On May 1, 2021, with the newly inaugurated legislature, Bukele's party, Nuevas Ideas, together with 8 allied deputies, They dismissed the Magistrates of the Constitutional Chamber of the Supreme Court of Justice and the Attorney General of the Republic From El Salvador; illegally and without complying with procedural guarantees.
To all the irregularities that surrounded the dismissal of the magistrates, already denounceable in themselves, is added that in this way judicial independence, a basic element in any self-respecting democracy, is not guaranteed.
This is the story of a regime that moves further away from democracy and the rule of law every day.
Nayib Bukele, a story of accumulation of power
Bukele comes to government in 2019 after a successful electoral campaign in which he seduced Salvadorans with the promise of radically changing a nation that has one of the highest homicide rates in the world.
This purpose was received with hope by the voters, who supported him at the polls.
Since his appointment, the country's president has shown great contempt for separation of powers carrying out actions and decisions that transcend borders and make the international community raise its hands.
A clear example of this was his appearance in Congress accompanied by military and police personnel to demand the approval of a budget for his territorial control plan, part of his project to combat crime. A kind of Show It is unfortunate that it was baptized as the “Bukelazo”.
It was February 2020 and his relationship with Congress and the Supreme Court of Justice (CSJ) has only heated up since then. Among other things, because the Executive Branch has had to stop the president during the coronavirus crisis, who pulled out all the stops. decrees and measures that violated the most fundamental rights of the population.
Bukele even said in a speech that he should have shot all the judges of the Constitutional Chamber for saying that he behaved like a dictator.
Despite this environment, on February 28, 2021, the party created by Nayib Bukele sweeps the legislative elections. The large majority obtained gives him the power to elect and dismiss the Magistrates of the Supreme Court of Justice and the members of the National Judicial Council.
So, if Bukele already wanted the judiciary, now that his majority allows him to get rid of them, on May 1 he dismisses the Magistrates of the Constitutional Chamber of the Supreme Court of Justice and the Attorney General of the Republic .
And now that?
Now we come to the chapter of appointing new magistrates of the Constitutional Chamber of the Supreme Court of Justice.
As expected, it is not done in accordance with the Constitution of the Republic and both The new Magistrates like the Attorney General are related to the government party.
What kind of state can be free without the independence of the Legislative Branch, the Executive Branch and the Judicial Branch?
Surely one that comes dangerously close to a dictatorship.
Reactions due to concern are unleashed internationally
The international response was immediate.
The US Secretary of State, Antony Blinken, called Bukele to express his concern about the dismissal of the judges, which puts democracy at risk.
The American suspicion is joined by that of Europe; The high representative of the Union for Foreign Affairs and Security Policy, Josep Borrell, stated that in El Salvador "the functioning of the rule of law" is being questioned.
This international pressure is reinforced by the Inter-American Commission on Human Rights (IACHR), the Organization of American States (OAS) and organizations such as the Foundation for Justice, which issued a Statement for the independence of the Judiciary in El Salvador in which they make a “calling on the new Deputies of the Legislative Assembly to act in favor of democracy and institutions and to make decisions not in favor of partisan interests, but in favor of Salvadoran society and democracy.”
Human Rights in El Salvador
An abyss is opening up in El Salvador that endangers human rights in general (such as access to justice) and LGTBI human rights in particular, which were already fragile before this situation.
And things happen in El Salvador that violate human rights, such as prison conditions that put the lives of prisoners at risk, unjustified arrests and incarcerations, and limitations on freedom of expression and freedom of the press.
In this context, the LGTBI community is especially helpless in a country where violence and discrimination due to gender diversity issues are brutal even at the hands of the authorities.
President Bukele has made the fight against crime a priority, yes. However, their lack of strategy when it comes to LGBT hate crimes is disturbing.
He seems to have forgotten his past intentions with this group. What's more, when push came to shove he opposed equal marriage and denied his support for legal recognition of the gender of trans people.
All of this increases the fear that, given his control of the judiciary, he will leave aside the defense and recognition of the rights of sexual diversity in El Salvador. Progress that has been seen timidly since the Legislative Assembly recognized the seriousness of gender-related crimes in 2015.
However, even though the Penal Code was modified to include as serious homicides those motivated by hate, including those related to a person's sexual orientation or gender identity, prosecutors have only proposed classifying three homicides as hate crimes. of lesbian, gay, bisexual and transgender (LGBT) people so far.
In all three cases the judges dismissed the hate crime charges and in none of them was a conviction handed down.
With such a panorama, a gender identity law would be required from the Salvadoran government; legislation against discrimination and actions to promote the inclusion of people from the LGBT community, all of them universal human rights.
This is where we have to ask ourselves what can be expected from a government that despises the division of powers and that does not guarantee the protection and security of its entire population.
And it is at this point that international pressure must be brought to bear.
As Amnesty International stated after the dismissal of the judges last May: “The president has made it clear that he will not allow international scrutiny, in doing so he forgets that the Salvadoran State is a signatory of international human rights commitments that must be honored. “It is urgent that the international community be forceful and respond energetically to the events of May 1.”