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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE N ° 311
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I. That by Legislative Decree No 833 dated 23 March 1994, published in Official Journal No 92, Volume No 323 of 19 May of that same year, the Government of the Republic of El Salvador ratified the Convention against Torture and Other Tratos Cruel, inhuman or degrading penalties.
II. That at the time of the ratification of the Convention, the reserve was formulated to the provisions relating to extradition, which contravene the provisions of the Constitution of the Republic, which stated that it will not be possible to stipulate the (a) extradition to nationals in no case, or to foreigners for political offences, even if they result in common offences; and to the provisions of the Convention relating to non-recognition of the jurisdiction of the Committee against Torture, as well as the non-recognition of the International Court of Justice Justice, in order to know the controversies that may arise, in relation to the interpretation or application of the Convention.
III. That the instrument of ratification of the Republic of El Salvador to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, did not contemplate the Reserve, so it is not registered with the Secretariat General of the United Nations Organization, as a depository of the United Nations, and as a result, the Reserve did not take effect at international level.
IV. That by Legislative Decree No. 56 of 6 July 2000, published in Official Journal No 128, Volume N ° 348, of the 10th of the same month and year, in force to date, Art. 28 of the Constitution of the Republic was reformed, in relation to the prohibition of the extradition of nationals, allowing it to be regulated, in accordance with the provisions of the international treaties, and which is applicable in the case of Salvadorans, if the corresponding treaty expressly establishes it and has been approved by the Legislative Body of the subscribing countries.
V. That it becomes inescapable to provide an accompaniment as a country, to the international organizations created in order to protect and safeguard the human rights enshrined in the international instruments of which El Salvador is a party; the Salvadoran State has already accepted mechanisms of control of the different international systems for the protection of human rights, as a way to promote the strengthening of the National System of Protection of Human Rights; in line with this position, the competence of the Committee against Torture, of compliance with the modality set out in Art. 28, No. 2 of the Convention against Torture and
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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Other Cruel, Inhuman, or Degrading Treatment or Punishment.
VI. That the International Court of Justice is constituted in the main judicial body of the United Nations, in accordance with its constitutive Charter; for that reason, being the Republic of El Salvador State Party of the United Nations and Committed to the content and the effective implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it is necessary to recognize the jurisdiction of the International Court of Justice, so that it can disputes arising exclusively in relation to the interpretation or application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
VII. With the aim of providing an integral protection of the human rights of the Salvadorans, it is essential to take into consideration the recommendations and observations emanating from the various international mechanisms of protection of the human rights.
VIII. That under the previous Considerations, it is determined that the aspects that led to the aforementioned reservation have been overcome, so it is pertinent to leave without effect the same.
BY TANTO,
in use of their faculties Constitutional and at the initiative of the President of the Republic, five years 2009-2014, through the then Minister of Foreign Affairs.
DECRETA:
Art. 1.-Leave without effect the Exdam Reserve established in Legislative Decree No. 833 dated March 23, 1994, published in Official Journal No. 92, Volume No. 323 of May 19 of the same year, in which the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and as a consequence, repeal of Art. 1 (a) of that Decree, the part relating to such Reserve.
Art. 2.-This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the sixteen days of the month of March of the year two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, 12 days of the month of April of the year two thousand sixteen.
PUBESLOSE, Salvador Sánchez Cerén,
President of the Republic.
Hugo Roger Martínez Bonilla, Minister of Relations Exteriors.
D. O. N ° 67 Tomo N ° 411 Date: 13 April 2016
GM/ielp 03-05-2016
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