Tuesday, July 25, 2006
Presencia de los paisanos de California frente al TRIFE
Les publicamos este articulo donde la prensa internacional habla de las elecciones, los posibles escenarios, la posición de los jueces además de asuntos legales de importante copnsideracion. Pero además da testimonio de la presencia de paisanos comprometidos y de la lucha de voto por voto que es ya un clamor internacional.
Armando Bolaños viajo desde el Valle de Coachella en California, donde trabaja como activista de trabajadores agrícolas, y se unió a sus compatriotas enfrente del TRIFE el pasado Miercoles para pedir voto por voto.
Armando Bolaños dice “Esto no es acerca de un partido político.Esto es por la Democracia. En una democracia, si haces un error, vuelves a contar,”dijo. “Primero Dios, espero que esas siete personas, en este momento tan critico, hagan lo que sea mejor para México y lo que sea mejor para la democracia”
Copyright 2006 Copley News Service
All Rights Reserved
Copley News Service
July 21, 2006 Friday 11:26 PM EST
SECTION: ILLINOIS WIRE
LENGTH: 1488 words
HEADLINE: Mexican courtroom quiet, but nation is clamoring
BYLINE: S. Lynne Walker
DATELINE: MEXICO CITY
BODY:
The solemn courtroom where six men and one woman will gather to rule on the
Mexican presidential election is quiet now.
But outside the imposing Federal Electoral Tribunal, the nation is clamoring
for the verdict the judges must soon deliver on Mexico's young democracy.
The legal issue facing the tribunal known as the TRIFE is straightforward:
Were there enough irregularities and instances of fraud to warrant a recount of
all 41 million votes in the July 2 election?
Reaching a decision on that crucial question is certain to be difficult for
the 10-year-old tribunal, which frequently splits 4-3 on key rulings, Mexico's
top legal experts said.
There is no legal precedent to guide the justices. Their ruling cannot be
appealed. And their decision, which must be made in 41 days, will change their
country's history.
As the TRIFE wrestles with its decision, political unrest - fueled by a
volatile mix of lack of information and distrust - is growing.
Leftist Andres Manuel Lopez Obrador is drawing hundreds of thousands of
supporters into the streets to protest the vote count that gave conservative
opponent Felipe Calderon the victory by a margin of just 243,000 votes.
Mexicans have lost confidence in the Federal Electoral Institute, or IFE,
which counted the vote. They have also lost confidence in President Vicente Fox,
who was ordered by the TRIFE to stop running TV spots that tacitly supported
Calderon.
"At a time when this country needs a neutral arbitrator, the only arbitrator
we have is the TRIFE," said political analyst Jose Antonio Crespo.
TRIFE OPEN TO CONCERNS
Operating from a sprawling complex in south Mexico City, the TRIFE has
remained open to the public's concerns.
When a group from Mexico state shouted outside the row of massive metal poles
that protect the building, the tribunal invited several of the protestors inside
to discuss the legal issues.
The TRIFE also set up portable toilets for the four hunger strikers who have
camped in front of the building for the past two weeks.
On Wednesday (July 19), a group of Mexicans immigrants from California stood
at the TRIFE's gate chanting their protests. One of the justices came down from
his office high above the busy street and stood unnoticed on the other side of
the metal poles to listen.
The TRIFE has settled more than 21,000 electoral disputes, ruling twice to
annul hard-fought governor's elections. But this is the last, and undeniably the
most important, decision for six of the judges whose terms will end on Oct 31.
Only Judge Jose Luna, who was appointed to the tribunal in early 2005 after one
of the original judges died, will remain.
The TRIFE has three clear options, according to two leading legal experts.
The justices can refuse to order a recount and risk triggering the outrage of
millions of Mexicans who believe the electoral system has been rigged by those
who are in power.
They can order a partial or complete recount, an arduous and time-consuming
process that would have to be meticulously monitored to avoid new allegations of
fraud.
Or they can take the most extreme measure and annul the election, forcing the
newly elected congress to name an interim president who would serve for at least
a year until a new election could be held.
"We thought that the year 2000 was the most important test of Mexican
democracy," said political analyst Lorenzo Meyer. "We were wrong. This is the
moment."
ELECTORAL LAW THE FOCUS
The legal debate focuses on how to interpret Mexico's electoral law, which
does not include provisions for a recount in a presidential election.
