Judicial System in El Salvador Must Remain Independent - UN Expert
New York, Nov 27 2012 - A United Nations expert today urged El Salvador to ensure the independence of its judicial system and comply with its decisions to avoid a constitutional
crisis such as the one it experienced earlier this year.
"Decisions of judicial authorities cannot and should not be interpreted by other organs of the State; they must be
complied with," said the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, at the end of her
visit to the Latin American country.
While she welcomed the democratic advances made in recent years, she stressed that the country still faces many
challenges regarding the autonomy of the judicial system.
"The institutional crisis between the Constitutional Chamber of the Supreme Court of Justice and the Legislative
Assembly risks undermining the independence of the judiciary and the principle of separation of powers," warned Ms.
Knaul, recalling that existing international human rights standards require all governmental and other institutions to
respect the independence of the judiciary, and that inappropriate or unwarranted interferences with the judicial process
are inadmissible.
According to media reports, on 5 June the Constitutional Chamber of the Supreme Court ruled that two previous elections
of Supreme Court magistrates by the National Assembly were unconstitutional and ordered new elections for 15 judges and
their alternates. The National Assembly appealed this decision to the Central American Court of Justice, which ruled in
the Assembly's favour, causing the Constitutional Chamber to argue that the multinational court did not have authority
over the country's Government branches and leading to a constitutional crisis.
Ms. Knaul said the crisis demonstrated that the current procedure for the appointment of magistrates of the Supreme
Court did not provide sufficient guarantees to ensure that they are selected on the basis of fair and objective
criteria.
"The Legislative Assembly should review the procedure, so as to ensure that judges and magistrates are appointed solely
on the basis of their qualification, and not on the basis of their actual or presumed proximity to political parties,"
Ms. Knaul said.
She also expressed concern about the Legislative Assembly's failure to appoint a new Attorney-General of the Republic
and noted he or she would have a crucial role in guaranteeing legality, combating corruption and impunity and protecting
human rights and fundamental freedoms.
"The new Attorney-General should be appointed solely on the basis of his/her integrity, independence, competence and
ability and through an open and transparent process," she added.
During her eight-day mission, Ms. Knaul held meetings in the capital, San Salvador, and Santa Ana with senior Government
officials, the Legislative Assembly, Supreme Court magistrates, judges, prosecutors, international and local
non-governmental organizations, and UN agencies.
Independent experts, or special rapporteurs, are appointed in an honorary capacity by the Geneva-based UN Human Rights
Council to examine and report back on a country situation or a specific human rights theme. Ms. Knaul is scheduled to
present her report on her visit to the Council in June 2013.
For more details go to UN News Centre at http://www.un.org/news
ENDS