The President of El Salvador, Nayib Bukele, will no longer be able to retire a third of the 690 judges over 60 years of age or with more than 30 years of service, after the family chamber of the East Section of San Miguel is what It has prevented by suspending this measure. The Court bases its decision in the Constitution, the Family Code, the Law on Integral Protection for the Major Adult and the Inter-American Convention for the Protection of Human Rights of Older People. Among the rights contemplated these regulations, it highlights "the enjoyment and protection of equality and non-discrimination rights for being higher adults, work and stability in the position, dignity and right of adult adults to receive good treatment by of the state ".
In this way, the Chamber of Family of the East Section of San Miguel admitted the request for the precautionary measures made by Judes Rosvinda Portillo Matute and Geofredo Campos Rosa against the Legislative Assembly, Nayib Bukele and the Supreme Court of Justice, After approval on August 31 of the controversial Legislative Decree 144 that supposes 'de facto' the forced withdrawal of more than 200 judges. Both judges reported that the decree violates not only the Constitution, but the fundamental rights and those that grant them the Family Code.
Among the judges affected by the reforms to the law of the court career approved at the Legislative Assembly where the President's party, new ideas, has a loose majority, is Jorge Guzmán. It is the judge in charge of the Mozote case, who asked the prosecutor's office in November 2020 to determine whether Bukele committed some offense after the blockade of the army's judicial file inspections in the framework of a massacre of 1,000 civilians in 1981 in which 16 senior officers of the armed force and withdrawn are processed.
Guzmán had already presented his resignation on Thursday, although he could continue in office, after the Chamber of Family has granted "Primacy" to the Inter-American Convention for the Protection of Human Rights of Older People on Legislative Decree that contains reforms To the law of the judicial career, then "these contract what is established in the international treaty" in which the Salvadoran State "undertook not to adopt measures that affect older adults".
For this reason, the Court orders the suspension of the implementation of Legislative Decree 144 that it entered into force this Saturday and asks the Legislative Assembly, Bukele and the Supreme Court of Justice "to refrain from performing acts that contravene human rights, both from The plaintiffs, as of major adults, who hold the position of judges or magistrates of the whole Republic. "
Since this morning, the magistrates of the full court of the Supreme Court of Justice are gathered in emergency session to analyze this resolution that supposes a Varapalo for Bukele, who had justified these forced retirement under the argument of withdrawing the "corrupt judges ". The objective of this emergency session could be invalidating the resolution of the Chamber of Family presenting a resource against it.
It should be remembered that last May 1, when the new Legislative Assembly, controlled by his party, new ideas, the first decision was adopted, was to cease the judges of the Chamber of the Constitution of the Supreme Court of Justice, as well as as the Attorney General.
However, on this occasion he herself herself has prevented him from taking a step further, as he stressed this morning the judge of sentencing of San Miguel Sidney Blanco, who said that the resolution of the family chamber is "founded in right and sustained In the Constitution and internal and international laws aimed at protecting the rights of older adults. "
Thus, he has criticized that, for some time, El Salvador "has been subject to irrationality and the constant violations of judicial decisions, the Constitution and irrespect to international treaties," so, in his opinion, it is "Very difficult to predict what may happen in a state with these characteristics." In this way, he regrets that "we can not surely affirm what is going to happen, but what we can say as judges is that judicial resolutions must be complied with and respected by all the authorities towards whom that resolution is directed" .
White recalled that the judicial body is the call to "stop the abuses of the powers of the other government bodies, so that, for us, as long as there is no legal means of reversing the decision of the Chamber of Family, these reforms a The law of the judicial career can not be applied. "
A few days after entering Vigor, a total of 77 judges had already resigned to receive a provision of 24 salaries for the retreat for which they had until this Friday if they did not want to lose compensation, while another 80 had requested to pass through As a regime of availability in the Supreme Court of Justice, in order to be located in other instances according to the needs of this judicial body.Updated Date: 24 September 2021, 14:51