Lawyers consulted by Diari d’Avui claim that the decision of the Assembly to remove Maurici Arriaza Noies from office is covered by Article 131 of the Constitution.
President Nayib Bukele is obliged by Constitution to abide by the mandate of the Assembly to dismiss Maurici Arriaza Girls, from the post of director of the National Civil Police; however, the president states that he will not pay attention because the deputies do not have this power, but according to constitutionalist lawyers, his obligation is not to value the decision of the Assembly, but to abide by it.
“The Constitution says that, if there is this recommendation for dismissal, this request for the president is binding, he has no choice but to comply with it, it does not tell him that he can assess,” said constitutional lawyer René Hernández Valent .
In addition, because this is determined by Article 131 of the Magna Carta and confirmed by the constitutionalist lawyers Hernández Valent, Francisco Bertrand Galindo, Rodolfo González and Daniel Olmedo, who were interviewed by today’s newspaper.
This is due to the fact that the special commission of the Assembly that investigated the events of February 9 that occurred in the military and police raid for the capture of the legislative building, determined that Arriaza Noies committed “serious violations to human rights “before and during what happened on 9F.
And it is in these cases that the Constitution is clear in Article 131 ordinal 37 on the powers of the Assembly with regard to the “binding” power that deputies have to request the President of the Republic to dismiss a civil servant who holds the position of head of public security or director of State Intelligence.
SEE ALSO: Assembly orders immediate dismissal of police director by 9F
Art. 131. Ordinal 37:
The statement quoted on the faculty of the Assembly enshrined in the Constitution reads as follows: “Tell the Presidency of the Republic the dismissal of ministers of state; or the corresponding bodies, that of officials of autonomous official institutions, when it deems it appropriate, as a result of the investigation of its special commissions or the interpellation if applicable.The resolution of the Assembly will be binding when it refers to the heads of public security or intelligence. because of serious human rights violations. “
Olmedo confirmed that “the Legislative Assembly not only makes laws. In the framework of special commissions or interpellations the Assembly may recommend to the President the dismissal of certain officials. In special commissions the Assembly collects entries and evidence “If this investigation finds that the heads of security or intelligence committed serious violations of human rights, then the recommendation is binding here. This is provided for in Article 131 ordinal 37 of the Constitution.” , deepened Olmedo.
However, on the same night this Thursday when the Assembly approved by a qualified majority of 58 votes to make Bukele aware of the report requesting that he dismiss “immediately” Arriaza Girls, the president said in an event in Mozote, which: “I will ignore them. Because the Constitution does not give them that power.”
In this regard, the constitutionalist lawyers, Hernández Valent, Bertrand Galindo, González and Olmedo, agree that Bukele is not responsible for “assessing” the decision of the Assembly, but that his obligation is to abide by the legislative mandate that determined that Arriaza Noies committed “grave violations of human rights” on 9F, so that the deputies’ request becomes binding, meaning that Bukele is obliged to abide by it, according to constitutionalist lawyers.
“The president has to pay attention, otherwise we will have to follow the legal procedures for the resolution to be complied with, it would be via the Public Prosecutor’s Office, the courts or the Constitutional Chamber, the important part is to have determined that there were serious violations human rights, “said Bertrand Galindo.
Hernández Valent also assessed that, if Bukele does not obey, the role of the Public Prosecutor’s Office as a defender of the State will become prevalent in order to make the Constitution and the rights of citizenship prevail. (See separate note).
The final report of the Assembly approved this Thursday determines that Arriaza Girls participate in acts of “intimidation” in the homes of several opposition deputies, a day before 9F.
In addition, that the right to vote was violated by the pressure exerted by the public security authorities on deputies to vote on an issue on which they disagreed, when lawmakers represent the popular will of the citizens in acting in their elected office by public suffrage.
SEE ALSO: Opposition MPs denounced PNC harassing them before and during 9F
This, according to the legislative report and opposition MPs constitutes a violation of the right to vote enshrined in the Constitution as a human right.
“If the Legislative Assembly saw that there were serious violations of human rights (…) and recommends dismissal in a binding manner, the President cannot refuse to comply with it,” said González, a former magistrate of the Chamber. of the Constitutional.
The Organic Law of the Police also expresses the mandate that the director of the police body has with regard to protecting the rights of citizens.
Article 13 of this regulation states that “members of the police must at all times comply with the duties imposed by law, serving the community and protecting all persons against illegal acts, d “in accordance with the high degree of responsibility required for their function; they will respect and protect human dignity; they will maintain and defend the human rights of all people.”
Of the contempt that Bukele has incurred in the mandate of the Assembly to dismiss Arriaza Girls from the position of director of the Police, the constitutionalists explain that he commits the crime of “disobedience” and Arriaza Girls in the one of “usurpation of functions” , both sanctioned by criminal law, so they urged the Attorney General, Raul Melara, to enforce the Constitution of the Republic, in the sense that the mandate of the Assembly be executed.
“The call is for the prosecutor, if the Assembly has already decided, if the President disobeys, the order in case it is already issued, the law is binding only on the Head of Security and the Director of the OIE. It is contradictory for Bukele to say that he is reforming the Constitution to improve it, but he is violating it, “said Hernández Valent.
HIS VISION
“The Constitution says that if there is this recommendation for dismissal, this request for the president (Bukele) is binding, that he has no choice but to comply with it, it does not tell him that he can assess.”
René Hernández Valent. Constitutionalist lawyer
“The President (Bukele) what he has to do is pay attention, otherwise the legal procedures will have to be followed so that the resolution is complied with, it would be via the Public Prosecutor’s Office, the courts or the Constitutional Chamber”
Francisco Bertrand Galindo. Constitutionalist lawyer
“In the special commissions the Assembly collects entries and evidence from different sources. If from this investigation it is found that the heads of security or intelligence committed serious violations of human rights, then here the recommendation is binding. Article 131 ordinal 37 of the Constitution provides “
Daniel Olmedo. Lawyer
“If the Legislature saw that there were serious human rights violations (…) and recommends removal with binding force, the President cannot refuse to comply with it.”
Rodolfo González. Former magistrate of the Chamber.