Supreme Court of El Salvador
Encyclopedia
The Supreme Court of Justice of El Salvador is the highest court of El Salvador
. The court sits in San Salvador
. The current president is Judge José Belarmino Jaime
, who has held the position for three consecutive terms.
for nine-year terms, which are reviewed every three years. A two-thirds vote of legislators is necessary. Under the 1983 Constitution of El Salvador
, the legislature also designates one judge as the President of the Supreme Court. This person is also then the head of the judicial branch and the Constitutional Court.
Article 176 of the Constitution establishes the criteria for a Supreme Court judgeship:
Notes:
¹ President of the Supreme Court and the Constitutional Court
² President of the respective chambers.
) and also the first Supreme Court. Choosing the president was a simple matter, but the Supreme Court less so. The law mandated that the members of the court be elected by popular vote, and by the Legislative Assembly if no one obtained a majority. Finally, Congress chose the following people for the first Supreme Court:
This court began its work on April 25, 1825.
Following the end of the Salvadoran Civil War, the Commission on the Truth for El Salvador
and the Ad Hoc Commission
identified weaknesses in the judiciary and recommended solutions, the most dramatic being the replacement of all the judges on the Supreme Court. This recommendation was fulfilled in 1994 when an entirely new court was elected.
On the other hand, the Supreme Court will decide against the executive branch, demonstrating some independence. There is constant battle between the judicial and executive branch over the application of the anti-gang
laws.
But at the national level, the Supreme Court is criticized for being too dependent on the legislative branch, who is responsible for naming the judges. At the time of election of judges, the different parties negotiate their votes, and the election is usually a form of political compromise. Judges are also thought to be of varied quality throughout the country, and in some places, cases take a very long time and many years are spent resolving controversial cases. The Constitutional Court has also been criticized for taking too long to issue decisions, which some say results in justice delayed too long.
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
. The court sits in San Salvador
San Salvador
The city of San Salvador the capital and largest city of El Salvador, which has been designated a Gamma World City. Its complete name is La Ciudad de Gran San Salvador...
. The current president is Judge José Belarmino Jaime
José Belarmino Jaime
José Belarmino Jaime is the new President of El Salvador's Supreme Court. He was elected by the national legislative assembly in 2009. -References:...
, who has held the position for three consecutive terms.
Composition and criteria
The Supreme Court is part of the judicial branch of El Salvador. It is composed of 15 judges and an equal number of substitutes. The magistrates are elected by the Legislative Assembly of El SalvadorLegislative Assembly of El Salvador
The Legislative Assembly is the legislative branch of the government of El Salvador.The Salvadoran legislature is a unicameral body....
for nine-year terms, which are reviewed every three years. A two-thirds vote of legislators is necessary. Under the 1983 Constitution of El Salvador
Constitution of El Salvador
The current constitution was put in place in 1983 and amended in 2003.-Provisions of the 1983 constitution:The Constitution of 1983 is in many ways quite similar to the constitution of 1962, often incorporating verbatim passages from the earlier document...
, the legislature also designates one judge as the President of the Supreme Court. This person is also then the head of the judicial branch and the Constitutional Court.
Article 176 of the Constitution establishes the criteria for a Supreme Court judgeship:
- Born in El Salvador
- "Belong to the secular state"
- More than 40 years old
- Be an Attorney of the Republic
- Be of good moral character and good reputation for competence
- have been a Second Instance Magistrate for six years or a First Instance Magistrate for nine years, or have practiced law for ten years' minimum before joining the court.
- Have not been deprived of any privileges of citizenship in the last six years
Organization and functions
The Supreme Court is organized into four courts:- Constitutional Court, with five judges. According to Article 174 of the constitution, the court is the only tribunal to decide cases related to:
- the constitutionality of laws, decrees, and regulations
- amparoAmparo (law)The writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions...
(constitutional protection except for physical liberty, covered by habeas) - habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
- controversies between the legislative and executive branches
- Administrative Disputes Court, with four judges. This court hears cases related to:
- Controversies between the public administration and "los particulares" related to administrative remedies
- Civil Court, three judges, charged with:
- Appeals in civil, economic, labor and family matters
- Criminal Court, three judges
- Appeals in criminal cases.
