A judge dismissed a year ago said: “In any other constitutional system, this would be science fiction, but in El Salvador it has become reality.”
A former judge said, the dismissal of the constitutional circuit judges by President Najib Boukeel’s legislative group that took place a year ago was not in accordance with the law.
On their first day in office, Vice President Najib Boukil a year ago rejected the only control of the presidency the presidency: the Constitutional Chamber, five judges elected for the 2018-2027 term and in the same maneuver they imposed. Five government judges.
On that Saturday, May 1, in which deputies presented the ideas of Nuevas for the first time with this unexpected measure, which lawyers deemed unconstitutional because it was not the process dictated by Magna Carta, President Bukele’s conference earned wide international condemnation: from the United States to the United States European Union , the powerful democracies of the world, were confused by the way in which the accelerated measure was being carried out.
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“How did they do that? I would say it was an arbitrary exercise of power, of rights, but it was more than that: it was an excessive abuse of power. They rejected the Constitutional Chamber violating all international constitutional guarantees, processes and standards”, sums up a year after the event the only judge in the Chamber who did not resign that day as did his other four colleagues: Aldo Cádir, Marina Toronto, Carlos Sánchez and Armando Pineda.
The dismissed judge still couldn’t believe what stunned the world by the rush of the decision to gather new ideas, which the world also thought in amazement.
“The executive, an oversight body, orders the legislature to dismiss the council and instead impose lawyers who control it. In any constitutional system, that would be science fiction, but that is reality here in El Salvador,” says Aviles, without testifying to what It happened on the 1st of May.
The former official explains in simple words what the government gained from this maneuver, which was denounced as unconstitutional by the same chamber that issued a decision that afternoon that enforced his accusations.
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He explained that “the chamber is issuing an order that what the council was doing is removing the executive body and also the main and most important control that the judiciary exercises over other bodies.”
It also explains in legal terms the consequences of imposing instead judges allied to the two bodies of state, abolishing any separation of powers.
The constitutional rule of law is annihilated. The constitutional standard loses its supremacy, and its actual power regresses to its mere formal existence, taking us back nearly 200 years. It means that the organic distribution of functions is broken at this time because all the functions have been taken up by one member. Even worse, the guarantee of protection of fundamental rights, guarantee and effective protection has been abolished.