Following the disappearance of FARC congressman “Jesus Santrich,” Congress and the demobilized rebels are left wondering: what will happen to his congressional seat?
Article 134 of Colombia’s constitution, commonly referred to as the “Vacant Seat” principle, disallows political parties from replacing lawmakers who have a warrant out for their arrest, are a fugitive of justice, or have been convicted of a crime.
Article 134
This constitutional amendment was enacted in 2011 after dozens of congressmen and their replacements were found to have connections with paramilitary groups and drug traffickers.
The article was intended to force political parties to better vet their candidates, or risk losing their representation if their elected officials turn out to be criminals.
Santrich has a distinct case, because the FARC were guaranteed 10 congressional seats as part of a constitutional peace deal instead of by elections.
Constitutional Law professor Juan Manuel Charry told newspaper el Espectador this doesn’t change the validity of the Vacant Seat article.
Constitutional Law professor Juan Manuel Charry
“For now Charry’s input is merely speculation,” former State Council magistrate Rafael Ostaou told the newspaper, stressing that the decision is purely judicial and lies with the high court.
“The Council of State will determine the reason why he would lose his investiture and, based on that, the empty chair clause could apply. But Article 134 could be also inapplicable, because the occupation of Santrich’s seat was not the result of an ordinary election, but a constitutional one,” said Ostaou.
What is certain is that nothing will happen to the FARC’s 10th seat until someone files a petition with the State Council to invoke Article 134.