After certifying that he committed human rights violations, the order is binding. If Bukele does not dismiss him, he would commit the crime of disobedience, warns FMLN deputy.
Deputies approved yesterday with 58 votes, 10 against and three abstentions the binding dismissal of the director of the Police, Maurici Arriaza Girls, for “serious violations of human rights” committed before, during and after February 9, when lent the police force for the taking of the Legislative Assembly in order to pressure deputies for a loan.
The Assembly approved a report outlining the “intimidating” role two days earlier against lawmakers and subsequently, for its acting alongside the Armed Forces in the military takeover of Assembly facilities.
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This document states that the recommendation to dismiss is binding because he is a head of public security and because of serious human rights violations.
“Article 159 of the Constitution states that public security will be in charge of the National Civil Police, it must be understood then that in the case of Commissioner Maurice Antonio Arriaza Girls, director of the PNC, this resolution is of a binding nature and is therefore removed from office from that date, under penalty of incurring the respective civil, administrative and criminal responsibilities, “says one of the conclusions of the report approved yesterday by the ‘Assembly.
Cristina Cornejo, from the FMLN, explained that Arriaza Noies had ceased to be director of the PNC from the moment the Assembly endorsed the report, that is, from yesterday. He added that if President Nayib Bukele breaches this mandate he would also be incurring the crime of “disobedience”.
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According to Cornejo, the report does not need to go through the Executive, meaning that Bukele will not have the power to veto it, as the Assembly only informs him of the decision taken. “Because it’s unique, it’s only communicated to him,” he noted.
Bukele spoke yesterday at an event held in Mozote. “I will ignore them, because the Constitution does not give them that power,” he said.
According to Cornejo, if Bukele does not abide by the provisions of the Assembly, the crime of “disobedience” under Article 322 of the Penal Code is punishable by imprisonment from six months to one year and special disqualification for the exercise of employment or office for equal time.
In his opinion Bukele will challenge what was approved by Congress, as last night the Government sent a call for the inauguration of a police station in Corinth, Morazán, where Arriaza Noies will always be acting as director of the Police.
Marcela Galeas, a criminal lawyer, mentioned that if Bukele disobeys the order, he would have to go through a pre-trial process in order to remove the law and that the Constitution details the steps to be followed if necessary.
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The report’s conclusions reflect that the actions taken before and during February 9, 2020, “constituted an offense to the Salvadoran democratic system and division of powers, consuming even in a limited time, a real coup d’etat. State against the Assembly “.
That the director of the Police participated in the “intimidation of deputies” before and on the same date of the “irruption, having even come to knock on the doors of the homes of these officials, and personal bet on them.”
As for the Minister of Defense, Francis Merino Monroy, the Assembly says that he must also be “removed from office (…) for not representing with his actions the nature and professionalism of the military institute, provided to the Constitution and the Peace Accords “.
Whereas in the case of Bukele, the deputies point out that a “hostile attitude” towards the Assembly has persisted, through its ministers, who refuse to collaborate in different legislative commissions in which its presence has been required. Nidia Diaz, of the FMLN, told the plenary yesterday that Bukele has committed the crime of “sedition.”
The report says Bukele is using his ministers to implement a “new form of pressure to get loans approved and not make transparent the disposition and execution of the large funds the executive body has had this year.”
For all of the above, the report emphasizes that notifying the Prosecutor’s Office of this report “urgently” to investigate “the possible commission of crimes” by the officials mentioned here and also involve the Presidential Chief of Staff , Manuel Antonio Acevedo and the Chief of the Joint Staff of the Armed Forces, Carlos Alberto Tejada Murcia.