“It is declared that the decision of the Legislative Assembly (…) is unconstitutional, inasmuch as it violates the republican, democratic and representative form of government.”
Thus the Chamber of the Constitutional Court of the Supreme Court of Justice (CSJ) of El Salvador, whose magistrates were dismissed this Saturday after a vote in Congress that now controls by majority the New Ideas party of the country’s president, Nayib Bukele.
The controversial vote provoked a torrent of national and international condemnations of the highest level by those who consider that the decision violates the independence of powers of the State bodies and lacks legal support.
Among Other criticisms highlighted that of the United States government, El Salvador’s main trading partner, which has already contacted President Bukele to express its “serious concerns” about what happened.
“We are cleaning our house… and that is not his in cumbencia ”, the Salvadoran president responded firmly to the statements of the international community.
Bukele had public confrontations with the judges of the Supreme Court after they resolved appeals against some steps he tried to take during the pandemic. In April of last year, for example, he announced that he would not comply with a sentence regarding forced confinement for those who did not comply with quarantine.
But this Saturday, the Salvadoran president defended the vote of the deputies pointing to article 186 of the Salvadoran Constitution, which provides that the Legislative Assembly can remove the magistrates “for specific causes, previously established by law” if the initiative has the support of two thirds of the deputies.
- The new Legislative Assembly of El Salvador, akin to Bukele, dismisses the Constitutional judges and the attorney general
- What does it mean for El Salvador that Bukele reaches “absolute power” with control of the Legislative Assembly
The congressmen who supported the dismissal tion, which was approved by an absolute majority (64 from 84 voted in favor, including all the deputies of Bukele’s party and other allied formations), they assured that the magistrates “acted against the Constitution, putting particular interests first over the health and life of the entire population.”
In the same way, they gave the green light to dismiss the attorney general, Raúl Melara, who they said has “ties” with the opposition Arena party that would question his independence, they assured.
Bukele also had several clashes with Melara as a result of his decisions at the head of the Prosecutor’s Office, many of them public between them through Twitter.
Not @ nayibbukele , pa For me, all citizens are equal.
You seem the expert in pointing out others and covering yours, even if they trample the Law.
You don’t have to be so obvious.
But let me explain… https://t.co/i4UugASiil
– Raúl Melara (@MelaraRaul) October 2, 2020
What did the Constitutional Chamber and the attorney general say about their dismissals?
After the vote in the Assembly, the Constitutional Chamber issued a resolution to declare the dismissal of its magistrates “unconstitutional, because it violates judicial independence.”
The body argued that “with a marked intention of suppressing effective controls towards the Executive and Legislative body”, the decision of the deputies “negatively affects the control of the exercise of power” q which is carried out by the Constitutional Chamber.
The Chamber assured that the dismissal “is not preceded by the procedural guarantees necessary to ensure it”, and even if it had had a prior process, “it affects the dimension external of said formal principle, which requires the absence of pressure from the other organs of the State. ”
“The lack of approval of the Executive body is not a reason to dismiss constitutional judges, at the same time that it constitutes a future dissuasive factor for any other conformation of this room, that is, a coercion ”, the text reads.
Despite this resolution, the deputies elected the same Saturday night or to five substitute magistrates and the new prosecutor, who, guarded by police agents, entered the CSJ facilities and the Public Ministry building, respectively.
dismissed when they issued that resolution (which also has neither signatures, nor stamps, nor official communication)… ”Bukele tweeted to downplay the position of the Constitutional Chamber.
Hours later, Aldo Cader Camilot and Marina Marenco de Torrento – two of the dismissed CSJ magistrates – published their resignation letters in which they assured that they have never been linked or have responded to interests of no political party or any economic power.
On Sunday afternoon, the social networks of the Constitutional Chamber and the CSJ already showed their first changes by eliminating the resolution of the dismissed magistrates and publishing a first photo of the five new titles ares.
New magistrates of the Constitutional Chamber. pic.twitter.com/bh87 kXKHsK
– Constitutional Chamber (@SalaCnalSV) May 2, 2021
On Sunday night, the dismissed Raúl Melara said that his expulsion was “Unconstitutional” and “lacks legal validity”, but he also announced his irrevocable resignation from the position of attorney general for “the welfare of his family” and for not being able to have “the necessary guarantees” to exercise.
“I have had a long legal career that shows my honesty and ability,” he said in a statement to reject the allegations against him.
In addition, he assured that during his work as a prosecutor he demonstrated the “Objectivity and probity required by said position”, who carried out his duties “as a representative of the interests of the State and of the to society, always attached to the Law ”and that during his tenure people were processed“ regardless of interest. ”
What did the United States say?
This Sunday, US Vice President Kamala Harris showed his “deep concerns about the democracy of El Salvador.”
“An independent judiciary is essential for a healthy democracy and a strong economy”, wrote on Twitter.
