Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-organica-de-la-inspectoria-general-de-seguridad-publica/archivo_documento_legislativo
1. Decree No. 815 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that in accordance with article 159 of the Constitution, which States that public safety will be carried out by the National Civil Police, which will be a professional body, which will be responsible for the functions of police urban and rural police ensuring order Security and quiet public, as well as collaboration in the procedure of investigation of crime, and this in accordance with the law and strict respect for human rights.
II.-that the ordinal 17) of article 168 of the Constitution, established between the powers and duties of the President of the Republic, "organize, lead and maintain the National Civil Police for safeguarding peace, tranquillity, order and public safety, both in urban and in the rural, with strict adherence to respect for human rights and under the direction of civilian authorities".
III. that in virtue of article 26 of the law organic of the police National Civil, issued by Legislative Decree N ° 653, dated 06 December 2001, published in the official journal N ° 240, Tome N ° 353, 19 of that same month and year, created the Office of Inspector General of the police National Civil, organ which would deploy its powers under the authority of the Director-General , with the primary function of "monitor and control the actions of the operational services of the police force".
IV.-that through Decree Executive No. 4, dated January 27, 1995, published in the official journal N ° 19, take N ° 326, of the 27th of the same month and year, the President of the Republic, issued the "regulation of the Inspectorate General of the police National Civil".
Therefore, use of his constitutional powers and at the initiative of the members José Antonio Almendáriz Rivas, Carlos Mario Zambrano Campos, Ana Lucía Baires of Martinez and Ramon Aristides Valencia Arana.
Next DECRETAla: law organic of the INSPECTORATE GENERAL of public security.
2 title I provisions general chapter only object article 1.-the Inspector General of public security, is a body control and control of the public security institutions and shall exercise its functions under the authority of the Minister of Justice and public safety, which will function in accordance with the provisions of the present law.
Title II of the INSPECTORATE GENERAL chapter i. creation and competence article 2-create the Inspectorate-General of public security, which hereinafter is referred to as "The Inspector General", which will be attached to the Ministry of Justice and public security.
It will work with its own budget, legal personality and own patrimony. It shall be governed by the provisions of this Act, its regulations and other regulations which applies.
Article 3.-the General Inspectorate will have competition control and supervision of the actions of the operational services and management of PNC and the National Civil Police and the National Academy of public security or ANSPS, with special observance to the respect of human rights.
Article 4.-the General Inspectorate shall exercise their functions inside and outside the national territory, to do this you must create decentralized offices, being headquartered in San Salvador.
Article 5.-the Inspectorate General, for the fulfilment of its mandate, shall have the following functions: to) will oversee the strict adherence to the legality of the actions of members of the police Corporation and the goals of the Academy, according to the rules which govern it;
(b) to monitor and control the functioning of all organs, agencies, units, and operational services and management of the National Civil Police and the national public security Academy;
(c) monitoring compliance with respect for human rights in the activities of the members of the PNC and ANSP;
(d) ensure compliance with the code of police conduct and the ethics which requires the exercise of the functions of the National Civil Police;
3 e) supervise the conduct of public servants of the ANSP and the students according to the ethical principles governing the civil service and curriculum compliance with previously approved by the Academic Council of the ANSP, of agreement as stipulated in the basic law;
(f) assess and monitor plans, programmes, instruments, and police procedures, in order to promote that they are respectful and guarantor of laws, national and international;
(g) verifying compliance with a proper management of personnel and resources institutional in the PNC and ANSP;
(h) monitor the implementation of the disciplinary regime at the National Academy of public security and the National Civil Police, pursuant to the rule governing both institutions;
(i) receive and investigate and give respective pending complaints of citizens about the actions of the members of the PNC and ANSP;
j) initiate disciplinary proceedings for serious and very serious misconduct committed by members of the police institution and the national public security Academy;
(k) to exercise the functional direction of the internal disciplinary investigation of the PNC and ANSP;
(l) requiring heads of the PNC and ANSP, the reports of investigations into cases which the present law;
(m) send to the competent authorities where configure offences or misdemeanours penalties committed by personnel of the police institution and the national public security Academy; and, n) others which would give the legal system in general.
