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ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 815
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That according to Art. 159 of the Constitution, the one that establishes that public security will be in charge of the National Civil Police, that will be a professional body, that will be in charge of the police functions urban and rural police to guarantee order, security and public tranquility, as well as collaboration in the procedure of investigation of the crime, and all in accordance with the Law and strict respect for Human Rights.
II.-That the ordinal 17) of Art. 168 of the Constitution, establishes between the privileges and obligations of the President the Republic, " organize, conduct and maintain the National Civil Police for the protection of peace, tranquility, order and public security, both in the urban and rural areas, with strict adherence to respect for human rights and the direction of civil authorities. '
III.-That under Art. 26 of the Organic Law of the National Civil Police, issued by Legislative Decree No. 653, dated 06 December 2001, published in Official Journal No. 240, Volume No. 353, of the 19th of that same month and year, The General Inspectorate of the National Civil Police was created, an organ that would deploy its powers under the authority of the Director General, with the main function of "monitoring and controlling the actions of the police corps ' operational services."
IV.-That by Executive Decree No. 4, dated January 27, 1995, published in the Official Journal No. 19, Volume No. 326, of the 27th of the same month and year, the President of the Republic, issued the " Regulations of the Inspectorate General of the Police National Civil ".
BY TANTO,
in use of its Constitutional powers and at the initiative of the Deputies José Antonio Almendariz Rivas, Carlos Mario Zambrano Campos, Ana Lucia Baires de Martínez and Ramón Aristides Valencia Arana.
NEXT:
ORGANIC LAW OF THE GENERAL PUBLIC SECURITY INSPECTORATE.
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TITLE I GENERAL PROVISIONS
CHAPTER ONLY OBJECT
Art. 1.-The Inspectorate General of Public Security, is a comptroller and audit body of the Public Security Institutions and will perform its functions under the authority of the Minister of Justice and Public Security, which will function compliance with the provisions of this Law.
TITLE II OF THE GENERAL INSPECTION
CHAPTER I CREATION AND COMPETITION
Art. 2.-Create the General Public Security Inspectorate, which will henceforth be called "The General Inspectorate", which will be attached to the Ministry of Justice and Public Security.
It will work with its own budget, with legal personality and own heritage. It shall be governed by the provisions of this Law, its regulations and other applicable regulations.
Art. 3.-The General Inspectorate shall have jurisdiction over the control and supervision of the operations of the operational and management services of the National Civil Police or PNC and the National Academy of Public Security or ANSP, with special observance to the respect for Human Rights.
Art. 4.-The General Inspectorate will perform its functions, both inside and outside the national territory, for this purpose, to create Decentralized Offices, being its headquarters in San Salvador.
Art. 5.-The General Inspectorate, in order to fulfill its mandate, will have the following powers:
a) It will supervise the strict adherence to the legality of the actions of the members of the Police Corporation and the fulfillment of the objectives of the ANSP, according to the rules that govern it;
b) To monitor and control the functioning of all the organs, dependencies, units, and operational and management services of the National Civil Police and the National Security Academy Public;
c) Monitor compliance with respect for human rights in the actions of the Members of the PNC and the ANSP;
d) Ensuring compliance with the Code of Police Conduct and Ethics that requires the exercise of the functions corresponding to the National Civil Police;
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e) Monitor the conduct of public servants of the ANSP and students according to the ethical principles governing public function and curricular compliance previously approved by the Academic Council of the ANSP, as stipulated in its Organic Law;
f) Evaluate and supervise plans, programs, instruments and police procedures, in order to encourage them to be respectful and guarantors of the National and international laws;
g) Verify compliance with adequate management of personnel and institutional resources in the PNC and the ANSP;
h) Monitor compliance with the disciplinary regime at the Academy National Public Security and the National Civil Police, according to the rules governing both institutions;
i) Receive and investigate and give a corresponding procedure to the citizens ' complaints about the actions of the Members of the PNC and the ANSP;
j) Start disciplinary proceedings for serious and very serious misconduct (k) To exercise the functional direction of the internal disciplinary investigation of the PNC and the ANSP;
l) Require of the heads of the National Police and the National Academy of Public Security;
PNC and ANSP, reports of investigations into cases that fall within the scope of this Law;
m) To issue to the competent authorities cases that may be a criminal offence or criminal offence committed by the staff of the Police Institution. and of the National Academy of Public Security; and,
n) The others that entrust the order legal in general.