Hours earlier, US Secretary of State Anthony Blinken said he had contacted Bukele to express his government’s “great concern” over what happened after the decision to “undermine the highest court in El Salvador and the attorney general Melara.”
In addition, it defended that Melara was “fighting corruption and impunity” and was “an effective partner” to combat crime “both in the United States and in El Salvador,” according to a statement released by his department.
“This is not done,” said in networks about what happened Juan González, Biden’s advisor for Latin America as director for the Western Hemisphere of the US National Security Council.
“The existence of a strong relationship between the United States and El Salvador will depend on the government of El Salvador supports the separation of powers and upholding democratic norms, ”said Julie Chung, acting undersecretary of the Office of Western Hemisphere Affairs of the US Department of State.
The Salvadoran president maintained a very cordial relationship with the previous US government led by Donald Trump, but has shown clear discrepancies with the current Executive des that Biden came to power. The Salvadoran did not receive, for example, the special envoy for the Northern Triangle of the White House, Ricardo Zúñiga, during his visit to Central America last month.
Some congressmen Americans also joined in the criticism. Democrat Albio Sires opined that “if the dismissal of the magistrates is not reconsidered”, “the US government should decrease cooperation” with El Salvador.
What other international reactions were there?
The Organization of American States (OAS) rejected the dismissals, recalling that “in democracy, majorities have the responsibility of being fundamental guarantors to ensure respect to human rights and fundamental freedoms; access to power and its exercise subject to the rule of law; the plural regime of political parties and organizations; and the separation and independence of public powers. ”
“ When the majorities impose a single and standardized vision for the rest of the political system, they are undermining these principles. When the majorities eliminate the systems of checks and balances in the institutional framework, they are altering the essence of its functioning, “he added in a statement.
The Inter-American Commission on Human Rights (IACHR) also criticized the dismissals “without due process or specific constitutional causes, which puts the rule of law at risk” in El Salvador.
In addition, it urged the Salvadoran government to respect the ruling of the Constitutional Chamber that declared the Assembly vote unconstitutional.
The IACHR also announced that it has decided to install a Timely and Integrated Coordination and Response Room in El Salvador “to monitor ear and address this serious situation that affects the institutionality and human rights in the country. ”
“ I condemn the steps that the political power has been taking to dismantle and weaken the judicial independence of the magistrates by dismissing members of the Constitutional Chamber, ”said the UN Special Rapporteur on the independence of magistrates and lawyers, Diego García-Sayán.
“All dismissal process must address specific causes previously established by law. This UN Rapporteurship will remain vigilant and will act against any action aimed at affecting the work of constitutional judges in El Salvador ”, he added.
“ The blow to the rule of law is total (…). I want Bukele to be clear: we will make every effort so that this assault on democracy affects his relationship with the US government, the World Bank, the IMF and the IDB ”, tweeted José Miguel Vivanco, Director for the Americas of the Human Rights Watch organization.
- “Human Rights Watch:” The heinous crimes of gang members do not give El Salvador carte blanche to punish them and take revenge in this way “
- Bukele vs El Faro: what is behind the confrontation of the popular president of El Salvador with one of the most prestigious media on the continent
But in the face of these and other criticisms and condemnations from abroad, Bukele was equally blunt when responding .
“To our friends in the international community: we want to work with you, trade, travel, get to know each other and help where we can. Our doors are more open than ever. But with all due respect: we are cleaning our house… and that is none of their business, ”the president settled.
What happened this Sunday in El Salvador?
At dawn on Sunday, the new attorney general elected by the Assembly, Rodolfo Delgado, held a press conference in which he assured that “ and s the moment to put the house in order and for things to start working properly ” .
“The attorney general of the Republic is one for the entire nation and he is the one who decides how the criminal prosecution policy will be and, in the same way , is the state attorney. I know perfectly how far my functions go and what my obligations are ”, he added.
For its part, Civil society in El Salvador condemned what happened on Saturday in the Assembly and described it as a “coup” endorsed by Bukele and the deputies who voted in favor.
“Through the co-option of justice they intend to consummate an already unquestionable authoritarian political project in which all powers respond to one person,” the organizations criticized through a statement.
This Sunday afternoon, protesters peacefully protested at the monument to the Constitution of San Salvador.
Among the slogans they cheered and carried on their posters were phrases such as “Yes to democracy, no to dictatorship”, “Respect for the Constitution”, “No to absolute power” or “ Nayib, fascist, you are the terrorist.”
However, the dismissals approved in the Assembly were supported by many other Salvadorans, who in the February legislative elections gave a landslide victory to Bukele’s party with 56 from 84 deputies and led to a historic defeat to the two parties that governed They have sworn in the last three decades.
“I was expecting it, they promised to remove all the corrupt; we are going to see if they comply, we have to wait ”, said this Sunday to the AP agency Juan Sánchez Toledo, an unemployed person from years. “I hope things change for the good of the people,” he said.
Remember that you can receive notifications from BBC News Mundo. Download the latest version of our app and activate them so as not to miss our best content.