Calderon's National Action Party argues that the votes have already been
counted once - on election night - and that a recount or annulment would run
counter to the law.
Lopez Obrador and his Democratic Revolution Party argue that while the law
does not explicitly allow a recount, it does not prohibit one.
Jurists who follow a strict interpretation of the law say that since a
recount was not included in the law, the tribunal must reject Lopez Obrador's
request.
But other jurists say the constitution supersedes electoral law and paves the
way for a review of every ballot.
"The electoral law is a secondary law in Mexico. The supreme law is the
constitution," said Raul Carranca y Rivas, a renowned constitutional scholar on
the law faculty at the National Autonomous University of Mexico, or UNAM. "The
constitution says that in all cases, the principles of certainty, legality,
independence, impartiality and objectivity must apply."
The judges' voting record suggests the tribunal is likely to be divided on
the recount question, said John Ackerman, a professor at the UNAM's Institute
for Legal Research who wrote a book scheduled for publication next year on
Mexican elections.
"Some of the ministers have a history of taking the constitution in their
hands and using that as a principal document. Others are centered more on the
letter of the law," he said. "If you take an extremely strict interpretation of
the law, you can come to the conclusion that a full recount would not be
possible. But the tribunal has a long history of not taking such an approach."
Chief Justice Castillo and Judge Mauro Reyes are known for "applying the
constitution above and beyond what the letter of the law says," Ackerman said.
They led the panel in voting to annul the 2000 governor's election in Lopez
Obrador's home state of Tabasco, which was rife with fraud, reports of bribes
paid to voters, and dirty tricks like the intercepting of mailed campaign
literature.
Judge Alfonsina Berta Navarro and Judge Eloy Fuentes "have historically taken
a more strict interpretive line," said Ackerman.
Judge Jesus Orozco and Judge Fernando Ojesto "could theoretically make up the
majority" in voting for a recount, Ackerman said, because they tend to join
Castillo and Reyes in votes that favor a more open interpretation of the law.
Luna, the newest member of the tribunal, does not have a clear voting record
and could be the swing vote, Ackerman said.
"The two extremes would be on one hand the throwing out of the election and
calling for a new election. That would lead to a major constitutional and
political crisis in Mexico," said Ackerman. "On the other hand, rubber stamping
the vote count done by the IFE would be equally as explosive."
Given those daunting possibilities, many believe the recount demanded by
Lopez Obrador is the most reasonable solution. Lopez Obrador has challenged the
count in 55,000 of the 130,000 polling places and, based on that challenge,
wants a full recount.
Although Lopez Obrador promised this week to respect the results if his
request is granted, many political analysts believe he will be satisfied only if
he is declared the winner.
"Lopez Obrador and his militants believe the system is rotten to the core. In
their minds, there's always going to be something wrong with the recount," said
George Grayson, a Mexico scholar at the College and William and Mary who
recently published a book on Lopez Obrador. "So one recount will lead to claims
of fraud here, or irregularities there. It's kind of a Groundhog's Day, where
you keep going over it and over it."
No one disputes the fact that hundreds of errors were made during the vote
count on July 2. In the state of Puebla, for example, 221 ballot boxes were
opened and every one contained errors in the number of votes counted.
The magnitude of the tribunal's decision is underscored by the limited amount
of time the judges have to make their ruling. They must declare which candidate
is Mexico's next president by Sept. 6. The period for ruling on all of the legal
complaints ends even earlier - on Aug. 31.
"They are subject to a brutal amount of pressure," said Carranca y Rivas.
"Everyone is hoping that despite the pressure, they will rise to the challenge
and do what is best for the destiny of Mexico."
WAITING FOR A DECISION
Mexicans are placing their faith in the TRIFE's ability to resist that
pressure.
From the capital to the countryside, people are holding back their anger,
their impatience, their frustration, as they wait for the tribunal's decision.
"We hope the TRIFE will follow the law," said Horacio Gaspar, an attorney in
the capital of Puebla. "If they don't? Well, it will cause a crisis that is not
just economic but social and political."
Rosario Cordero carefully laid red and white carnations - symbols of peace,
she said - at the TRIFE's main gate during a rally Wednesday.
"I hope the TRIFE will be impartial," Cordero said.
Armando Bolanos traveled from California's Coachella Valley, where he works
as an activist for farm worker housing, to join fellow Mexicans gathered at the
TRIFE Wednesday in pressing for recount.
