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News: Law and Justice

Venezuelan Supreme Court: The President Has Not Abandoned His Post

Caracas, January 31, 2017 (venezuelanalysis.com) – Venezuela’s Supreme Court (TSJ) has blocked an attempt by Congress to oust President Nicolas Maduro over the allegation that he has “abandoned his post”. 

Earlier in January, the opposition-controlled National Assembly (AN) approved an agreement stating that the president should be dismissed, accusing him of being responsible for a “serious rupture of the constitutional and democratic order,” the “devastation” of the country’s economy, and human rights abuses. 

Opposition lawmakers argued that the declaration was based on Article 233 of the Bolivarian Constitution, which outlines the circumstances under which the president can be considered to have permanently vacated the position.   

However, on Monday, Venezuela’s highest court released a statement confirming that there were no constitutional grounds for President Maduro's removal from office, and criticised the AN's interpretation of the article as “fraudulent and insurrectional”.  

“The President of the Republic, citizen Nicolas Maduro Moros, has not been absent, nor separated in any moment, from the exercise of his post, nor has he ceased to exercise his constitutional responsibilities since the beginning of his mandate, which is a public, well-known and communicable indisputable fact,” reads the declaration. 

In the official ruling, the high court describes opposition lawmakers’ actions as an attempt to set in motion a “coup d'etat” against the president of the Republic and to “subvert the established constitutional order”.

“(This) responds to their interest in destabilisation, with the only intention of changing the legitimately constituted government through an unconstitutional procedure,” continues the top judicial body.

TSJ judges also went on to reprimand the opposition coalition, the Democratic Unity Roundtable, for having continuously flouted the court’s previous orders demanding that congress remove three opposition legislators pending investigations into voter fraud. The court has released several statements declaring the National Assembly to be in contempt of court and consequently void, as well as warning the legislative body not to overstep its constitutional boundaries.

According to the Constitution, the Venezuelan president can be considered to have “abandoned his post” through his death, resignation, destitution by the TSJ or his “physical or mental incapacity” as corroborated by a medical committee.  

Nonetheless, opposition legislators have prioritised removing Maduro from office through a variety of initiatives since winning a congressional majority in the legislative elections of December 2015.  

Published on Jan 31st 2017 at 4.18pm