The decision to request the immediate dismissal of Mauricio Arriaza Chicas is governed by Article 131 of the Constitution.
Article 131 of the Constitution of the Republic obliges President Bukele to respect the dismissal of the director of the National Civil Police, Mauricio Arriaza, for serious human rights violations, after being recommended by the Legislative Assembly, explained the constitutional lawyers.
The provision states: “Art. 131.- It corresponds to the Legislative Assembly … Recommends to the Presidency of the Republic the dismissal 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 the case may be. The resolution of the Assembly will be binding when it refers to the heads of public security or state intelligence due to serious human rights violations ”.
The recommendation to remove Arriaza was approved on Thursday by 58 qualified majority votes for his participation in the eruption of army troops and police units, led by President Bukele, in the Blue Chamber of the Assembly, in which he considered a failed coup.
SEE ALSO: The Assembly orders the immediate dismissal of the police director by 9F
The art. 131. Ordinary 37:
It is the case that the final report of the 9F commission concluded that the director of police committed “serious human rights violations” before and during the military takeover of the Assembly on February 9, 2020, so the request of deputies becomes mandatory, ie President Nayib Bukele is obliged according to constitutional lawyers, René Hernández Valiente and Francisco Bertrand Galindo.
“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.
In this regard, the final report of the Assembly approved yesterday determines that Arriaza Chicas participated in the acts of “intimidation” in the homes of several opposition deputies, on February 8, the 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.
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 Bukele’s contempt for the Assembly’s mandate to dismiss the director of police, constitutional lawyers explain that he commits the crime of “disobedience” and Arriaza Chicas in the crime of “usurpation of office”, both sanctioned by criminal regulations. , for which they urged the General Prosecutor, 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.