The Supreme Electoral Court (TSE) rejected this Friday, April 10, a request from the Public Ministry (MP) and stated that it is not obliged to respond to requests issued by prosecutors without an order from a competent judge, while reiterating its nature as an independent body.
The request was sent on April 10, 2026 by the Special Prosecutor’s Office against Impunity (FECI), which granted a period of four hours for the TSE to report on the situation of the officials elected by the Movimiento Semilla party.
In a communication addressed to the attorney general, María Consuelo Porras Argueta, the TSE indicated that the request was issued “without an order from a competent judge” and cited article 121 of the Electoral and Political Parties Law, which establishes that it is the highest authority in electoral matters and is not subject to any State agency.
Furthermore, he recalled that article 124 of that law provides that its judges enjoy the same immunities and prerogatives as the judges of the Supreme Court of Justice, which implies the application of the guarantee of judicial independence contemplated in the Constitution.
“Under these parameters, and taking into account aspects of hierarchy and matters relating to the guarantee of judicial independence, the Supreme Electoral Court is not obliged to comply with orders or requirements with peremptory deadlines from a prosecutor of the Public Ministry, since it would be equivalent to an official of the Public Ministry ordering the Supreme Court of Justice to carry out an act,” the court indicated.
The TSE added that any communication must be made from a position of respect and requested that instructions be issued within the MP to avoid this type of requirements.
Response to Curruchiche
In a second communication, addressed to the section prosecutor Rafael Curruchiche Cucul and the fiscal agent Mario Raúl Véliz Guzmán, the TSE reiterated its independence and responded to the requirements related to the Movimiento Semilla party.
The court explained that the plenary session of judges 2020-2026 rejected in limine the appeal filed against resolution SRC-R-745-2024, which made the final cancellation of the match final.
He explained that, as a consequence, the documentation was sent to the Citizen Registry, which transferred it to the Department of Political Organizations to make the corresponding annotation and issue the edict, published in the Official Gazette and in other means of circulation.
The TSE stressed that these were the legal actions adopted, since the resolution of March 4, 2026 established that it was not a decision derived from an electoral sanctioning process, so it does not generate other additional effects.
Electoral results are unalterable
In that same response, the TSE emphasized that the results of the 2023 electoral process cannot be modified.
He indicated that the popularly elected positions remain in force in accordance with Decree 5-2023, which made the results official, and as reported by the Citizen Registry.
In addition, he cited the resolution of the Constitutional Court within the protection file 6172-2023, of December 14, 2023, in which it was urged to guarantee the inauguration of the elected authorities on January 14, 2024, in accordance with the results endorsed by the TSE.
He also recalled that, in file 6175-2023, dated October 29, 2025, the Constitutional Court warned a criminal judge to refrain from issuing resolutions that contravene the democratic electoral system and noted that the results of the process are unalterable.
Elected officials keep their positions
The TSE clarified that the cancellation of the Movimiento Semilla party does not affect the validity of the positions obtained in the 2023 elections.
These include the Presidency of the Republic, the Vice Presidency, 23 deputies to Congress and a mayor’s office, whose holders continue to serve.
MP requirements
The Public Ministry asked the TSE to detail the legal actions adopted after the cancellation of the match, a copy of the published edicts and the status of the charges obtained by Movimiento Semilla.
The investigation is carried out within the Semilla Corruption case, led by the FECI, which investigates possible anomalies in the formation of the political party.
The new @TSEGuatemala is imposed on @MPguatemala by María Consuelo Porras informing that she is not obliged to comply with orders or requirements of a prosecutor, reaffirming that they are an independent entity. Today the MP requested details of the Semilla Movement within 4 hours. pic.twitter.com/r8S4kz9TEO
—Douglas Cuevas (@dcuevas_pl) April 10, 2026
The new @TSEGuatemala He also responded to the chief prosecutor Rafael Curruchiche, head of the FECI, that the 2023 electoral results are unalterable, that they have already been certified, that they are firm and supported by resolutions of the FECI itself. @CC_Guatemala. pic.twitter.com/EkEOJaFHFS
—Douglas Cuevas (@dcuevas_pl) April 10, 2026