Art. 6.-The knowledge of cases by the General Inspectorate will be of office or by means of notices, complaints and complaints, which may be brought by natural or legal persons who feel aggrieved by personnel of both institutions.
Art. 7.-The Director General of the National Civil Police and the National Academy of Public Security shall provide the Inspector General with the appropriate plans, programs and instructions necessary to establish legal situations; as well as any other instrument to regulate the members of the Police Corporation and the National Academy of Public Security, in order to comply with the provisions of this Law.
Art. 8.-With respect to the application of the discipline, it is the duty of all the Units of the National Civil Police and of the National Academy of Public Safety, to provide to the Inspectorate General, the information and documentation that it requires, for compliance with their faculties.
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Art. 9.-The Inspectorate General, through the Inspector General, will be able to carry out Technical, Scientific and Academic Cooperation Conventions, with institutions related to the needs and performance of the same.
CHAPTER II
ORGANIZATION OF THE INSPECTOR GENERAL
Art. 10.-The Inspector General shall be appointed by the President of the Republic, a term to be presented to him by the Minister of Justice and Public Security, after consulting the Attorney General of the Republic and the Attorney General for the Defense of Human Rights. Humans, according to their competence.
Art. 11.-To be Inspector General, it is necessary to be Salvadoran by birth, of morality and of notorious competence, over thirty years of age, with university degree and knowledge in the Area of Public Safety and Human Rights, to be in the enjoyment of the rights of the citizen and to have been five years before his appointment, and not to have a criminal record.
Art. 12.-The following is a disqualification for the exercise of the office of Inspector General:
a) Being a spouse or a relative within the fourth degree of consanguinity or second degree of affinity of the following officials: President or Vice-President of the Republic, Designated to the Presidency of the Republic, Minister or Deputy Minister of the Ramo of Justice and Public Security, Minister of National Defense, Magistrates of the Supreme Court of Justice, Holders of the Public Ministry, Director General of the National Civil Police, Director General of the National Academy of Security Public, members of the Academic Council of the National Academy of Public Security and Deputy Directors General of the National Civil Police;
b) Being a shareholder or having family owners up to the fourth degree of consanguinity or
c) Not to be solvent with the Public Finance, the Court of Auditors of the Republic, the Attorney General's Office, and to be in the process of being condemned by the Attorney General's Office for the Defense of Human Rights; and,
d) Having a history police or criminal.
Art. 13.-The position of Inspector General is incompatible with the performance of another public office and with the exercise of paid private activities; except those of a teaching, cultural or scientific nature, as long as it does not hinder the proper and
Art.
Art. 14.-The Inspector General shall exercise the office for a period of three years and shall cease in the exercise of the office before the expiration of the period, by resignation or removal by the President of the Republic, in the following cases:
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a) Where there is serious breach of your obligations;
b) By physical incapacity or
c) When there is a firm conviction for a crime;
d) Suspension or loss of their citizen's rights;
e) For non-ethical, proven private or professional conduct;
f) By Take the charge to exercise improper and illegal influences; and,
g) Loss of trust.
Art. 15.-Corresponds to the Inspector General:
a) Address the activities of the General Inspectorate and its correct administration;
b) Exercise the judicial and extrajudicial representation of the Inspectorate General;
c) Designate proxies
d) Develop and submit the draft budget and salary system of the General Inspectorate to the Ministry of Justice and Public Security, for their respective consideration and approval;
e) Name, hire and remove staff from the Inspectorate General;
f) Perform or require the
g) Promote disciplinary action, constituting part of the respective process;
h) Permanently monitor the unrestricted compliance with Human Rights, in the police service and in the the work area of the ANSP, in addition to conducting investigations of violations of these rights;
i) Advising the Minister of Justice and Public Security in the areas of his jurisdiction; and,
j) Other matters conferred on him by the present Law, the Police Disciplinary Act, the Organic Law of the ANSP and the legal system in general.
