The legal situation of former Bolivian president Evo Morales (2006-2019) is uncertain after two contradictory court rulings were issued in three days regarding the arrest warrant against him for a case of aggravated human trafficking.
On Wednesday, Judge Lilian Moreno, from the Santa Cruz Departmental Court, issued a ruling that annulled the arrest warrant against the former leader issued in the Tarija region last October, as confirmed by his lawyer Nelson Cox to the media.
Cox clarified that the judicial measure came after Morales' defense filed a complaint with Moreno a few weeks ago to have the case based in Tarija transferred to a "natural judge" in Villa Tunari, in the central region of Cochabamba, Morales' political and union stronghold, where he has been since November.
The criminal investigation against the former president is for allegedly having maintained a relationship with a minor with whom he supposedly had a child while Morales was president, according to the Public Prosecutor's Office.
The arrest warrant was endorsed by a judge in Tarija who also issued a declaration of rebellion against Morales for failing to appear twice before the authorities regarding the case being investigated.
Judge Moreno's ruling was received with joy by the ex-president, who stated that "after a long time" he felt "that justice has been served".
According to his lawyer, Moreno's decision granted "unrestricted freedom" to the politician and eliminated any possibility of it being appealed.
One of the former president's lawyers, Wilfredo Chávez, condemned the judicial ruling of Zabaleta. "We repudiate that attitude that is against the law, it is unnatural and we obviously know that it obeys political pressures," Chávez told local media.
The lawyer pointed out that the resolution issued by the judge in La Paz "has no legal value" because they cannot order "one freedom action over another," according to Bolivian regulations.
He further explained that the decision made by Judge Moreno "must be complied with" since there is no other legal procedure that can stop it; otherwise, there would be "a legal chaos".
"Obviously, measures must be taken for this decision (by Judge Zabaleta) to be annulled due to its illegality and unconstitutionality; there is an overreach of the judge's functions," added Chávez.
For his part, Morales stated that Zabaleta's ruling "is an expression" of the government's "desperation" under Luis Arce and attacked Zabaleta, who "has disastrous precedents," according to the former president.
Morales expressed confidence that his freedom "is guaranteed," confirming that he will march to La Paz on May 16 to register as a presidential candidate for the general elections.