Current members
In 2007, the Supreme Court consisted of the following judges:| |
|
|
|
| President | Agustín García Calderón¹ | Constitutional | 2000 |
| Judge | Victoria Marina de Avilés | Constitutional | 2000 |
| Judge | Néstor Mauricio Castaneda Soto | Constitutional | 2003 |
| Judge | Julio Enrique Acosta Baires | Constitutional | 2000 |
| Judge | Mauricio Alfredo Clará | Constitutional | 2003 |
| Judge | Mauricio Ernesto Velasco Zelaya | Civil | 2000 |
| Judge | Mirna Antonieta Perla Jiménez | Civil | 2003 |
| Judge | Mario Francisco Valdivieso Castaneda² | Civil | 2006 |
| Judge | Ulises del Dios Guzmán Canjura | Criminal | 2003 |
| Judge | Miguel Alberto Trejo Escobar | Criminal | 2006 |
| Judge | Rosa María Fortín Huezo² | Criminal | 2006 |
| Judge | Miguel Ángel Cardoza Ayala | Administrative | 2003 |
| Judge | Marcel Orestes Posada | Administrative | 2003 |
| Judge | Lolly Claros de Ayala² | Administrative | 2006 |
| Judge | Evelyn Roxana Nuñez Franco | Administrative | 2006 |
Notes:
¹ President of the Supreme Court and the Constitutional Court
² President of the respective chambers.
History
On April 21, 1825, the National Congress chose a President of the Central American Republic (Manuel José ArceManuel José Arce
General Manuel José Arce y Fagoaga was a decorated General and president of the Federal Republic of Central America from 1825 to 1829.- Background :...
) and also the first Supreme Court. Choosing the president was a simple matter, but the Supreme Court less so. The law mandated that the members of the court be elected by popular vote, and by the Legislative Assembly if no one obtained a majority. Finally, Congress chose the following people for the first Supreme Court:
- President Tomás O'HoránTomas O'HoranTomás Antonio O'Horán y Argüello was a Mexican lawyer, magistrate and senator, resident most of his life in Mérida, Yucatán in Mexico....
, a notable attorney from Yucatán who had played an important role in the colonial regime. Following independence, he became a politician in Guatemala. - Antonio Rivera Cabezas
- Mariano Gálvez
- Justo Berrera
- José Manuel de la Cerda
- Marcial Zebadísa
- Alejandro Díaz Cabeza de Vaca.
This court began its work on April 25, 1825.
Following the end of the Salvadoran Civil War, the Commission on the Truth for El Salvador
Commission on the Truth for El Salvador
The Truth Commission for El Salvador was a truth commission established by the United Nations to investigate and report on human rights abuses during the civil war in El Salvador ....
and the Ad Hoc Commission
Ad Hoc Commission
The Ad Hoc Commission was a human rights commission in El Salvador, established as part of the peace accords which ended the Salvadoran Civil War...
identified weaknesses in the judiciary and recommended solutions, the most dramatic being the replacement of all the judges on the Supreme Court. This recommendation was fulfilled in 1994 when an entirely new court was elected.
Criticism
One problem the Supreme Court needs to solve is the speed with which the courts resolve criminal cases. In 2000, for example, some 48% of prisoners did not have a firm sentence.On the other hand, the Supreme Court will decide against the executive branch, demonstrating some independence. There is constant battle between the judicial and executive branch over the application of the anti-gang
Gang
A gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
laws.
But at the national level, the Supreme Court is criticized for being too dependent on the legislative branch, who is responsible for naming the judges. At the time of election of judges, the different parties negotiate their votes, and the election is usually a form of political compromise. Judges are also thought to be of varied quality throughout the country, and in some places, cases take a very long time and many years are spent resolving controversial cases. The Constitutional Court has also been criticized for taking too long to issue decisions, which some say results in justice delayed too long.