By: Norma Villalobos, Mario Costa.
By means of Legislative Decree No. 333, the Legislative Assembly of the Republic of El Salvador approved the declaration of the Exception Regime throughout the national territory due to the serious disturbances to the public order by criminal groups that threaten the life and security of the population .
In this sense, by means of the approved Decree, the constitutional rights and guarantees regulated in articles 7, 12 second paragraph, 13 second paragraph and 24, in relation to article 131 ordinal 27 and article 29 of the Constitution of the Republic of El Salvador are suspended for a period of 30 days as of its effectiveness.
- Right of Free Association (Art. 7 Cn): Contains the right of all inhabitants of El Salvador to associate freely and to assemble peacefully and without arms for any lawful purpose.
The President of the Republic of El Salvador has communicated to date, through social networks, that religious services, sporting events, commerce, study, and other similar activities, can continue to develop normally.
- Right to be informed of their rights and reasons for detention (Art. 12 inc 2): This guarantee allows that every detained person is informed immediately and comprehensively of their rights and the reasons for their detention and may not be forced to testify; it also guarantees the assistance of a defender in the proceedings of the auxiliary organs of justice and in judicial processes.
During the validity of the Regime of Exception, a person may be detained by the authority without being immediately and comprehensively informed of the reasons for his detention and being guaranteed the assignment of a defense counsel.
- Duration of administrative detention (Art, 13 inc. 2 Cn): It states that administrative detention shall not exceed 72 hours, within which time the detainee must be sent to the order of the competent judge.
During the validity of the State of Exception, a person detained by the public security authorities may remain detained without being placed before a judge for the entire period of the Decree.
- Inviolability of correspondence and telecommunications (Art. 24 Cn): It establishes that correspondence of all kinds is inviolable, while it prohibits the interference and intervention of telecommunications, except by court order in an exceptional manner in a proceeding.
During the Emergency Regime, the public security authorities may intercept correspondence and intervene telecommunications to reestablish security in the territory.
The Legislative Decree declaring the national territory as “Exception Regime” is in force for 30 days as of the date of its publication, that is, March 27, 2022.