World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 


Judicial System in El Salvador Must Remain Independent

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

© Scoop Media

 
 
 
 
 
World Headlines

 

Leaked: UK Counter-Terrorism Training Material

The PREVENT Strategy has permeated all aspects of public life in the UK. It is important that the training provided to public sector workers to implement the strategy is scrutinised for its empiricism. To this end, CAGE has released the most comprehensive leak of PREVENT training material so far. More>>

ALSO:

Weather: Aid Urgently Needed For Drought-Stricken Ethiopia

As the severity of ongoing drought in Ethiopia is exacerbated by the arid effects of ‘super El Nino’, ChildFund New Zealand is appealing to more New Zealanders to contribute to their growing aid response. More>>

'Very Concerned' After Court Ruling: UNHRC On Transfer Of 267 People From Australia To Nauru

Most of these people were reportedly brought to Australia from Nauru to receive medical treatment and are in a fragile physical and mental state. The group includes more than 12 women and at least one child who have allegedly suffered sexual assault or harassment while in Nauru. The group also includes 37 children born in Australia. More>>

ALSO:

Sanctions To Be Lifted: NZ Welcomes Implementation Of Iran Nuclear Deal

Duty Minister Nikki Kaye has welcomed the next stage in the historic nuclear deal between Iran, the Five Permanent (P5) members of the United Nations Security Council, and Germany... “New Zealand has now started the domestic process for removing the UN sanctions." More>>

ALSO:

Pre-Davos Reports: 62 People Own Same Wealth As Half The World

Runaway inequality has created a world where 62 people own as much wealth as the poorest half of the world’s population – a figure that has fallen from 388 just five years ago, according to an Oxfam report published today ahead of the annual gathering of the world’s financial and political elites in Davos.. More>>

ALSO:

Jakarta: UN Secretary-General On Attacks

The Secretary-General condemns the bombings and gun attacks in Jakarta today... there is absolutely no justification for such acts of terrorism. He hopes the perpetrators of today's attacks will be swiftly brought to justice. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
World
Search Scoop  
 
 
Powered by Vodafone
NZ independent news