Article 6.-knowledge of cases by the Office of Inspector General shall be ex officio or through notices, complaints, and complaints, which may be brought by natural or legal persons who feel aggrieved by staff of both institutions.
Article 7.-the Director-General of the National Civil Police and the national public security Academy, should provide ex officio, the Inspector General plans, programs and instructions relevant or necessary to establish legal situations; as well as any other instrument governing the work of the members of the police Corporation and the National Academy of public security, in order to comply with the provisions of the present law.
Article 8.-with regard to the implementation of the discipline, is obligation of all units of the police National Civil and the national public security Academy, to provide to the Inspector General, the information and documentation that it requires, for the fulfilment of its powers.
4 article 9.-the Inspector General by the Inspector General, may make agreements on technical cooperation, scientific and academic, with related institutions to the needs and performance of the same.
Chapter II Organization of the INSPECTOR GENERAL Art. 10.-El Inspector General, will be appointed by the President of the Republic, of a triplet that the Minister of Justice and public security, will be presented after consultation of the Attorney General of the Republic and the Procurator for the defence of human rights, according to their competence.
Article 11.-to be Inspector General is required to be Salvadoran by birth, of apparent competence and morality, more than thirty years of age, college degree and knowledge in the Area of public security and human rights, be the enjoyment of the rights of citizens and have been for five years prior to his appointment, and not have a criminal record.
Article 12.-constitutes disqualification for the exercise of the office of Inspector General as follows: to) be spouse or relative within the fourth degree of consanguinity or second of affinity of the following officials: President or Vice-President of the Republic, appointed to the Presidency of the Republic, Minister or Deputy Minister of Justice and public safety, National Defense Minister bouquet , Judges of the Supreme Court of Justice, holders of the Public Ministry, Director General of the National Civil Police, General Director, National Academy of public security, of the members of the Academic Council of the National Academy of public security and Deputy Director General of the police National Civil;
(b) be shareholder or have owners relatives up to the fourth degree of consanguinity or second of affinity, in companies of private security or import and marketing of weapons and ammunition;
(c) not be solvent with the Treasury, Court of accounts of the Republic, Attorney General of the Republic and be condemned by the Office of the Procurator for the defence of human rights; and, (d) a police or criminal history.
Article 13.-the office of Inspector General is incompatible with the performance of another public office and the exercise of private, remunerated activities; except the nature educational, cultural or scientific, if not hinders the proper and timely performance of the responsibilities of his office.
Art. 14.-El Inspector General, will exercise the charge for a period of three years and shall cease in the exercise of the office before the expiry of the period, by resignation or removal to make the President of the Republic, in the following cases: 5) where there is a serious breach of their obligations;
(b) by physical or mental disability that hinders the exercise of office;
(c) where there is firm conviction for fraudulent offense; a
(d) suspension or loss of citizen rights;
e) for private or professional conduct unethical, not proven;
(f) to claim the position to exercise improper and illegal; influences and, g) loss of confidence.
Article 15.-corresponds to the Inspector General: to) direct the activities of the Inspector General, and their correct administration;
b) exercise judicial and extra-judicial representation of the General Inspectorate;
(c) designate legal guardians when required;
(d) prepare and send the draft budget and wage system of the General Inspectorate to the Ministry of Justice and public security, for their respective consideration and approval;
(e) to appoint, hire and dismiss the staff of the Inspector General;
(f) to conduct or require investigations as it deems necessary;
(g) promote the disciplinary action, being part in the respective process;
(h) permanently monitor the unrestricted fulfilment of human rights, in the police service and in the workplace of the ANSP, also conduct investigations of violations of these rights;
(i) advise the Minister of Justice and public security in the areas of its competence; and j) others that are conferred him by this law, the police disciplinary law, the organic law of the ANSP and the legal system in general.
