Peace Without Justice: Obstacles to Building the Rule of Law in El Salvador |
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Page 277
access to justice, lack of, 12, 257 accountability, 6, 149, 243, 244-50; political
decision to forgo, 7; role of international community in establishing, 8; Truth
Commission set up to focus on, 137 Ad Hoc Commission, 5, 6; effect of Truth ...
access to justice, lack of, 12, 257 accountability, 6, 149, 243, 244-50; political
decision to forgo, 7; role of international community in establishing, 8; Truth
Commission set up to focus on, 137 Ad Hoc Commission, 5, 6; effect of Truth ...
Page 279
109 crimes against humanity, 6, 1 55, 244 crime prevention strategy, lack of. 191,
263 crime wave, postwar, 1, 189, 190. 191,218, 236, 263 criminal investigation:
attributing failures in to courts and legislation, 191; lack and inadequacy of, 51, ...
109 crimes against humanity, 6, 1 55, 244 crime prevention strategy, lack of. 191,
263 crime wave, postwar, 1, 189, 190. 191,218, 236, 263 criminal investigation:
attributing failures in to courts and legislation, 191; lack and inadequacy of, 51, ...
Page 283
... on the Judiciary, 206 n- 20; Penal Code (1997) 191, 219, 222, 223, 224, 225,
235, 239-40; Sentencing Law, 219 law schools, need to improve, 216; lack of
involvement in code reform, 223 Lawyers Committee for Human Rights, 48, 50 n.
... on the Judiciary, 206 n- 20; Penal Code (1997) 191, 219, 222, 223, 224, 225,
235, 239-40; Sentencing Law, 219 law schools, need to improve, 216; lack of
involvement in code reform, 223 Lawyers Committee for Human Rights, 48, 50 n.
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Contents
Introduction | 1 |
The Context for Early Reform Efforts The Salvadoran Legal System in Historical Perspective | 11 |
Actors in the Criminal Justice System | 15 |
The QuasiInquisitorial Model | 27 |
States of Emergency and Political Detentions | 35 |
Entrenched Impunity | 41 |
Criminal Justice and Reform Efforts During the War Years | 49 |
The Big Case Focus | 50 |
The Truth Commissions Work | 109 |
The Truth Commissions Binding Recommendations | 125 |
The Commissions Report the Role of the Courts and the Amnesty Law | 140 |
An Overall Perspective | 159 |
Institutionalizing the Safeguards Included in the Peace Accords | 165 |
The National Counsel for the Defense of Human Rights | 166 |
The National Civilian Police PNC | 175 |
The Role of Salvadoran Nongovernmental Organizations NGOs | 192 |
The Administration of Justice AOJ Project in El Salvador | 57 |
Salvadoran Efforts to Promote Judicial Reform During the War Years | 73 |
Judicial Reform Moves onto the Salvadoran Political Agenda | 76 |
Addressing Justice Issues in the Peace Negotiations | 81 |
The Human Rights Accord | 82 |
Confronting Past Impunity in the Peace Negotiations | 85 |
Negotiating Judicial Reform | 97 |
The Challenge of Implementing the Agreements to End Impunity | 105 |
Purging the Military | 106 |
Justice Reform in the Postwar Years | 197 |
The Supreme Court and Judicial Governance | 201 |
The Role of the Attorney Generals Office | 217 |
Criminal Justice Reform | 218 |
Lessons from the Salvadoran Experience The Role of International Actors and Civil Society in Building the Rule of Law and Establishing Accountabi... | 243 |
265 | |
277 | |
Common terms and phrases
accountability actions acts administration agreement American amnesty armed forces assistance authorities called carry civil civilian Code Commission's committed constitutional continued Council Counsel crimes criminal criminal justice decision Decree defendants democratic detention Development effect effort El Salvador elected ensure established evaluation evidence failed failure FMLN former groups guarantees human rights human rights violations implementation important improve included independence individual initiatives institutions Inter-American investigation involved issues judges judicial reform judiciary justice justice system killing lack Latin America Lawyers legislation limited majority March military mission murder named negotiations observers officers ONUSAL organizations parties peace accords period police political presented President prison problems Procedure proposed prosecutions recommendations remained responsible role rule Salvador Salvadoran serious situation society Supreme Court tion Transition trial Truth Commission United victims