"This is not about a political party. This is about democracy. In a
democracy, if you make a mistake, you recount," he said. "I hope to God that
those seven people, at this critical moment, will do what is good for Mexico and
what is good for democracy."
Armando Bolaños viajo desde el Valle de Coachella en California, donde trabaja como activista de trabajadores agrícolas, y se unió a sus compatriotas enfrente del TRIFE el pasado Miercoles para pedir voto por voto.
Armando Bolaños dice “Esto no es acerca de un partido político.Esto es por la Democracia. En una democracia, si haces un error, vuelves a contar,”dijo. “Primero Dios, espero que esas siete personas, en este momento tan critico, hagan lo que sea mejor para México y lo que sea mejor para la democracia”
Copyright 2006 Copley News Service
All Rights Reserved
Copley News Service
July 21, 2006 Friday 11:26 PM EST
SECTION: ILLINOIS WIRE
LENGTH: 1488 words
HEADLINE: Mexican courtroom quiet, but nation is clamoring
BYLINE: S. Lynne Walker
DATELINE: MEXICO CITY
BODY:
The solemn courtroom where six men and one woman will gather to rule on the
Mexican presidential election is quiet now.
But outside the imposing Federal Electoral Tribunal, the nation is clamoring
for the verdict the judges must soon deliver on Mexico's young democracy.
The legal issue facing the tribunal known as the TRIFE is straightforward:
Were there enough irregularities and instances of fraud to warrant a recount of
all 41 million votes in the July 2 election?
Reaching a decision on that crucial question is certain to be difficult for
the 10-year-old tribunal, which frequently splits 4-3 on key rulings, Mexico's
top legal experts said.
There is no legal precedent to guide the justices. Their ruling cannot be
appealed. And their decision, which must be made in 41 days, will change their
country's history.
As the TRIFE wrestles with its decision, political unrest - fueled by a
volatile mix of lack of information and distrust - is growing.
Leftist Andres Manuel Lopez Obrador is drawing hundreds of thousands of
supporters into the streets to protest the vote count that gave conservative
opponent Felipe Calderon the victory by a margin of just 243,000 votes.
Mexicans have lost confidence in the Federal Electoral Institute, or IFE,
which counted the vote. They have also lost confidence in President Vicente Fox,
who was ordered by the TRIFE to stop running TV spots that tacitly supported
Calderon.
"At a time when this country needs a neutral arbitrator, the only arbitrator
we have is the TRIFE," said political analyst Jose Antonio Crespo.
TRIFE OPEN TO CONCERNS
Operating from a sprawling complex in south Mexico City, the TRIFE has
remained open to the public's concerns.
When a group from Mexico state shouted outside the row of massive metal poles
that protect the building, the tribunal invited several of the protestors inside
to discuss the legal issues.
The TRIFE also set up portable toilets for the four hunger strikers who have
camped in front of the building for the past two weeks.
On Wednesday (July 19), a group of Mexicans immigrants from California stood
at the TRIFE's gate chanting their protests. One of the justices came down from
his office high above the busy street and stood unnoticed on the other side of
the metal poles to listen.
The TRIFE has settled more than 21,000 electoral disputes, ruling twice to
annul hard-fought governor's elections. But this is the last, and undeniably the
most important, decision for six of the judges whose terms will end on Oct 31.
Only Judge Jose Luna, who was appointed to the tribunal in early 2005 after one
of the original judges died, will remain.
The TRIFE has three clear options, according to two leading legal experts.
The justices can refuse to order a recount and risk triggering the outrage of
millions of Mexicans who believe the electoral system has been rigged by those
who are in power.
They can order a partial or complete recount, an arduous and time-consuming
process that would have to be meticulously monitored to avoid new allegations of
fraud.
Or they can take the most extreme measure and annul the election, forcing the
newly elected congress to name an interim president who would serve for at least
a year until a new election could be held.
"We thought that the year 2000 was the most important test of Mexican
democracy," said political analyst Lorenzo Meyer. "We were wrong. This is the
moment."
ELECTORAL LAW THE FOCUS
The legal debate focuses on how to interpret Mexico's electoral law, which
does not include provisions for a recount in a presidential election.
Calderon's National Action Party argues that the votes have already been
counted once - on election night - and that a recount or annulment would run
counter to the law.
Lopez Obrador and his Democratic Revolution Party argue that while the law
does not explicitly allow a recount, it does not prohibit one.