Article 16.-the General Inspector shall investigate and instruct disciplinary proceedings, when it is for serious and very serious misconduct to have knowledge of them by any means, or if it was coming.
6. are included in these faults all the intentional criminal offences and those which seriously affect the institutional image.
The Inspector General must know cases in the administrative disciplinary scope without prejudice to other research at any institution.
Article 17.-the Inspector General will have delegates to the different delegations and units of the National Civil Police and the national public security Academy, which shall issue the corresponding agreement.
Representatives of the Inspector General in each demarcation terr itorial, will be referred to as delegates of the General Inspectorate.
Chapter III of the Deputy INSPECTOR-GENERAL article 18.-to be appointed Deputy General Inspector must meet the same requirements as to be Inspector General.
He shall be appointed by the Inspector General, after consulting the Minister of Justice and public safety.
Article 19.-the disqualifications and incompatibilities provided for in Arts. 12 and 13 of this Act with respect to the Inspector General, it shall also apply to the Deputy Inspector-General.
The Deputy Inspector-General shall cease its functions when it sees the Inspector-General, under the causes set forth in article 14 of this law.
Article 20.-the Inspector General Deputy, during the period for which it is named, will replace Inspector General in case of absence, vacations, illness or reasons of force majeure and in such conditions will have all the powers conferred to the Inspector General.
Also corresponds to the Assistant Inspector General, meet the powers and obligations of the Inspector General, entrusted to the enforcement of this Act.
Chapter IV of the PERSONAL, the structure internal and the dependencies of CONTROL internal article 21.-the personal of the Inspectorate-General shall enjoy employment stability, and they may only cesar in the exercise of their duties due to prior and legal due process, except those who are considered trusted.
Positions of trust, those which prive the personal considerations of security, confidence, loyalty and probity in the designated person in addition to the professional and technical capacity are considered.
7 will be positions of trust for the Inspectorate-General, advisors, headquarters, directions, external consultants, Deputy Inspector General and those who play charges of strict confidentiality.
Article 22.-the Inspectorate General will be integrated by the following departments: to) complaints and denunciations;
(b) professional liability);
(c) investigation of the disciplinary faults;
(d) disciplinary proceedings;
e) Supervision of the police service;
(f) monitoring of academic activities and formation of the ANSP;
(g) statistics and analysis; and, h) Administration and finance.
Without limiting the foregoing, the Inspector General may create other departments, delegation offices or units, be they administrative, territorial or technical, for the proper fulfilment of the powers of the Inspectorate-General, after consultation and approval of the Minister of Justice and public security.
The functions that correspond to dependencies that the Inspector General, believes will be established by rules of procedure, that this official shall file with the Minister of Justice and public security, for proper approval and publication by the executive body.
Article 23.-the Department of complaints and allegations will have offices in each departmental capital of the country, being its functions as follows: to) receive, analyze, process, record and investigate complaints and complaints by citizens concerning the operation of the operational services, management and the professional conduct of members of the National Civil Police and the national public security Academy;
b) guiding users on the services corresponding to provide the National Civil Police and the national public security Academy, when the situation raised by the interested parties do not constitute a matter within its competence, shall refer the competent institution;
(c) to propose the opening of preliminary investigations, as appropriate to the Inspector General, or their delegates, such decisions be made;
(d) carry out and safeguard the previous inquiries, guaranteeing confidentiality;
8 e) prepare and submit reports to the Inspector General, of the outcome of the initial inquiries.
f) keep a full record of complaints and complaints received in different units of the Inspectorate-General; and, g) other related matter and which are required by official media by the Inspector General.
