The decision to demand the immediate removal of Maurici Arriaza Noies is enshrined in Article 131 of the Constitution.
Article 131 of the Constitution of the Republic obliges President Bukele to abide by the dismissal of the director of the National Civil Police, Mauricio Arriaza, for serious human rights violations, after being recommended by the Legislative Assembly, lawyers explained constitutionalists.
By provision it says: “Art. 131.- It corresponds to the Legislative Assembly … To say it to the Presidency of the Republic the destitution of the ministers of State; or to the corresponding organisms, the one of civil servants of independent official institutions, when it deems it appropriate, as a result of the investigation of its special commissions or the interpellation, as the case may be.The resolution of the Assembly shall be binding when it relates to the heads of public security or intelligence. state violence due to serious human rights violations. “
The recommendation to dismiss Arriaza was approved on Thursday with 58 qualified majority votes for his participation in the irruption of Army troops and police units, led by President Bukele, in the Blue Hall of the Assembly, in which it was considered a failed coup.
SEE ALSO: Assembly orders immediate dismissal of police director by 9F
Art. 131. Ordinal 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 perpetrated on February 9, 2020 , so that the request of the deputies becomes binding, that is, that President Nayib Bukele is obliged to abide by it, as stated by the constitutionalist lawyers René Hernández Valent and Francisco Bertrand Galindo.
“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.
In this regard, the final report of the Assembly approved yesterday determines that Arriaza Girls participate in the acts of “intimidation” in the homes of several opposition deputies, on February 8, 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.
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 made to the mandate of the Assembly to dismiss the director of the Police, the constitutionalist lawyers explain that he incurs in 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 is 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.