Art. 16.-The Inspector General shall investigate and instruct disciplinary proceedings, when it is for serious and very serious misconduct, having knowledge of them by any means, or when it is appropriate.
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All criminal acts of the criminal offence and those that seriously affect them are included in these offences. the institutional image.
The General Inspectorate must know the cases in the disciplinary administrative field without prejudice to any other investigation in any institution.
Art. 17.-The Inspector General may have delegates to the different delegations and units of the National Civil Police and the National Academy of Public Security, for which he must issue the corresponding agreement.
The representatives of the Inspector General in each terr itorial demarcation, will be called Delegates of the General Inspectorate.
CHAPTER III
OF THE ASSISTANT INSPECTOR GENERAL
Art. 18. To be appointed Deputy Inspector General, the same requirements must be met as to be Inspector General.
It shall be appointed by the Inspector General, after consulting the Minister of Justice and Public Security.
Art. 19.-The disqualifications and incompatibilities established in Arts 12 and 13 of this Law in relation to the Inspector General shall also apply to the Deputy Inspector General.
The Deputy Inspector General shall cease to be in his or her duties. When considered by the Inspector General, under the causes established in Art. 14 of this Law.
Art. 20. The Deputy Inspector General, during the period for which he is appointed, shall replace the Inspector General in the event of absence, vacation, illness or reasons of force majeure and in such circumstances shall have all the powers conferred upon him. Inspector General.
It also corresponds to the Deputy Inspector General, to attend to the duties and obligations entrusted to him by the Inspector General, in order to comply with this Law.
CHAPTER IV
OF THE PERSONAL, LA INTERNAL STRUCTURE AND INTERNAL CONTROL DEPENDENCIES
Art. 21.-The staff of the General Inspectorate shall enjoy job stability, and may only cease in the exercise of their office for legal reason and prior to due process, except those deemed to be of trust.
trust, those who, in addition to professional and technical capacity, deprive personal considerations of security, confidence, loyalty and probity in the designated person.
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It will be trusted positions for the General Inspectorate, the Advisors, Headquarters, Directorates, External Consultants, Deputy Inspector General and those who are in charge of strict confidentiality.
Art. 22.-The General Inspectorate shall be composed of the following Departments:
a) Complaints and Complaints;
b) Professional Responsibility;
c) Investigation of Disciplinary Misconduct;
d) Disciplinary Proceedings;
e) Supervision of the Police Service;
f) Supervision of the Academic and Training Performances of the ANSP;
g) Statistics and Analysis; and,
h) Administration and Finance.
Without prejudice to the foregoing, the Inspector General may create other Departments, Delegation Offices or Dependencies, be they of a character administrative, territorial or technical, for the proper fulfillment of the privileges of the Inspectorate General, after consultation and approval of the Minister of Justice and Public Security.
The functions that will correspond to the Dependencies that the Inspector General believes, they will be established by Rules of Procedure, which must be presented by this official to the Minister of Justice and Public Security, for its due approval and publication by the Executive Body.
Art. 23.-The Department of Complaints and Complaints will have Offices in each departmental head of the country, with the following powers:
a) Receive, analyze, process, register and inquire about the complaints and citizen complaints concerning the operation of the operational, management and professional conduct of the members of the National Civil Police and the National Academy of Public Security;
b) Orienting users on the services to be provided to the National Civil Police and the National Academy of Public Security, when the situation raised by the parties concerned do not constitute matters within their jurisdiction, the competent institution shall refer to it;
c) Propose the opening of prior investigations, where appropriate to the Inspector General or its Delegates, to adopt such decisions;
d) Perform and ressave previous inquiries, ensuring confidentiality;
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e) Elaborate and submit reports to the Inspector General, on the outcome of the inquiries initials;
f) Carry a complete record of complaints and complaints received at different offices of the General Inspectorate; and,
g) Other matters relating to the matter and those required by official means by the Inspector General.
