Regulatory possibilities for the creation and operation of an International Commission against Impunity in El Salvador (CICIES)

Abstract

This article outlines the direction the mandate of the International Commission against Impunity in El Salvador (CICIES) should take in order to have a sufficient sovereign-constitutional basis that allows for its creation and operation without difficulties or opposition. It also explains the substantive and social rationale that would justify the advisability of establishing a commission of this nature. Furthermore, it specifies how the international agreement containing its mandate should be signed and ratified to ensure that its contribution to the judicial system is effective and efficient. This commission could be established and operate without constitutional or legal reforms; however, to ensure the overcoming of any regulatory obstacles, the involvement of the Legislative Assembly is essential. Furthermore, the paper describes the scope of action for this commission within the Salvadoran judicial system, with or without legal reforms, both in investigative work and in the prosecution of criminal cases. It also mentions how civil society could support or rely on this commission to bring charges, with or without the involvement of the Attorney General’s Office (FGR). Attention is also drawn to the need for this commission to be autonomous in many respects, in order to ensure the integrity of the technical criteria guiding its work, although the report highlights the desirability of its contributing to strengthening the FGR’s investigative and prosecutorial capacities in the medium to long term. Furthermore, the various forms of inspection, oversight, and supervision to which it might be subject are mentioned. Finally, the text reflects on the urgency, advisability, and necessity of ensuring that a commission of this nature, dedicated to combating impunity, is not limited to hearing corruption cases but also includes the investigation of other criminal acts related to the current violence.