Article 24.-corresponds to the Department's professional responsibility, fulfill the following responsibilities: to) monitor, control and supervise the professional conduct of members of the National Civil Police and the Inspectorate-General, in the exercise of their functions;
(b) know and dispose of the reports issued by the police chiefs, on cases of non-compliance of police discipline relating to professional ethics, committed by the personnel in charge;
(c) promote activities aimed at ensuring compliance with the code of police conduct and ethics which requires the exercise of the functions corresponding to the National Civil Police;
(d) promote actions or relevant disciplinary proceedings in case of abuse in the exercise of the police function, violations of human rights, professional ethics and gender-based violence; (and e) recommend prevention measures which reduce or eliminate the recurrence of conduct constituting infringements to the disciplinary regime of the ethical and professional conduct.
Article 25.-the Department of research of the faults disciplinary, shall have the following functions: to) verify compliance with the police disciplinary regime, with unrestricted respect for the principle of legality;
b) initiate research on the resolutions issued by the Department of complaints and allegations, which have been authorized by the Inspector General or their delegates;
(c) supervise and oversee the performance of the Control and disciplinary investigation units, as of the professional ethics of the National Civil Police;
(d) to exercise the management of disciplinary procedures, in cases of serious and very serious, attributed failures to members of the National Civil Police;
9 e) investigate or instruct, in coordination with other police units, the disciplinary procedure, in the cases regulated in the present law and the police disciplinary law;
(f) review and analyze disciplinary files kept for the knowledge of serious and very serious faults;
(g) charges before the competent disciplinary courts, in cases of serious and very serious misconduct;
(h) express or answering grievances, on the application of the remedies of appeal;
(i) develop specific audits of cases and disciplinary cases;
j) ensure the confidentiality of investigations, as stipulated by the present law and the police disciplinary law; y, k) evaluate and issue recommendations on the functioning of the police disciplinary regime.
Article 26.-the Department of Supervision of services of PNC and ANSP, corresponds: to) monitor and control of the operational units and services management of the Civil national police, through its staff and units Control and disciplinary investigation and human rights;
b) regularly assess the implementation and results of the police operational plans, regarding the fulfillment of the basic principles on human rights and professional responsibility;
(c) coordinate with the units control and human rights of the police National Civil, inspection and research activities, the Department of the national civil police, and regional delegations in order to assess compliance with human rights and professional ethics;
(d) make observations and recommendations, to the processes of monitoring and control of the disciplinary regime of the national civil police, as compliance with equity and not gender-based violence; and,
(e) evaluate and make recommendations regarding the police performance in the routine provision of services, situations of national emergency and specialized units of the national civil police.
Article 27.-the Department of statistics and analysis, shall perform the following functions: to) keep a statistical record, with respect to grievances, complaints and processes of job, rammed through the General Inspectorate; as well as the resolutions issued by the disciplinary courts;
10 b) perform periodic studies and statistical surveys, based on the indicators of professional ethics, deontology, implementation of the police disciplinary regime and compliance with equity and not gender-based violence;
(c) establish means of coordination and logistical support for the feedback of statistical information pertaining to the functions of the Inspectorate-General;
(d) to coordinate with the units involved in the implementation of the police disciplinary law, the periodic delivery of the necessary statistical information for the preparation of the relevant reports;
(e) make reports and recommendations, concerning violations, abuses or mistakes made by members of the National Civil Police, in the exercise of their functions; and, f) prepare reports and recommendations, the result of the actions carried out by the Inspectorate-General.
Article 28.-the Department of administration and finance, will develop activities related to the Areas of budget, Treasury, accounting, auditing, procurement and shopping, human resources, among other necessary for the proper administration of the Inspectorate-General.
This Department will have the following functions: to) propose consideration of the Inspector General guidelines and regulations which are established for the Administration and institutional finance;
b) secure the mechanisms of planning, organization, direction, control and evaluation of institutional resources;
(c) advising the other institutional units, in the application of the rules and procedures of public administration;
(d) establish the link with the Directorates-General of the SAFI subsystems and entities and bodies of the public administration, in terms of technical activities, flows and information records and other issues arising in the implementation of financial management; (and e) fulfil all the other responsibilities established in the regulation of this law and the technical standards issued by the Inspector General.
