Aug
Politics, Rights for Youth and Women
Public Disorder Reforms Passed – August 18, 2007
Public Disorder Reforms Passed amidst much Debate
August 18, 2007
Amidst politically polarized and often heated debate, the Salvadoran Legislative Assembly passed a reform to Article 348 of the Penal Code on Thursday, increasing jail time for public disorder for up to 8 years. Likewise, the Assembly approved reforms to Article 294 of the Penal Process which would prohibit conditional release or probation for persons charged or convicted with public disorder.
With the bare minimum number of simple majority votes (43 of 84 Senators in favor), the Nationalist Republican Alliance (ARENA) and National Conciliation Party (PCN) parties passed the reform, despite criticism from the Farabundo Martí National Liberation party (FMLN), the Christian Democrat Party (PDC), CD parties. ARENA Senator Guillermo Avila Quehl defended the reform as founded in the Salvadoran Constitution, even as the FMLN party threatened to take the law reform to the Supreme Court as unconstitutional, and accused the reform of being politically motivated, with an eye on squelching protest and violating the right to free expression as the 2009 elections approach and ARENA fears a strong FMLN Presidential candidate.
As the Assembly was reviewing the law, protesters surrounded Government Center in downtown San Salvador and presented a petition to the Assembly demanding they not approve the reforms. The social organizations denounced the Assembly for attempting to disregard the Constitution, and permanently implement a legal “State of Exception,” which according to the Salvadoran Constitution is a suspension of civil liberties which may only be implemented in times of war or national emergency, and is the only time constitutional rights may be usurped.
Some Senators opposed to the law criticized ARENA and PCN parties´ unwillingness to hear testimony from civil society and social organizations in the Legislative Commission charged with reviewing the law reform proposal. Meanwhile, the PDC party had approved the reforms until early this week, when they changed their party line in response to public pressure, particularly from the organized informal merchants of San Salvador. Nevertheless, their votes against the reform were insignificant.
Maria Silvia Guillén, lawyer from the Foundation for the Study of the Application of Law (FESPAD), said “fifteen years ago, we began this process of democratization in the country, sadly, right now we find ourselves in a disturbing return to authoritarianism in all the achievements that we had made, in terms of civil rights…these are authoritarian and unconstitutional reforms.”
UPDATE 16/01/20 – Avila Quehl was the secretary of the Center of Studies “José Antonio Rodriguez Porth”, a “think tank” through which former president Francisco Flores laundered money that went to the ARENA party even when it was originally donated by Taiwan to help the victims of the earthquake of 2001.
