Arriaza Chicas has faced criminal charges for breach of duty. The prosecutor’s office said that this resolution was due to procedural errors brought by the Assembly when it came to justifying the urgency to appear before the Minister of Finance.
The Fifth Court of Peace of San Salvador, this afternoon, definitively dismissed the Director of Police, Mauricio Arriaza Chicas, for the crime of breach of obligations for which he faced criminal charges.
The judge argued that the order issued by the Legislative Assembly to urgently bring the Minister of Finance had no factual and legal arguments.
After hearing the resolution, the Prosecutor’s Office considered that it was due to procedural errors of the Assembly in this case. “If the Legislative Assembly had based the urgency differently, surely the decision would have been different, because as director of the Police it is due to the Constitution,” the prosecutor said in the case.
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After the dismissal of Arriaza Chicas, the judge also rebuked him: “You must obey the rule of law, not the people. It’s not worth a tweet, it’s not worth a call. We do not live in a monarchy, you have to obey the rule of law “, he said to the police director who just lowered his head.
“If the (legislative) Assembly had complied with the requirements of the process, my decision would probably have been different. This is not an empty check for not participating in the commissions of the Assembly or for not following the orders “, the judge warned the director of police.
Faced with the adverse decision, one of the prosecutors in the case said that once they have the decision in writing, they will make legal assessments to see if they appeal against the court’s decision.
The prosecutor said that, although it seemed paradoxical, what the judge told the police director was a positive message for the country’s institutions.
Arriaza was charged by the Prosecutor’s Office with the offense of breach of duty after he refused to present the Minister of Finance, Alejandro Zelaya, before a committee of the Legislative Assembly, to make accounts on the use of public funds in case of expedite. COVID-19.
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The commission ordered the PNC director to bring the minister to finance; However, Arriaza did not comply with the order for which he was prosecuted. The Commission has investigated the placement and destination of funds in Letes, Bonds and other securities issued by the Government of El Salvador in the framework of the coronavirus pandemic.
According to the Prosecutor’s Office, Arriaza Chicas apologized for obeying Zelaya’s order, arguing that the use of force is governed by the “last report” principle, as a limitation of the exercise of power in relation to fundamental rights, and that on the grounds that Zelaya -he presented, as director of the police corporation, that the Minister of Finance had good reasons for not attending the convocation.
For their part, lawyers Arriaza Chicas argued that the order issued by the Assembly for the police director to take Minister Zelaya urgently is not legal.
In parallel with the lawsuit it is facing for violating its powers, the Legislature recently approved an opinion that was later communicated to the country’s accredited diplomatic corps and the Prosecutor’s Office on the dismissal of Arriaza Chicas as director of the Police for human rights violations.
On 17 December, MEPs approved by 58 votes to 10, with three abstentions, the compulsory dismissal of Police Director Mauricio Arriaza Chicas for “serious human rights violations” due to the events of 9 February. However, President Bukele said he would not comply with the order.