Wednesday, 13 November 2013

What Was Behind the Closure of Tutela Legal in El Salvador?

Julia Young, a professor of Latin American History at The Catholic University of America, Ricardo Cevallos, partner at Consortium Centro America Abogados in El Salvador, and I have comments in the Inter-American Dialogue's Latin American Advisor answering What Was Behind the Closure of Tutela Legal in El Salvador?

Julia writes about the importance of Tutela Legal's archives and that
If the law is overturned, the documents in Tutela Legal's archives would provide crucial  evidence for future human rights cases. Thus, some activists and scholars argue that the closure of Tutela Legal is an effort to obstruct justice. Until the Salvadoran church offers a forthright explanation, however, the archbishop's true motives are unknown.
Ricardo believes that even if the Constitutional Court rules that the amnesty law is unconstitutional, it will not rule that the entire law is unconstitutional. He also believes that El Salvador is
unprepared to face such a strong challenge to the political structure that has been built from the peace agreements, but judging from recent Supreme Court decisions, anything can happen.
I concluded with
Given the changing nature of the archbishop's discourse, I suspect that the decision was related to the possibility that the attorney general would seek access to the office's documents in order to overturn the 1993 amnesty law which the archbishop opposes. Even if the Constitutional Court annuls the amnesty, however, it is not clear how many cases would move forward given the country's 10-year statute of limitations.
We're all speculating of course. Will the court strike down the entire law or part of it? What crimes will be open to prosecution, if any? How will a case move forward with Quijano or Sanchez Ceren in the presidency? Lots of legal and political uncertainty.

[Aryeh Neier also shared his thoughts a few weeks ago in an interesting post.]

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