Art. 24.-It is for the Department of Professional Responsibility, to fulfil the following powers:
a) To monitor, control and supervise the professional conduct of the members of the National Civil Police and the General Inspectorate, in the exercise of their duties;
b) Know and dispose of the reports issued by the Police Chiefs, on cases of non-compliance with police discipline regarding professional ethics, committed by the personnel in charge;
c) Promote actions aimed at ensuring compliance with the Code of Police Conduct and Ethics that requires the exercise of the functions that correspond to the National Civil Police;
d) Promote the appropriate disciplinary actions or processes, in case of abuse in the exercise of the police function, violations of the rights Human, professional ethics and gender-based violence; and,
e) Recommend prevention measures to reduce or eradicate the recidivism of behaviors that constitute violations of the Disciplinary Regime of ethical conduct and professional.
Art. 25.-The Department of Investigation of Disciplinary Misconduct will have the following functions:
a) Verify compliance with the Police Disciplinary Regime, with unrestricted respect for the principle of legality;
b) Start investigations into the resolutions issued by the Department of Complaints and Complaints, which have been authorized by the Inspector General or its Delegates;
c) Monitor and audit the performance of the Control and Investigation Units Disciplinary, as well as professional ethics of the National Civil Police;
d) Exercise the functional management of disciplinary procedures, in cases of serious and very serious misconduct, attributed to members of the National Civil Police;
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e) Investigate or instruct, in coordination with other police units, the procedure disciplinary, in the cases covered by this Law and the Police Disciplinary Act;
f) Review and analyze disciplinary files, processed for the knowledge of serious and very serious faults;
g) Submit charges to the Competent disciplinary courts, in cases of serious and very serious misconduct;
h) Express or answer grievances, in the processing of Appeals Resources;
i) Develop specific audits of disciplinary cases and cases;
j) Ensure the confidentiality of investigations, in accordance with the established by this Law and the Police Disciplinary Act; and,
k) Evaluate and issue recommendations on the functioning of the Police Disciplinary Regime.
Art. 26.-The Department of Supervision of PNC and ANSP Services, corresponds:
a) Monitor and control the services of the operational and management dependencies of the National Civil Police, through its personnel and the Control and Discipline and Human Rights Research;
b) To periodically evaluate the execution and results of the police operational plans, with respect to the fulfillment of the basic principles of Human Rights and responsibility professional;
c) Coordinate with the Police Human Rights and Control Units National Civil, inspection and investigation activities, to the Regional and Departmental Delegations of the PNC, 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 PNC, as well as to compliance with gender equity and non-violence; and,
e) To evaluate and issue recommendations regarding police performance in the routine provision of services, national emergency situations and the specialized units of the PNC.
Art. 27.-The Department of Statistics and Analysis, will perform the following functions:
a) Carry a statistical record, regarding complaints, complaints and processes of trade, dealt with in the General Inspectorate; as well as, of the resolutions issued by Disciplinary Tribunals;
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b) Conduct periodic studies and statistical investigations, based on the indicators of the professional ethics, deontology, application of the Police Disciplinary Regime and compliance with gender equity and non-violence;
c) Establish the means of coordination and logistical support, for information feedback statistics related to the functions of the General Inspectorate;
d) Coordinate with the Units involved in the application of the Police Disciplinary Act, the periodic delivery of the statistical information necessary for the preparation of the relevant reports;
e) Elaboration of reports and recommendations, with respect to violations, abuses or misconduct committed by members of the National Civil Police, in the exercise of their duties; and,
f) Elaborate reports and recommendations, as a result of the actions taken by the Inspectorate General.
Art. 28.-The Department of Administration and Finance will develop activities related to the areas of the budget, treasury, accounting, auditing, procurement and purchasing, human resources, among others necessary for the correct General Inspectorate administration.
This Department will have the following functions:
a) Propose to the Inspector General the guidelines and normative provisions that are established for the administration and institutional finance;
b) Ensuring planning mechanisms, organization, management, control and evaluation of institutional resources;
c) Advising other institutional units, in the application of the respective rules and procedures of public administration;
d) liaison with the Directorates-General of the SAFI subsystems and the public administration bodies and bodies, in respect of technical activities, flows and information records and other aspects resulting from the implementation of the financial management; and,
e) Meet all other responsibilities that are set in the Regulations of this Law and the Technical Standards issued by the Inspector General.
Art. 29.-The General Inspectorate must have a Documentation Center, for the file of files of the disciplinary proceedings and processes, books and computer records, as well as of the Reports of Labors of the Institution.
