El Salvador: Extension of the suspension of the judicial and administrative periods in the framework of the quarantine by COVID-19

Written by:

William Escobar

 

By means of Legislative Decree No. 644 dated May 14, 2020, published in the Official Bulletin No. 99, Volume No. 427 dated May 16, 2020, the TEMPORARY PROVISION FOR THE EXTENSION OF JUDICIAL AND ADMINISTRATIVE TIMES WITHIN THE FRAMEWORK OF THE LAW REGULATING ISOLATION, QUARANTINE, OBSERVATION AND SURVEILLANCE BY COVID-19 was approved, which establishes the following:

 

1. Extension of the suspension of administrative and judicial deadlines

 

It extends from May 17, 2020, for a period of 8 days expiring on May 24, 2020, the suspension of the terms and procedural deadlines in administrative and judicial proceedings, whatever the subject matter and instance. This suspension is applicable to hearings of the Common Jurisdiction and Specialized Jurisdictions in Criminal Matters; and, those held in administrative headquarters, including those scheduled by the Institute for Access to Public Information

 

2. Matters excluded from the suspension of terms

 

a)  The time limits laid down in the Constitution of the Republic for administrative detention, the time limit for inquiries and the consequent hearings arising therefrom.

b) Protective measures in domestic violence.

c) Time limit for lodging a complaint with the corresponding Prison Supervision Judge regarding the violation of fundamental rights or the subjection of an inmate to any prison activity or disciplinary sanction prohibited by law.

d) Procedures, time limits and sanctions provided for in the Consumer Protection Act and the General Law on Medicines.

e) Processes provided for in the Law on the Organization and Functions of the Labor and Social Security Sector and in the General Law on Risk Prevention.

f) Constitutional processes promoted in the framework of this emergency.

g) Electoral matters.

 

3. Exemption from civil and commercial liability for failure to comply with obligations

 

There will be no breach of contractual obligations and no civil or commercial penalties for all those who are unable to comply with their obligations because they are directly affected by the application of isolation and quarantine measures due to the COVID-19 pandemic.

 

Regarding the Financial System, the standards committee of the Central Reserve Bank of El Salvador will dictate the corresponding regulations.

 

4. Special habilitations

 

a) The use of the Single Identity Documents, whose expiration is foreseen within the present suspension of deadlines, is enabled.

b) During this suspension of time limits, elderly and disabled persons shall not be required to attend the relevant institutions in order to receive their pensions.

 

For any additional questions, please contact Dr. Diego Martín (dmartin@consortiumlegal.com) and/or Mr. William Escobar (wescobar@consortiumlegal.com ).

 

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