Article 5 of the Magna Carta makes it clear that Salvadorans cannot be allowed to enter the territory.
Without underestimating the dangers that a new strain of COVID-19 can close, two prominent constitutionalist lawyers reminded the Nayib Bukele government that the Constitution prohibits it from preventing the entry of Salvadorans. The same thing was already banned by the Constitutional Chamber of the Supreme Court last September in a ruling.
Lawyers Rubén Zamora and Enrique Anaya do not hesitate to point out that President Bukele cannot eventually leave Salvadorans from Europe stranded abroad, so they recommend that he look for other legal health mechanisms.
First, says Anaya, such a decision must emanate from authorities in the matter, with reasonable and well-founded measures, and “not depend on the humor of the president.” “In any case, once a resolution is issued, the entry ban cannot include Salvadorans … Measures such as quarantine in the house or examinations can be established, but it is unconstitutional to prevent the entry of Salvadorans and leave them to the Salvadorans. limbo, “remarked the lawyer, a member of the Ibero-American Institute of Constitutional Law.
“It cannot be that the arbitrary and unilateral will of the incumbent governor affects the Salvadorans,” he stressed.
For his part, lawyer Rubén Zamora stressed that “Salvadorans have the right to enter. They cannot prevent them from entering.”
“He (Bukele) has no authority (for this kind of decisions). Only the Assembly,” he explained.
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Article 5 states that “no Salvadoran may be expatriated, or prohibited from entering the territory of the Republic, or denied a passport for his return or other identification documents.”
Salvadoran and foreign residents can enter the country and, if the specialized medical authority so decides, quarantine them, without falling into the arbitrariness and illegalities that were reported in the confinement and that the Constitutional Chamber he repudiated, the professionals agreed.
Preventing the entry of Salvadorans at this time not only violates the Constitution, but also the rulings of the Chamber in this regard, they have warned.
El Salvador has joined the list of countries banning the entry of flights from the United Kingdom and South Africa due to the emergence of a new strain of VOCID-19.
As reported by President Bukele, the ban includes people who have been in these countries for the past 30 days. The duration of the restriction is still unknown.
Travelers who are barred from entering are from England, Scotland, Wales and Northern Ireland.
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Last September, the Constitutional Chamber of the Supreme Court of Justice (SCJ) ruled that “no authority can deny Salvadorans entry into the territory upon arrival at San Óscar Arnulfo Romero y Galdámez International Airport, or any other authorized point of entry from abroad “. The above was due to the fact that the immigration authorities required the PCR test on newcomers to the national territory.
The magistrates of the Chamber also warned that “the prohibition of the entry of Salvadorans and foreigners permanently resident in the terms explained, if materialized, would violate a precautionary measure and therefore will have no effect.”