Lawyers consulted by El Diario de Hoy confirm that the Assembly’s decision to remove Mauricio Arriaza Chicas from office falls under Article 131 of the Constitution.
President Nayib Bukele is required by constitution to comply with the Assembly’s mandate to dismiss Mauricio Arriaza Chicas from the post of Director of the National Civil Police; However, the president confirms that he will not pay attention because the delegates do not have that power, but according to constitutional lawyers it is their duty not to judge the Assembly’s decision, but to abide by it.
“The constitution says that if there is that recommendation for resignation, that request to the president is binding, that he has no choice but to comply with it, it doesn’t tell him what to judge,” said constitutional lawyer, René Hernández Valiente.
Moreover, because it is so defined by Article 131 of the Magna Carta and confirmed by the constitutional lawyers Hernández Valiente, Francisco Bertrand Galindo, Rodolfo González and Daniel Olmedo, who were interviewed by El Diario de Hoy.
This is all due to the fact that the Assembly’s special commission investigating the February 9 events that took place during the military and police raid to take over the legislative building determined that Arriaza Chicas before and during “ serious human rights violations ”. happened on 9F.
And it is in these cases that the Constitution is clear in Article 131, ordinal 37 on the powers of the Assembly in relation to the “binding” power, that delegates must request the President of the Republic to dismiss an official in office. position of Chief of Public Security or Director of State Intelligence.
SEE ALSO: Assembly Orders 9F Immediate Resignation of Police Chief
Art. 131. Ordinal 37:
The declaration of the power of the Assembly enshrined in the Constitution reads as follows: “Recommend to the Presidency of the Republic the removal of ministers from state; or to the corresponding bodies, those of officials of autonomous official institutions, as it deems necessary, as a result of the examination of their special commissions or of the interpellation, as appropriate. The Assembly resolution will be binding when referring to heads of public security or state intelligence for serious human rights violations ”.
Olmedo affirmed that “the Legislative Assembly does not make laws alone. In the context of special commissions or interpellations, the Assembly may recommend that the President dismiss certain officials. In the special committees, the Assembly gathers input and evidence from various sources. If that investigation shows you that the security or intelligence chiefs have committed serious human rights violations, then the recommendation there is binding. As stated in the article. 131 ordinal 37th of the Constitution, ”Olmedo researched.
However, on the same evening this Thursday, in which the Assembly agreed by qualified majority of 58 votes to notify Bukele of the report calling for Arriaza Chicas to be fired “immediately”, the president said at an event in El Mozote that : ‘I’m not going to listen to them. Because the Constitution does not give them that power ”.
In this regard, the constitutional lawyers, Hernández Valiente, Bertrand Galindo, González and Olmedo, agree that Bukele is not responsible for ‘judging’ the Assembly’s decision, but that it is his duty to comply with the legislative mandate stipulating that Arriaza Chicas has committed “serious human rights violations,” the 9F said, making the deputies’ request binding, ie Bukele must comply, according to constitutional lawyers.
“ What the president has to do is pay attention otherwise the legal procedures will have to be followed so that the resolution is fulfilled, it would be through the prosecution, the courts or the Constitutional Chamber, the most important thing is to have determined that there were serious violations human rights ”, said Bertrand Galindo.
Hernández Valiente also appreciated that, if Bukele disobeys, the role of the prosecution as a defender of the state will prevail in order for the constitution and citizens’ rights to prevail. (See separate note).
The Assembly’s final report approved this Thursday states that Arriaza Chicas participated in “intimidation” in the homes of several opposition deputies a day before 9F.
In addition, the right to vote was violated by the pressure exerted by the public security authorities on the delegates to vote on an issue on which they disagreed, while the legislators represent the popular will of the citizens when they serve in their office. elected through public elections.
SEE ALSO: Opposition representatives denounced that PNC harassed them before and during 9F
This constitutes a violation of the right to vote enshrined in the Constitution as a human right, according to the legislative report and the opposition deputies.
“If the Legislative Assembly saw that there were serious human rights violations (…) and recommends a binding dismissal, the president cannot refuse to comply,” said González, a former magistrate of the Constitutional Chamber.
The Organic Law of the Police also expresses the mandate that the Director of the Police Entity has in the field of protecting the rights of citizens.
Article 13 of this regulation states that “the members of the police force shall at all times fulfill the duties imposed by law, serve the community and protect all persons from illegal acts, in accordance with the high degree of responsibility. required by his position; that they will respect and protect human dignity; they will uphold and defend the human rights of all people ”.
Of the disdain Bukele has incurred in the Assembly’s mandate to remove Arriaza Chicas from the position of director of the police, the constitutionalists explain that he is committing the crime of ‘disobedience’ and Arriaza Chicas in that of ‘appropriation of functions’, both sanctioned by the criminal law regulations, for which they urged the Attorney General, Raúl Melara, to enforce the constitution of the republic, in the sense of implementing the Assembly’s mandate.
“The call is to the prosecutor, if the Assembly has already decided, if the president is disobeyed, the order itself has already been issued, the law is binding only on the head of security and on the director of the OIE. It is contradictory for Bukele to say that he is reforming the Constitution to improve it, but he violates it, ”said Hernández Valiente.
HIS VISION
“The constitution says that if there is a recommendation to resign, that request to the president (Bukele) is binding, that he has no choice but to comply with it, it doesn’t tell him what to judge.”
René Hernández Valiente. Constitutional attorney
“What the President (Bukele) has to do is follow his example, if not the legal procedures have to be followed so that the resolution is enforced, it would be done through the prosecution, the courts or the constitutional chamber”
Francisco Bertrand Galindo. Constitutional attorney
“In the special committees, the Assembly gathers input and evidence from various sources. If you find from that investigation that the security or intelligence chiefs have committed serious human rights violations, then the recommendation there is binding. As stated in the article. 131 ordinal 37 of the constitution “
Daniel Olmedo. lawyer
“If the Legislative Assembly saw that there were serious human rights violations (…) and recommends a binding resignation, the president cannot refuse to comply”
Rodolfo González. Former judge of the chamber.