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Reform Law On Protection Of Persons Subject To Special Security.

Original Language Title: REFORMA LEY DE PROTECCIÓN DE PERSONAS SUJETAS A SEGURIDAD ESPECIAL.

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1 Decree No. 299 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that according to the Constitution, the State guarantee the safety of all its inhabitants and take orders for this purpose;
II.-that the criminal situation in the country, is high-priority to give the necessary guarantees in terms of security, in order to assure the tranquility and the development of Salvadoran society;
III.-that the officials and authorities involved in the fight against various forms of crime operating in the national territory and abroad, require special protection to guarantee them the protection of their physical integrity and that of their families, not only in the exercise of its functions, but after them, since the danger does not cease at the end of the period for which have been chosen;
IV. that on the basis of the above in the previous recitals and being consistent with the moment that lives in our country, it becomes necessary to update the special regulations for the protection of existing subject to "High risk" people, in order to adapt them to our reality.
Therefore, use of his constitutional powers and at the initiative of MEPs: José Antonio Almendáriz Rivas, José Francisco Merino López, Luis Roberto angle Samayoa and Jose Serafin Rodriguez Orantes.
DECREES, as follows: reforms to the law of protection of persons subject to security special Art. 1. reforming article 2, as well: "article 2.-persons who pursuant to subsection first of the previous article wish to enjoy special protection measures, they must request it in writing to the Director General of the National Civil Police, expressing the reasons that underlie your request. The application will be resolved, after consultation with the Prosecutor General of the Republic and qualification of the above reasons, in one term of not more than thirty days in order to investigate the veracity of the reasons for the request and give his resolution.

(2. in the case of persons referred to in article 72 of the Act for the Control and regulation of firearms, ammunition, explosives and similar articles, other than those referred to in the literal n) and or) of that provision, not will be required as set forth in the preceding paragraph; only sufficing the application addressed to the Director General of the National Civil Police, which must be accompanied by documents certifying them in the exercise of the office concerned.
In case of refusal to grant the relevant application, the applicant may appeal to the Minister of Justice and public safety.
To remove the designation of 'High risk', shall be prior consultation to the Prosecutor General of the Republic, which should sustain the causes that motivate the implementation of such a measure.
The Director of the national police Civil, will have the power to assign protection to foreign personalities visiting the country, according to reasonable standards and technical criteria that must be issued to its effect.
In the cases referred to in the second paragraph of the preceding article, simply request of the person concerned and the Director General of the National Civil Police is obliged to grant special protection, without the need for hearing the Prosecutor General of the Republic."
Article 2.-reforming article 7, thus: "article 7.-supernumerary security personnel, assigned to officials, will be paid on the basis of contract."
Officials who benefited by this law, with the exception of those referred to in the second paragraph of article 1 of this law, shall be entrusted this right until the moment of conclusion of the period for which they have been elected.
However the provisions of the preceding paragraph, the officials referred to in article 72 of the Act for the Control and regulation of fire arms, ammunition, explosives and similar articles; ((((with the exception of those mentioned in the literal k), n) and or) of that provision, be kept "High risk" category only enjoying the benefits outlined in the literal b)) and (c) of article 3 of this law.
The Minister and Deputy Minister of the field of Justice and public safety, the Attorney General and Deputy of the Attorney General of the Republic, the Director of the State Intelligence Agency, the Director General of the National Civil Police and the Director-General of Penal centers, may apply for the implementation of special protection measures for a period of five years after the cessation of their functions in which case the risk of aggression or attacks against their lives, that of their relatives or property referred to in article 1 of this law, shall be presumed legally; unless proven otherwise, so that the refusal to grant your request must be duly proven and grounded."
Article 3.-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, seven days of the month of February in the year two thousand thirteen.

3 OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, on the fifteenth day of the month of February in the year two thousand thirteen.
Publish, Carlos Mauricio Funes Cartagena, President of the Republic.
David Victorian Munguía Payés, Minister of Justice and public security.
D. OR. No. 37 vol. No. 398 date: February 22, 2013 ROM/geg/14-03-2013 legislative index