Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/se-deja-sin-efecto-la-reserva-expresa-establecida-en-el-decreto-legislativo-no.-833-del-23-de-marzo-de-1994/archivo_documento_legislativo
DECREE No. 311 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That by Legislative Decree No. 833, dated March 23, 1994, published in the Official Gazette No. 92, Volume No. 323, of May 19 of that year, the Government of the Republic of El Salvador ratified the Convention against Torture and Other Cruel, Inhuman or Degrading.
II. At the time of ratification of the Convention, Reserve Express was made to the provisions on extradition, which contravene the provisions of the Constitution of the Republic, which stated that can not be stipulated extradition in respect of nationals under any circumstances, or concerning aliens for political offenses, although a result of these ordinary offenses; and the provisions of the Convention relating to non-recognition of the competence of the Committee against Torture, as well as the non-recognition of the jurisdiction of the International Court of Justice to adjudicate disputes that may arise regarding the interpretation or application of Convention.
III. The instrument of ratification of the Republic of El Salvador to the Convention against Torture and Other Cruel, Inhuman or Degrading not contemplate the express reservation, so it is not registered with the General Secretariat of the Organization of the United Nations, as depositary thereof; so and as a result, the Fed took effect no internationally.
IV. That by Legislative Decree No. 56, dated July 6, 2000, published in the Official Gazette No. 128, Volume No. 348, 10 of that same year, effective date, the Art reformed. 28 of the Constitution of the Republic, regarding the prohibition of extradition of nationals, allowing it to regulate, in accordance with the provisions of international treaties and that it proceed in the case of Salvadorans, if the corresponding treaty expressly established and has It has been approved by the Legislature of the signatory countries.
V. That becomes inescapable provide accompaniment as a country, international agencies created to protect and safeguard human rights enshrined in international instruments to which El Salvador is a party; so the Salvadoran State has already accepted control mechanisms of the various international systems of human rights protection, as a way to promote the strengthening of the National System of Protection of Human Rights; therefore, consistent with this position, the competence of the Committee against Torture is recognized, in accordance with the form set out in Art. 28, No. 2 of the Convention against Torture and
Other Cruel, Inhuman or Degrading.
VI. The International Court of Justice is the principal judicial organ of the United Nations in accordance with the provisions of its Charter; so that, when the Republic of El Salvador State Party to the United Nations and committed to the content and effective implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading, it is necessary to recognize the competence of the International Court of Justice, to take cognizance of disputes arising exclusively in relation to the interpretation or application of the Convention against Torture and Other Cruel, Inhuman or Degrading.
VII. That in order to provide comprehensive protection of human rights of Salvadorans, it is essential to consider the recommendations and observations emanating from the various international mechanisms for protecting human rights.
VIII. That under the previous recitals, it is determined that the issues that led to this reserve have been overcome, so it is appropriate to annul it.
in exercise of its constitutional powers and initiative of the President of the Republic, 2009-2014 five-year period, through the then Minister of Foreign Affairs. DECREES
Art. Let void 1. Expresses Reserve established in Legislative Decree No. 833, dated March 23, 1994, published in the Official Journal No. 92, Volume No. 323, May 19 the same year, in the which comprises the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading, and consequently repeals Art. 1 letter 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 ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the sixteenth day of March in the year two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the twelfth day of April in the year two thousand and sixteen.
Published, Salvador Sanchez Ceren,
President of the Republic.
Hugo Roger Martínez Bonilla, Minister of Foreign Affairs.
OJ No. 67 Volume No. 411 Date: April 13, 2016
GM / IELP 05/03/2016
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