By: Norma Villalobos, Mario Costa.

Through Legislative Decree No. 333, the Legislative Assembly of the Republic of El Salvador approved declaring the Exception Regime throughout the national territory derived from serious disturbances to public order by criminal groups that threaten the life and safety of the population.

In this sense, by means of the approved Decree, the rights and constitutional guarantees regulated in articles 30, 7 second paragraph, 12 second paragraph and 13, in relation to article 24, are suspended for a period of 131 days from the validity thereof. ordinal 27 and article 29 of the Constitution of the Republic of El Salvador.

The constitutional rights and guarantees suspended during the validity of the Exception Regime are the following:

• Right of Free Association (Art. 7 Cn): It contains the right of all inhabitants of El Salvador to associate freely and to assemble peacefully and without weapons 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 your rights and reasons for detention (Art. 12 inc 2): This guarantee allows every detained person to be immediately and understandably informed of their rights and the reasons for their detention, and cannot be forced to testify; likewise, it guarantees the assistance of a defender in the proceedings of auxiliary justice bodies and in legal proceedings.

During the validity of the Exception Regime, a person can be detained by the authority without being immediately and understandably informed of the reasons for their detention and being guaranteed the assignment of a defense attorney.

• Length of administrative detention (Art, 13 inc. 2 Cn): It indicates that the administrative detention will not exceed 72 hours, within which the detainee must be consigned to the order of the competent judge.

During the validity of the State of Exception, a person detained by the public security authorities could remain detained without being placed at the order of the Judge, during the entire term of the validity of the Decree.

• Inviolability of correspondence and telecommunications (Art. 24 Cn): Establishes that correspondence of all kinds is inviolable, while prohibiting interference and intervention in telecommunications, except by court order exceptionally in a process.

During the validity of the Exception Regime, the public security authorities may intercept correspondence and intervene in telecommunications, in order to restore security in the territory.

The Legislative Decree that declares the national territory "Exception Regime" is valid for 30 days from the day of its publication, that is, on March 27, 2022.