Jurists who follow a strict interpretation of the law say that since a
recount was not included in the law, the tribunal must reject Lopez Obrador's
request.
But other jurists say the constitution supersedes electoral law and paves the
way for a review of every ballot.
"The electoral law is a secondary law in Mexico. The supreme law is the
constitution," said Raul Carranca y Rivas, a renowned constitutional scholar on
the law faculty at the National Autonomous University of Mexico, or UNAM. "The
constitution says that in all cases, the principles of certainty, legality,
independence, impartiality and objectivity must apply."
The judges' voting record suggests the tribunal is likely to be divided on
the recount question, said John Ackerman, a professor at the UNAM's Institute
for Legal Research who wrote a book scheduled for publication next year on
Mexican elections.
"Some of the ministers have a history of taking the constitution in their
hands and using that as a principal document. Others are centered more on the
letter of the law," he said. "If you take an extremely strict interpretation of
the law, you can come to the conclusion that a full recount would not be
possible. But the tribunal has a long history of not taking such an approach."
Chief Justice Castillo and Judge Mauro Reyes are known for "applying the
constitution above and beyond what the letter of the law says," Ackerman said.
They led the panel in voting to annul the 2000 governor's election in Lopez
Obrador's home state of Tabasco, which was rife with fraud, reports of bribes
paid to voters, and dirty tricks like the intercepting of mailed campaign
literature.
Judge Alfonsina Berta Navarro and Judge Eloy Fuentes "have historically taken
a more strict interpretive line," said Ackerman.
Judge Jesus Orozco and Judge Fernando Ojesto "could theoretically make up the
majority" in voting for a recount, Ackerman said, because they tend to join
Castillo and Reyes in votes that favor a more open interpretation of the law.
Luna, the newest member of the tribunal, does not have a clear voting record
and could be the swing vote, Ackerman said.
"The two extremes would be on one hand the throwing out of the election and
calling for a new election. That would lead to a major constitutional and
political crisis in Mexico," said Ackerman. "On the other hand, rubber stamping
the vote count done by the IFE would be equally as explosive."
Given those daunting possibilities, many believe the recount demanded by
Lopez Obrador is the most reasonable solution. Lopez Obrador has challenged the
count in 55,000 of the 130,000 polling places and, based on that challenge,
wants a full recount.
Although Lopez Obrador promised this week to respect the results if his
request is granted, many political analysts believe he will be satisfied only if
he is declared the winner.
"Lopez Obrador and his militants believe the system is rotten to the core. In
their minds, there's always going to be something wrong with the recount," said
George Grayson, a Mexico scholar at the College and William and Mary who
recently published a book on Lopez Obrador. "So one recount will lead to claims
of fraud here, or irregularities there. It's kind of a Groundhog's Day, where
you keep going over it and over it."
No one disputes the fact that hundreds of errors were made during the vote
count on July 2. In the state of Puebla, for example, 221 ballot boxes were
opened and every one contained errors in the number of votes counted.
The magnitude of the tribunal's decision is underscored by the limited amount
of time the judges have to make their ruling. They must declare which candidate
is Mexico's next president by Sept. 6. The period for ruling on all of the legal
complaints ends even earlier - on Aug. 31.
"They are subject to a brutal amount of pressure," said Carranca y Rivas.
"Everyone is hoping that despite the pressure, they will rise to the challenge
and do what is best for the destiny of Mexico."
WAITING FOR A DECISION
Mexicans are placing their faith in the TRIFE's ability to resist that
pressure.
From the capital to the countryside, people are holding back their anger,
their impatience, their frustration, as they wait for the tribunal's decision.
"We hope the TRIFE will follow the law," said Horacio Gaspar, an attorney in
the capital of Puebla. "If they don't? Well, it will cause a crisis that is not
just economic but social and political."
Rosario Cordero carefully laid red and white carnations - symbols of peace,
she said - at the TRIFE's main gate during a rally Wednesday.
"I hope the TRIFE will be impartial," Cordero said.
Armando Bolanos traveled from California's Coachella Valley, where he works
as an activist for farm worker housing, to join fellow Mexicans gathered at the
TRIFE Wednesday in pressing for recount.
"This is not about a political party. This is about democracy. In a
democracy, if you make a mistake, you recount," he said. "I hope to God that
those seven people, at this critical moment, will do what is good for Mexico and
what is good for democracy."
