Over the weekend, El Salvador continued to react to Decree 743, which the Legislative Assembly passed Thursday and President Funes signed into law on Friady. As we posted on Saturday, decree 743 requires all five magistrates of the Constitutional Court to sign off on a decision before it becomes binding. The law is targeted at the four progressive magistrates (Belarmino Jaime, Florentín Meléndez, Rodolfo González y Sidney Blanco) that have taken on several controversial issues since joining the court two years ago.
Salvadorans protested Friday afternoon at the Presidential Palace and again yesterday at the Salvador del Mundo monument in San Salvador, where hundreds gathered. Organizers of the protests have used Facebook, email, text messages, and other social media to increase turnout at events and inform people of the potential importance of the law (click here for the movement’s Facebook page). The protest was notable not so much for its size, but for the diversity of people in attendance. People from all sectors of Salvadoran society were there – rich, poor, and those somewhere in between. (Click here for photos from Sunday’s protest).
Yesterday, the four Magistrates affected by the law issued a statement that the law is unconstitutional and inapplicable. El Mundo reports that they are working on a decision declaring the Decree’s unconstitutionality, and that they will publish it soon. According to the El Mundo article, their announcement may result in a protracted power struggle between the branches of government, as the judiciary fights to maintain its independence from the politics that drive legislators and administration officials.
The FMLN party also issued a statement on Saturday denouncing Decree 743. Their statement criticizes the right wing parties (ARENA, GANA, PNC, and PDC) that together have a majority in the Legislative Assembly, but fail to mention that President Funes, who ran as an FMLN candidate, signed the bill into law.
In addition to the FMLN, Attorney General Romeo Barahona denounced the law stating that it is unreasonable to think that a Constitutional Court can accomplish anything by unanimous vote. Other politicians from the left and right have also expressed concern over the law.
The El Mundo article argues that there are many reasons why right-wing parties would want to shut down the current Constitutional Court. We discussed several controversial decisions in our post on Saturday, but the El Mundo article believes it has more to do with the recent indictments of twenty Salvadorans in a Spanish court for their role in the 1989 murders of the six Jesuit priests, their housekeeper and her daughter (today El Faro posted an interesting article on that case). The current Constitutional Court has indicated that if INTERPOL issues an arrest warrant for anyone associated with that or other international cases, El Salvador must turn them over. Similarly, the El Mundo article believes that the current court is a threat to the amnesty law, which prevents the prosecution of crimes committed during El Salvador’s twelve-year civil war that ended in 1992. If the amnesty law were struck down as unconstitutional, ex-president and current leader of the ARENA party Alfredo Cristiani and many others could be prosecuted for numerous crimes detailed by the UN Truth Commission or other post-war investigations.
Over the past two years, the Constitutional Court has played an important role in strengthening democracy and government in El Salvador, and now the powerful interests they have taken on are striking back. Decree 743 has brought El Salvador to a real crossroads. If the law stands, the Constitution and rule of law will be significantly weakened, and its affects will endure long after the provisions expire in July 2012. If the members of the Constitutional Court and civil society can prevent implementation of Decree 743 and maintain the integrity and independence of the Court, the institution will be stronger for it, and may inspire more Salvadorans to believe in the rule of law and El Salvador’s developing democratic process.