Article 29.-the General Inspectorate shall have a documentation centre, for the file of records of proceedings and disciplinary proceedings, books and computer records, as well as the reports of the work of the institution.
11 title III of the power of CONTROL and SUPERVISION article 30.-the Inspector General shall be entitled to issue guidelines that will contribute to the work of the human rights, Control and disciplinary investigation units in the exercise of supervision, inspection and control of the members of the PNC and ANSP, which will be submitted for approval by the Minister of Justice and public safety so that by their means be made effective in the police institution.
Article 31.-in cases deemed appropriate by the Inspector General, will be directly relevant checks and inspections.
The Inspector General, Deputy, or their delegates, will require human rights units, Control, disciplinary investigation of the PNC disciplinary investigation of the ANSP, reports on investigations of acts related to the exercise of policing and ethics of members of both institutions, which violate the discipline, human rights, equity and not gender-based violence.
Article 32.-officials or public employees in charge of the proceedings or inquiries sent to the Inspector General report, together with the documentation that serve as a backup to the same, all with the respective approval of the head of the respective unit.
The delegates of the General Inspectorate may request extensions of the reports, which it deems necessary, disciplinary or lacking professional ethics investigations.
Article 33.-the report of inspection and control must contain at least the following elements: a) Division, unit, delegation, sub-delegation, jobs, Department or services inspected, by adding the name and category of the responsible party;
(b) itemized list of verified elements;
(c) deficiencies, deficiencies or dysfunctions observed;
(d) allegations of the responsible of the service;
(e) presentation or proposal to test if any;
(g) proposals, suggestions and recommendations; and, h) any circumstances of interest.
12 title IV of the reports article 34.-the Inspector General must file annual report, compliance with professional ethics, respect for human rights and the disciplinary regime of the PNC and ANSP, the Minister of Justice and public safety, with a copy to the Director of the Civil National's police, of the national public security Academy and the Procurator for the defence of human rights.
Article 35.-based on the report stipulated in the previous article, the Inspector-General shall submit to the Minister of Justice and public security, the necessary recommendations to correct and overcome identified deficiencies.
Title V of the regime financial and PATRIMONIAL article 36.-the heritage of the Inspectorate-General, will be constituted by: a) resources which the State confers initially and those received from the Ministry of Justice and public security;
(b) assignments annually established by its budget; and, c) resources received under programs of assistance from Governments or national and international agencies.
The annual budget as the departure of wages, will be made through the Ministry of Justice and public safety. Other attributions of fiscal year, must be met in accordance with the relevant laws of matter.
Article 37.-the General Inspectorate shall be subject to the control of the Court of accounts of the Republic.
Title VI provisions, transitional, repeal and effective article 38.-the Inspectorate General, created by this law, it will begin operations with budgetary allocations that have been established you through the National Civil Police, until given the budget and own resources.
The staff of the Inspectorate-General of the police National Civil, which is contracted before the entry into force of this law, will become part of the new institution created as Inspector General of public safety by this law, without loss of acquired rights.
13. the movable property of the current Inspector General, are transferred by Ministry of law, as a contribution of the State to the heritage of the institution that is created by this law.
Article 39.-the President of the Republic within the period of ninety days from the entry into force of this law, shall issue the corresponding regulations for the application and operation of the same.
Article 40.-While it is not emitted the internal regulation of the General Inspectorate of public security, the unit will operate through guidelines issued by the Inspector General.
Article 41.-repeal of the regulation of the Inspector General of the police National Civil, issued by the President of the Republic, through the Decree Executive No. 4, dated January 27, 1995, published in the Official Journal No. 19, vol. 326, dated 27 of that same month and year.
Article 42.-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, to the two days of the month of October in the year two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, LORRAINE GUADALUPE PENA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
14 presidential House: San Salvador, twenty-eight days of the month of October in the year two thousand fourteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernandez, Minister of Justice and public security.
D. o. No. 202 volume no. 405 date: October 30, 2014.
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