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Peace Agreements Digital Collection: El Salvador

Chapter III
Judicial System

  1. National Council of the Judiciary

    1. The Parties reaffirm that, as already agreed in the Mexico Agreements, the composition of the National Council of the Judiciary shall be such as to guarantee its independence from the organs of the State and from political parties and its membership shall, as far as possible, include not only judges but also sectors of society not directly connected with the administration of justice. In accordance with the New York Agreement, they refer the matter to COPAZ to prepare the corresponding preliminary legislative draft.

    2. Judicial Training School

      1. Pursuant to the Mexico Agreements, the preliminary draft referred to in the preceding paragraph shall include provisions regulating the Judicial Training School, which shall function under the responsibility of the National Council of the Judiciary and whose purpose shall be to ensure a steady improvement in the professional training of judges and other judicial officials and of members of the Office of the Attorney-General of the Republic; to investigate the country's judicial problems and promote solutions thereto; and to foster greater bonds of solidarity among members of the judiciary and a coherent overall vision of the function of the judiciary in a democratic State.

      2. The rules for the administration and organization of the Judicial Training School shall be such as to ensure its academic independence and its openness to the various schools of legal thought.

  2. Office of the National Counsel for the Defence of Human Rights

    1. The National Counsel for the Defence of Human Rights shall be appointed within 90 days following the entry into force of the constitutional reform resulting from the Mexico Agreements.

    2. COPAZ shall be entrusted with preparing the preliminary bill organizing the Office of the National Counsel for the Defence of Human Rights.

    3. The preliminary bill shall establish appropriate means for putting into effect the firm commitment assumed by the Parties in the course of the negotiations to identify and eradicate any groups which engage in a systematic practice of human rights violations, in particular, arbitrary arrests, abductions and summary executions, as well as other attempts on the liberty, integrity and security of persons. This includes the commitment to identify and, where appropriate, abolish and dismantle any clandestine jail or place of detention. In any event, the Parties agree to give top priority to the investigation of such cases, under ONUSAL verification.


    Chapter IV
    Electoral System

    The Parties reaffirm their commitment, made in the Mexico Agreements, to promote a comprehensive proposal for reform of the electoral system. To that end, they request COPAZ to appoint the Special Commission envisaged for that purpose in the Mexico Agreements. That Commission shall study the preliminary draft amendments to the Electoral Code submitted to the Legislative Assembly by the Central Board of Elections, as well as any proposals put forward by its members or by independent experts invited for that purpose. The Special Commission shall organize its work in such a way that the results can be used within the time-limits set for the reform of the electoral system.


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Posted by USIP Library on: April 16 2001
Source Name: The United Nations and El Salvador 1990-1995, United Nations Blue Books Series, vol. IV. (New York: United Nations, Dept. of Public Information, 1995), 205-206.
Source Document Number: U.N. Doc. No. A/46/864-S/23501
Date digitized: March 2 2001

 


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