Weekly Newsletters - Understanding the New Institutional Crisis
1. UNDERSTANDING THE NEW
INSTITUTIONAL CRISIS!
August 22nd, 2013
Recently, the Contentious-administrative Chamber admitted claims which seek to
separate the magistrates of the Supreme Court of Justice elected in 2009, including the four magistrates of the Constitutional Chamber (instance which has proved
to be independent and has pronounced sentences that permit Salvadorans certain
control over the acts of politicians).
These claims were admitted, although having defects in matters of substance and
form, proving that the motivation of the Contentious-administrative Chamber
could be more political than judicial in this case, falling in the game of manipulating our more independent officials.
What is the Contentiousadministrative Chamber?
Is the court in charge of judging the legality of the acts of the Public Administration.
It does not have any jurisdiction over political or government acts, as the appointment of the magistrates of the Supreme Court of Justice in 2009.
ORIGIN OF THE PROBLEM
In the last years, thanks to emblematic sentences (vote by face, prohibition of the “secret account”, cancellation of political parties which did not get enough votes for surviving, nullification of double election of officers and great transparency advances)
the Constitutional Chamber has earned enemies in the Salvadoran political class.
As a reaction to these sentences, we have seen constant attempts to undermine the judicial independence:
In 2011, our congressmen approved the decree 743 which sought to tie the Constitutional Chamber´s hands.
In 2012, with the assistance of a locksmith, illegitimate congressmen and magistrates took over the Supreme Court of Justice.
The creation of a commission which investigates maliciously the appointments of the brave magistrates.
This new attempt, using another Chamber of the Supreme Court of Justice, seeking to separate the magistrates of their positions and to stop the advances in the POLITICAL POWER CONTROL.
WHY IS THIS SUCH A GRAVE PROBLEM?
Because the citizens are letting our guard down and getting used to these constant attacks to judicial independence.
Because the amount of technical terms makes us believe that only the lawyers lose, when the reality is that we all lose.
Because the institutions which should serve you, are being used like tools for vengeance of the officers who have acted independently.
Because each day passed without judicial independence, is one more day in which your rights and freedoms are at risk.
WHAT SIDE DO YOU WANT TO BE ON?
The side of the Salvadorans who defend the institutions and understand that the state
governed by the rule of law is the key to progress.
The side of those who use the government for their own advantage and think that their
personal interests are more important than the institutions which protect our rights.