Analysts agree that criminal authorities are acting outside the law for not obeying a court order
Attorney Marcela Galias points out that it is not up to that government to decide whether to comply with it or not. For her part, Celia Medrano asserted that the government exploits laws and institutions to attack and insult those it considers opponents or critics.
A criminal lawyer and human rights defender agreed that the authorities penal centers They are acting outside the law because they refuse to comply with the 3rd Criminal District’s decision obligating them to send the former mayor of San Salvador, Ernst Mueschund To house arrest with an electronic bracelet.
The criminal lawyer, Marcela Galés, considered that it was not up to the authorities of the penal centers to determine which judicial decisions they would comply with and which they would not.
“The General Directorate of Punitive Centers is obligated to obey them because its function is limited to keeping the accused in custody and detention in the criminal center, which is assisted by the principle of innocence, not evaluating procedural issues because that pertains to the authority,” Galias said.
And it considered that the criminal authorities commit the crime of restricting individual freedom without justification, in accordance with Article 291 of the Penal Code.
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Human rights defender Celia Medrano claimed that court decisions must be followed and if there is no agreement, then recourse can be made to the institutionally established legal mechanisms.
“Failure to comply with a decision of a competent court is an unconstitutional measure that must be observed and punished by a higher court and by authorities obligated to comply with the law,” he said.
“This dynamic, typical of states that respect the constitution and national and international systems, no longer exists as of May 1, 2021,” he added.
Although he says he does not share his ideology or sympathize with Muyshundt, Medrano considers that “the right to due process and respect for judicial authority has been clearly violated in this case”.
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He points out that “the current authorities are losing their credibility more and more, as it becomes clear that the use of laws and institutions as a tool to attack and insult those they consider opponents or critics.”
She added that it “guarantees impunity for all those close to the current authority even if they are referred to as acts of corruption, organized crime and abuse of power on an equal footing or worse, as they are pursued without any guarantees and the rights of those who are not in their interest are violated.”