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The legislature selects Supreme Court judges in a flawed process

The legislature selects Supreme Court judges in a flawed process

Without a detailed process of comparison or objective elements, the Governing Body agreed on the list of attorneys to create the High Court.

The legislature was preparing Tuesday night to swear in five lawyers who will complete the full session of the Supreme Court from tomorrow until 2030.

A few hours ago, Christian Guevara, the head of the New Ideas area, asked for a full session to re-elect attorney Oscar Lopez Gerais as head of the Supreme Court. Lopez Jெrs was inaugurated on May 1, 2021, after the governing body illegally dismissed the constitutional chamber. Lopez Gerres will serve as chairman of the Supreme Court until 2024, during which time he will complete the functions of the post.

Oscar Lopez, despite being forcibly imposed as magistrate of the constitution chamber on May 1
Jerus was “re-elected” as head of the Supreme Court. Photo assembly

In addition, Guevara yesterday launched an effort to select only five privileged judges of the Supreme Court, which was backed by PCN vice-president Reynolds Cardoza. The replacement magistrate will then be selected.

See also: “Interviews (for candidates) are useless” says Supreme Court Judge Elected Attorney

At the end of this note, at 10 pm, Sandra Loos Sikas, Jose Glamaco Valiant, Miguel Angel Flores Durrell, Alex David Moroquin and Enrique Alberto Portillo are due to take office in full session.

1. Sandra Loose Sikas 11 votes of the Political Commission

National Coordinator of Public Defenders in the Office of the Attorney General of the Republic. He is currently the Chief Justice of the Criminal Room of the Fourth Division of the Center.

Photo courtesy Assembly

2. Jose Clamco Valiant of the Political Commission 11 votes

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Deputy Director of Hydrocarbons and Mines of the Ministry of Economy.

Photo courtesy Assembly

3. Miguel Engel Flores Durrell of the Political Commission 11 votes

Attorney. He participated in the investigation, preparation and instruction of the first charge of money laundering and property fraud in El Salvador.

Photo courtesy

4. 11 votes of the Political Commission of Alex David Morocco

Republican attorney, owner of the Chamber Magistrate for Children and Adolescents.

Photo courtesy

5. Enrique Alberto Portillo 11 votes of the Political Commission

Dr. in Private Law
Director of the Board of Directors of Banco Hippitorio (2013 to present).
Founder and CEO of Empressa Commercial (1994 to present)
Special Advocate in Civil and Commercial Affairs (2003 to 2006)

Photo courtesy

Opposition parties opposed the process

Johnny Wright, a deputy with Nuestro Timebo, said he had not put forward any plans because of the abuse of the process and the lack of discussion.

Anabel Belloso, of FMLN, said Newas Ideas wanted to “lie” and hoped the full session would decide when to select who would take office.

For his part, George Castro of New Ideas, in support of the practice, said, “Each area has examined the suitability of each candidate. .

Disadvantages of the exam

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The lack of clarity in the criteria taken into account in evaluating and weighing candidates for magistrates is a common class among lawyers who closely followed the election process held last night in the legislature.

Eduardo Escobar, executive director of Axion Ciudadana, believes that the suitability of the candidates presented in the different lists has not been verified, while the practice of handing over lists to each constituency during the full session “breaks the established procedure” (RIAL) of the legislature, and points out: “they change the order; This is an advanced practice. “

Jose Marinero, attorney general and chairman of the Fundamental Democracy Transparency y Justice (DDJ), added that the refined list was the duty of the Political Commission under Section 99 of the RIL, but it was not done in session, as each section presented a proposal before the final election.

See also: The decision to fully elect Supreme Court judges is left to the Political Commission

Both lawyers agree with Christian Guevara’s proposal for new ideas for the “re-election” of Judge Oscar Lopez Jக்கப்பட்டres, who was appointed to the Constitutional Court, because re-election could not take place because Lopez Jஸ்r வைக்கz was pro-government during a conspiracy against the judiciary on May 1.

Escobar points out that another reason for not being able to send him to the judiciary was that he could not be considered because he was not on the lists sent by the National Council for Justice. “It is unconstitutional to re-elect someone who is unconstitutional (…) pro-government representatives are trying to strengthen regime change,” says Marinero.

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On the other hand, Jose Miguel Vivanco, director of the United States Human Rights Watch, expressed his concern about the election of judges last night by representatives under Buckell’s control.

“In legal terms, judges should be appointed through a transparent and pre-established process to ensure their independence,” Vivanko said.

In the face of this necessary freedom, Escobar and Marinero consider it no surprise that candidates Martin Martinez and Francisco Thias were removed from the lists provided by fractions, for the simple fact that they “have no political affiliation with new ideas.” For opposing May 1’s actions, they conclude.

See also: Lawyer says lawyers who approved 1M conspiracy cannot be magistrates

Lopez Gerres, chairman of the “Docs” Magistrate CSJ

Oscar Lopez Gerres, a member of the panel of lawyers, was forced into pro-government camp on May 1, just minutes after he was granted independence.

On Tuesday, he was “re-elected” as head of the Supreme Court after a majority of the legislature’s governing body agreed to a list of lawyers who would make up the country’s Supreme Court.

According to the judges who consulted El Diario de Hoi, placing him president is illegal because he is not part of any list sent to him by the National Council of the Judiciary. In addition, his position was granted after a conspiracy against the rule of law as he was an illegal magistrate.