Lawyers consulted by El Diario de Hoy state that the decision of the Assembly to remove Mauricio Arriaza Chicas from office is governed by Article 131 of the Constitution.
President Nayib Bukele is obliged by the Constitution to respect the mandate of the Assembly to remove Mauricio Arriaza Chicas, from the position of director of the National Civil Police; However, the President states that he will not pay attention, because Members do not have this power, but according to constitutional lawyers, their obligation is not to evaluate the decision of the Assembly, but to respect it.
“The constitution says that if there is such a recommendation for dismissal, that request for president is mandatory, that he has no choice but to respect it, it does not tell him what he can assess,” said constitutional lawyer René Hernández Valiente.
In addition, because it is thus determined 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 due to the fact that the special commission of the Assembly, which investigated the events of February 9 that took place in the military and police raid to take over the legislative building, established that Arriaza Chicas committed “serious human rights violations” before and during his time. happened on 9F.
And in these cases, the Constitution is clear in Article 131 ordinal 37 on the powers of the Assembly in relation to the “binding” power that deputies have to ask the President of the Republic to dismiss an official holding office. the position of head of public security or director of state intelligence services.
SEE ALSO: The Assembly orders the immediate dismissal of the police director by 9F
The art. 131. Ordinary 37:
The quoted declaration on the power of the Assembly enshrined in the Constitution has the following content: “Recommend to the Presidency of the Republic the removal of the ministers of state; or the appropriate bodies, that of the officials of the autonomous official institutions, when they consider it appropriate, following an inquiry by their special commissions or an interpellation, as appropriate. The resolution of the Assembly will be binding when it refers to the heads of public security or information of the state due to serious human rights violations ”.
Olmedo confirmed that “The legislature does not just make laws. In special committees or interpellations, the Assembly may recommend to the President the dismissal of certain officials. In special committees, the Assembly collects contributions and evidence from various sources. If you find from that investigation that the heads of security or intelligence have committed serious human rights violations, then the recommendation is mandatory there. As mentioned in the article. 131 ordinal 37th of Constitution, ”Olmedo said.
However, on the same Thursday evening, when the Assembly approved by a qualified majority of 58 votes, to make Bukele aware of the report calling for the dismissal of Arriaza Chicas “immediately”, the president said at an event in He said: “I will not 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 “evaluating” the decision of the Assembly, but rather that his obligation is to comply with the legislative mandate that established that Arriaza Chicas committed “serious human rights violations” 9F, so that the request of the deputies becomes mandatory, ie Bukele is obliged to respect it, according to the constitutional lawyers.
“The president must be careful, otherwise the legal procedures will have to be followed for the resolution to be complied with, be it through the Prosecutor’s Office, the courts or the Constitutional Chamber, the important part is to have established that there have been serious violations. human rights, “said Bertrand Galindo.
Hernández Valiente also appreciated that, if Bukele does not obey, the role of the Prosecutor’s Office as a defender of the state becomes predominant in order to make the Constitution and the rights of citizens prevail. (See separate note).
The final report of the Assembly approved on Thursday determines that Arriaza Chicas participated in acts of “intimidation” in the houses of several opposition deputies, one day before 9F.
In addition, the right to vote was violated by pressure from public security authorities on Members to vote on an issue on which they disagreed, when legislators represent the popular will of citizens when serving in office. elected by public vote.
SEE ALSO: Opposition MPs denounce PNC harassing them before and during 9F
This, according to the legislative report and the opposition deputies, is a violation of the right to vote enshrined in the Constitution as a human right.
“If the Legislature has seen serious human rights violations (…) and recommends compulsory dismissal, the president cannot refuse to comply,” said Gonzalez, a former Constitutional Chamber magistrate.
The Organic Law on Police also expresses the mandate of the director of the police entity regarding the protection of citizens’ rights.
Article 13 of this regulation states that “members of the police must at all times perform the duties required by law, serving the community and protecting all persons from unlawful acts, in accordance with the high degree of responsibility required by its function; that they will respect and protect human dignity; they will uphold and defend the human rights of all people. “
Out of the contempt that Bukele suffered during the Assembly’s mandate to remove Arriaza Chicas from the position of Director of Police, the constitutionalists explain that he commits the crime of “disobedience” and Arriaza Chicas in that of “usurpation of functions”, both sanctioned by regulations. for which they urged the Attorney General, Raúl Melara, to apply the Constitution of the Republic, in the sense that the mandate of the Assembly will be executed.
“The appeal is addressed to the prosecutor, if the Assembly has already decided, if the president does not comply, the order itself is already issued, the law is mandatory only for the head of security and the director of the OIE. It is contradictory for Bukele to say that he is reforming the Constitution in order to improve it, but he is violating it “, said Hernández Valiente.
HIS VISION
“The constitution says that if there is that recommendation for dismissal, that request for president (Bukele) is mandatory, that he has no choice but to respect it, it does not tell him what he can evaluate.”
René Hernández Valiente. Constitutional lawyer
“What the President (Bukele) has to do is follow the example, if the legal procedures are not followed, so that the resolution is respected, it would be through the Prosecutor’s Office, the courts or the Constitutional Chamber.”
Francisco Bertrand Galindo. Constitutional lawyer
“In the special commissions, the Assembly collects contributions and evidence from various sources. If you find from that investigation that the heads of security or intelligence have committed serious human rights violations, then the recommendation is mandatory there. As mentioned in the article. 131 ordinal 37 of the Constitution “
Daniel Olmedo. lawyer
“If the Legislature has found that there are serious violations of human rights (…) and has recommended compulsory dismissal, the President cannot refuse to comply.”
Rodolfo González. Former chamber judge.