercise of the civil service, without prejudice to relevant actions. Urge to the actions What Correspond of the units Legal Administrative.
  6. Exercise coordination, supervision, evaluation and control of the actions of defense of the State carried out by the legal units of the entire State administration.
  7. Request before the Public Ministry, the initiation of investigations or criminal proceedings, against public authorities and individuals Particular, for actions contrary to the interests of the State.
  8. To rule on the general guidelines to be followed the Lawyers of the State, in shelter of the interest national. the Opinions General Issued envelope this matter Be Binding for the Lawyers of the State, Who exceptionally Can Depart of the Same, low his liability and through legally founded observation.
  9. Formulate legal recommendations and reminders for all the public administration, in the interests of the State.
  10. Recommend to the Executive Body, by reasoned opinion, the signing of Treaties and Conventions international in the scope of its competences, as well as recommend its observation legal where applicable.
  11. Preside the directory of the School of Lawyers of the State. (Repealed the phrase "and the Council of State Attorneys" by disposal paragraph II of the Repeal Provision and Single Repeal of Law No. 768 of 15 from December to 2015).
  12. Address the well-founded demands of civil society, Generating Mechanisms of participation social in the Areas of his competence.
  13. Inform annually to the assembly Legislative Plurinational on the performance of its tasks and attributions.
  14. Present to the Ministry of Economy and Public Finance, the annual budget of the institution, for incorporation into the General State Budget.
  15. The Attorney General of the State may create, merge or delete Directorates-General as determined the Article 22 of this Law.
  16. And others determined by law.

As seen, in none of the articles is the task of reviewing electoral processes detailed in a textual way. About this, the constitutional lawyer, Rafael Subieta explained to Bolivia Verifica that “there are no constitutional powers, nor legal that empower the Attorney General or the institution he represents to carry out reviews of electoral records or to exercise investigative powers, audit or verification acts in electoral matters”.

Subieta clarified that the defense made by the prosecutor is with “relation to the State as a whole and not in relation to its rulers – past or present- or specific public servants” and explained that the investigative function of possible crimes corresponds to the Public Ministry, while aspects of an electoral nature correspond to the Plurinational Electoral Body.

For its part, the official deputy, Olivia Guachalla told Bolivia Verifica that she believes that the review of electoral processes does correspond to the task of the Attorney General since it responds to the defense of the State. “Within what is the defense of the State, it is up to it as a public authority to clarify facts of injustice and irregularities in the country”, said the parliamentarian.

about that, the deputy of Citizen Community, George Komadina, pointed out that in his opinion such a task escapes the functions assigned to it by the Political Constitution of the State.. "In relation to Wilfredo's performance there are two observations: first, it has totally distorted its function of legal representation to the interests of the State., invading competences and attributions that do not correspond to it as those that have to do with the electoral field, that the Supreme Electoral Tribunal sees it and in second place, the current prosecutor is a militant and political operator of the Government", affirmed the authority.

 

If you want to know more about the structure within the Attorney General's Office or about the legal framework on which its work is carried out, you can check the official portal by clicking here.

Have you already downloaded the new app from Bolivia Verifica? Do not miss any of our publications and have quality information.

Download on IOS 📱—> https://apps.apple.com/bo/app/bolivia-verifica/id1542454083?l = in

Download on Google Play -> https://play.google.com/store/apps/details?id=com.bolivia.verifica