Judges and magistrates reject reforms approved by the bureaucracy that strike judicial independence

Dozens of Chamber magistrates, as well as Justices of the Peace and First Instance judges, poured themselves this afternoon into the facilities of the Isidre Menéndez Judicial Center in San Salvador to express their rejection of the reform of the approved judicial career. Tuesday night by the official deputies of the Legislative Assembly.

Judicial officials said they “strongly reject” the reform decree, which, when it comes into force, will force all judges and magistrates over the age of 60 to be removed from office.

Some judges commented that the decree is discriminatory and violates the dignity of judges and magistrates. “Without a mask; let them see our faces … how corrupt we are,” said a judge when Judge José Alberto Franco finished reading a statement backed by more than half a hundred judges.

Magistrates, chamber judges and justices of the peace of San Salvador, ruled that day before the decree issued by the legislative assembly on Tuesday night. Video EDH / Jorge Beltran

The rally of judges began at 2:00 pm and at 2:30 they read a seven-point statement in which they raised their rejection of the legislative decree ordering reforms to the Judicial Career Act, “for to be offensive and unworthy of judicial investiture. “

The judges made several remarks on why the said legislative decree is unconstitutional.

“We will resort to national and international legal bodies to restore the Constitutional and democratic state of law, severely affected by this decree,” said judges and magistrates who say that for the purge of members of the judiciary there are institutional mechanisms that determine the manner of sanctioning or removing magistrates and judges.

With the entry into force of such a decree, approximately 156 judges and magistrates would be removed from office, some of whose courts are aware of important cases. One of these judges would be Jorge Guzmán, who leads the process of the Mozote Massacre. Analysts have agreed to call it a “purge” and a further step in consolidating the coup from officialdom to democracy.

According to the statement in which the judges express their position, this reform is unconstitutional and violates the judicial independence established in Art. 172 of the Constitution of the Republic.

The main argument is that, as lawyer Ruth Eleonora López had already warned, initiatives to reform the judicial career can come only from this body, so that the deputies of the official benches violated Art. 133, ordinal 3rd, of the Constitution, in addition that there was no basis to support the dispensation of procedure in the procedure followed by the deputies.

Judges and magistrates also emphasize that this reform will violate various constitutional rights once it enters into force, mainly the rights to work, job stability, equality, human dignity, due process. and the legal security of the affected judicial officials.

You can read: Officialism gives new “deadly blow” to judicial independence

Therefore, the attendees condemned and rejected this mass dismissal that they would face when the decree becomes effective, so they assured that they will approach all the necessary instances, both national and international “to restore the state Constitutional and democratic law that has been severely affected by this decree, “according to the statement issued by judicial officials.

In addition, they have pointed out that pre-established institutional mechanisms already exist that determine how magistrates and judges can be sanctioned or removed, under due process.

Judges and magistrates from the eastern area also expressed their rejection

On the other hand, judges and magistrates in the eastern area also joined the rejection of recent reforms passed by pro-government deputies to remove judges over 60 from their posts.

The judges of the departments of the Union, Morazán, Usulután and San Miguel concentrated on Wednesday in the facilities of the Judicial Center of San Miguel, where they gave a conference to present their energetic protest against the decisions of the deputies.

In the ruling, they demand that the Supreme Court of Justice properly defend its exclusivity in the bill and the independence of the Judiciary, which is the only neutral body called to maintain the democratic balance and curb abuses. of power.

For their part, the judges and magistrates of the Judicial Center of Santa Tecla, in La Llibertat, also joined the rejection of the reform and added that the decree was based on allegations of corruption without show evidence and without following a due process.

Faced with this, they called on the general population, civil society organizations, the diplomatic corps installed in the country and all international bodies working on human rights issues to condemn this “despicable”. act carried out by the official deputies of the Legislative Assembly.

Read also: Deputies ignored Constitution and sentences to strike again against the judiciary

Likewise, the Center for Legal Studies (CEJ) also rejected the arbitrary and unconstitutional dismissal of judges, magistrates and prosecutors, for not complying with legal requirements, nor for complying with the due process for expelling judges over 60 years of age. .

The Center for Legal Studies rejects the arbitrary and unconstitutional dismissal of judges, magistrates and prosecutors.#Communication pic.twitter.com/2621DWEXfR

– CentroEstudiosJcos (@cej_sv) September 1, 2021

This proposal to reform the judicial career, approved yesterday by the deputies, comes four months after the deputies aligned with the Government of Nayib Bukele, dealt a head-on blow to the Judiciary by dismissing the five magistrates of the Constitutional Chamber. of the Supreme Court, imposing five illegitimate magistrates and without the selection process stipulated by the Magna Carta.

René Portillo Quadra, head of the ARENA faction, stated yesterday that this is an offense on the balance of power and that it is a follow-up to the blow to the balance of power given on May 1, when, in more than the magistrates of the Constitutional Chamber, the Attorney General of the Republic was also dismissed.

“If there is anything to be ashamed of, it is for those who vote for this decree, try to read what they are told by the Presidential House. Do not give the country to a dictatorship, try to do the right thing,” said Portillo Quadra. “This time they did pass!”, He demanded before the proposal was put to a vote in plenary.

More related content:

“This authoritarian wave is to seize the judiciary and prevent independent prosecutors,” says a UN rapporteur.

Lawyer files unconstitutionality against election of magistrate Elsy Dueñas

“Three months after 1 M, it’s time for the people to make their voices heard”: Judge Antonio Durán