Arriaza Chicas faced criminal charges for the crime of breach of duties. The Prosecutor’s Office said that this resolution was due to procedural errors of the Assembly when it came to substantiating the urgency for the Minister of Finance to appear.
The Fifth Court of Peace of San Salvador this afternoon definitively dismissed the director of the Police, Mauricio Arriaza Chicas, of the crime of breach of duties for which he faced criminal charges.
The judge argued that the order issued by the Legislative Assembly to urgently bring the Minister of Finance lacked factual and legal arguments.
After knowing the resolution, the Prosecutor’s Office considered that it was due to procedural errors of the Assembly in this case. “If the Legislative Assembly had based the urgency differently, surely the decision would be different, because as director of the Police it is due to the Constitution,” said the prosecutor in the case.
In addition, after dismissing Arriaza Chicas, the judge also reprimanded him. “You must submit to the rule of law, not of men. Not worth a tweet, not worth a call. We do not live in a monarchy, you must submit to the rule of law, “he told the police director.
Arriaza was criminally charged by the Prosecutor’s Office for the crime of breach of duties after he refused to present the Minister of Finance, Alejandro Zelaya, before a commission of the Legislative Assembly to render accounts on the use of public funds during the emergency of the COVID-19.
The Commission ordered the director of the PNC to bring the Minister of Finance to appear; However, Arriaza did not comply with the order for which he was prosecuted. The commission investigated the placement and destination of funds in Letes, Bonds and other securities issued by the Government of El Salvador, in the framework of the coronavirus pandemic.
According to the Prosecutor’s Office, Arriaza Chicas excused himself from complying with the order to take Zelaya, arguing that the use of public force is governed by the principle of “last ratio”, as a limit to the exercise of power in relation to fundamental rights and that with Based on the reasons that Zelaya stated, he, as director of the police corporation, determined that the Minister of Finance had just cause for not having attended the summons.
For their part, Arriaza Chicas’ lawyers argued that the order issued by the Assembly for the police director to urgently bring Minister Zelaya was not legal.
Assembly approved removal of Arriaza Chicas by 9F
Parallel to the judicial process he was facing for breach of duties, the Legislative Assembly recently issued a statement notifying the diplomatic corps accredited in the country and the Prosecutor’s Office about the dismissal of Arriaza Chicas as director of the Police for violation of human rights.
The document was issued by the Special Commission that investigated the events that occurred before, during and after the militarization of the Legislative Assembly, on February 9.
The deputies approved on December 17 with 58 votes, 10 against and three abstentions the binding dismissal of the Director of Police, Mauricio Arriaza Girls, for “serious human rights violations” due to the events that occurred on February 9. However, President Bukele stated that he would not comply with this order.