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TITLE III
OF THE CONTROL AND MONITORING POWER
Art. 30.-The Inspector General shall be empowered to issue guidelines that contribute to the work of the Human Rights, Control and Disciplinary Investigations in the exercise of the supervision, inspection and control of the members of the PNC and of the ANSP, which will be submitted to the Minister of Justice and Public Security, so that they can become effective in the Police Institution.
Art. 31.-In cases that the Inspector General deems appropriate, it may directly conduct the relevant inspections and verifications.
The Inspector General, Deputy or its Delegates, shall require the Human Rights, Control, PNC Disciplinary Investigation, ANSP Disciplinary Investigation, reports on investigations of facts related to the exercise of the police function and the professional ethics of the members of both institutions. against discipline, human rights, equity and non-gender violence.
Art. 32.-The officials or public employees in charge of the actions or investigations shall forward to the Inspector General the corresponding report, together with the documentation supporting it, all with the respective endorsement of the Chief of the Respective Unit.
The Delegates of the General Inspectorate may request extensions of the reports, as they deem necessary, on disciplinary investigations or misconduct to professional ethics.
Art. 33. The inspection and control report shall contain at least the following elements:
a) Division, Unit, Delegation, Subdelegation, Posts, Department or Services inspected, adding the name and category of the person responsible;
b) Circumstantial Relationship of Verified Elements;
c) Deficiencies, Irregularities or Disfunctions Observed;
d) Allegates of the Service Officer;
e) Test Presentation or Proposition if any;
f) Conclusions;
g) Proposals, suggestions, and recommendations; and,
h) Any other circumstance of interest.
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TITLE IV
OF THE REPORTS
Art. 34.-The General Inspectorate shall report annually, compliance with professional ethics, respect for human rights and the disciplinary regime of the PNC and the ANSP, the Minister of Justice and Public Security, with a copy to the Director of the National Civil Police, the National Academy of Public Security and the Prosecutor for the Defense of Human Rights.
Art. 35.-Based on the report stipulated in the previous article, the Inspector General will present to the Minister of Justice and Public Security the recommendations necessary to correct and overcome the deficiencies identified.
TITLE V
FINANCIAL AND HERITAGE REGIME
Art. 36.-The patrimony of the General Inspectorate shall consist of:
a) The resources that the State has initially entrusted to it and those received from the Ministry of Justice and Public Security;
b) The allocations that are annually establish with their budget; and,
c) The resources that it receives under programs of assistance from governments or national and international agencies.
The Annual Budget as the Salary Item will be carried out by means of of the Ministry of Justice and Public Security. The other privileges of fiscal year shall be complied with in accordance with the relevant laws of the matter.
Art. 37.-The General Inspectorate shall be subject to the audit of the Court of Auditors of the Republic.
TITLE VI
OF THE FINAL, TRANSITIONAL, REPEAL AND EFFECTIVE PROVISIONS
Art. 38.-The General Inspectorate, created by this Law, will begin operations with the budgetary allocations that have been established through the National Civil Police, until the budget and own resources are allocated to it.
The staff of the General Inspectorate of the National Civil Police, who are hired before the current law, will become part of the new institution created as a General Public Security Inspectorate by the This Law, without the loss of acquired labor rights.
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The movable assets of the current General Inspectorate are transferred by the Ministry of Law, as State contribution to the patrimony of the Institution that is created by this Law.
Art. 39.-The President of the Republic within ninety days of the validity of this Law shall issue the corresponding Regulation for the implementation and operation of this Law.
Art. 40.-As long as the Rules of Procedure of the General Public Security Inspectorate are not issued, it will work through Guidelines issued by the Inspector General.
Art. 41.-Derogase the Regulation of the Inspectorate General of the National Civil Police, issued by the President of the Republic, by Executive Decree No. 4, dated January 27, 1995, published in Official Journal No. 19, Volume 326, dated 27 of that same month and year.
Art. 42.-This Decree will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, two days of October of the year two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
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PRESIDENTIAL HOUSE: San Salvador, at the twenty-eight days of October of the year two thousand fourteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
D. O. No. 202 Took No. 405 Date: October 30, 2014.
JQ/adar 20-11-2014
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