SANTO DOMINGO.- The Plenary of the Dominican Constitutional Court (TC-RD), chaired by magistrate Dr. Milton Ray Guevara, rejected the institutional aggression perpetrated against the Constitutional Chamber of El Salvador, a situation that affects the separation of powers, due process and the validity of the fundamental guarantees.
The magistrates of the TC affirmed that the actions that occurred in that Central American country are part of a “careless, exorbitant and undemocratic exercise of constitutional tools.”
The judges expressed their solidarity with the legitimate Constitutional Chamber of that country, with its titular judges and with the members they intend to replace.
Likewise, they asked organizations such as the Ibero-American Conference on Constitutional Justice and the World Conference of Courts, Tribunals and Constitutional Chambers to use the appropriate channels to express their rejection of this attack against judicial independence, the rule of law and institutionality.
“Let us remember that written constitutions are a mechanism for limiting the power of the rulers and that constitutional justice must guarantee the supremacy of the Magna Carta to ensure a coexistence based on values that allow the development, prosperity and happiness of the peoples” , they expressed in the document.
They expressed that the disagreement between the Executive or Legislative Power regarding decisions issued by a court, tribunal or constitutional chamber does not justify the occurrence of aggressions, mutilations or the elimination of the corresponding jurisdictions.
“Just as there is no spring without flowers, there is also no democracy without constitutional justice, based on its independence and its republican legitimacy. Without constitutional guarantees and without separation of powers, there is no constitutional and democratic state of law, ”they argued.
They highlighted that institutional stability and democratic dialogue are necessary factors for the peoples to move forward in these moments of health and economic crisis due to the existence of the COVID-19 pandemic.
For the members of the TC-RD Plenary, it is important to keep in the memory of citizens that “the guarantee of rights and the separation of powers have been cornerstones of any authentic democracy. Historically, the independence of the judiciary or jurisdictional power has suffered strong attacks by other powers of the State ”.
In addition to the presiding magistrate Dr. Milton Ray Guevara, the Plenary of the Constitutional Court is made up of Rafael Díaz Filpo and Lino Vásquez Sámuel, first and second substitutes for the president; Víctor Joaquín Castellanos Pizano, José Alejandro Ayuso, Alba Luisa Beard Marcos, Manuel Ulises Bonnelly Vega, Justo Pedro Castellanos Khoury, Domingo Gil, María del Carmen Santana de Cabrera, Miguel Valera Montero, José Alejandro Vargas Guerrero and Eunisis Vásquez Acosta.