Identifier
Created
Classification
Origin
09SANSALVADOR486
2009-05-29 18:34:00
CONFIDENTIAL
Embassy San Salvador
Cable title:
CONSTITUTIONAL PROHIBITION ON ELECTRONIC
how-toVZCZCXYZ0000 OO RUEHWEB DE RUEHSN #0486 1491834 ZNY CCCC ZZH O 291834Z MAY 09 FM AMEMBASSY SAN SALVADOR TO RUEHC/SECSTATE WASHDC IMMEDIATE 1149 INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE RHMCSUU/FBI WASHINGTON DC RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC 0359 RUEABND/DEA HQS WASHDC RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
C O N F I D E N T I A L SAN SALVADOR 000486
SIPDIS
E.O. 12958: DECL: 05/28/2019
TAGS: PGOV PREL KJUS ES
SUBJECT: CONSTITUTIONAL PROHIBITION ON ELECTRONIC
SURVEILLANCE REMOVED
REF: SAN SALVADOR 390
Classified By: Charge d'Affaires, for reasons 1.4 (b) and (d)
C O N F I D E N T I A L SAN SALVADOR 000486
SIPDIS
E.O. 12958: DECL: 05/28/2019
TAGS: PGOV PREL KJUS ES
SUBJECT: CONSTITUTIONAL PROHIBITION ON ELECTRONIC
SURVEILLANCE REMOVED
REF: SAN SALVADOR 390
Classified By: Charge d'Affaires, for reasons 1.4 (b) and (d)
1. (SBU) In a major step forward for law enforcement, the
Salvadoran Legislative Assembly unanimously approved May 27
the second reading of a constitutional amendment on
electronic surveillance, paving the way for the Assembly to
adopt implementing legislation. The previous Assembly, whose
term ended April 30, had unanimously approved the same
amendment April 29 (reftel). (Note: Amending the Salvadoran
Constitution requires majority approval of an amendment by
one Assembly and two-thirds approval by the subsequent
Assembly.) The amendment, now in force, establishes that any
electronic intercept must be authorized by a court based on
written petition from a prosecutor.
2. (SBU) The Assembly is still discussing a draft law that
will, inter alia, establish which crimes are subject to
electronic surveillance, procedures for their use, and
sanctions against public employees that illegally intercept
electronic communications. In an unusual arrangement to
assuage concerns held by both (conservative) ARENA and the
(left-wing) FMLN, legislative negotiators have agreed that
implementing legislation will require a two-thirds vote for
passage and subsequent amendment, effectively requiring both
major parties to be in agreement on its passage and any
subsequent changes.
3. (C) Comment: We are pleased that Salvadoran law
enforcement is one step closer to having this important
investigative tool at its disposal. EMBASSY has worked
closely with both major parties to shape a favorable outcome.
We believe that the pending change of administration in the
executive branch from ARENA to Mauricio Funes, who was
elected President on the FMLN's ticket, should not cause any
loss of momentum. Unanimous support of the constitutional
amendment in the Assembly leaves us cautiously optimistic
that implementing legislation is not far behind.
BLAU
SIPDIS
E.O. 12958: DECL: 05/28/2019
TAGS: PGOV PREL KJUS ES
SUBJECT: CONSTITUTIONAL PROHIBITION ON ELECTRONIC
SURVEILLANCE REMOVED
REF: SAN SALVADOR 390
Classified By: Charge d'Affaires, for reasons 1.4 (b) and (d)
1. (SBU) In a major step forward for law enforcement, the
Salvadoran Legislative Assembly unanimously approved May 27
the second reading of a constitutional amendment on
electronic surveillance, paving the way for the Assembly to
adopt implementing legislation. The previous Assembly, whose
term ended April 30, had unanimously approved the same
amendment April 29 (reftel). (Note: Amending the Salvadoran
Constitution requires majority approval of an amendment by
one Assembly and two-thirds approval by the subsequent
Assembly.) The amendment, now in force, establishes that any
electronic intercept must be authorized by a court based on
written petition from a prosecutor.
2. (SBU) The Assembly is still discussing a draft law that
will, inter alia, establish which crimes are subject to
electronic surveillance, procedures for their use, and
sanctions against public employees that illegally intercept
electronic communications. In an unusual arrangement to
assuage concerns held by both (conservative) ARENA and the
(left-wing) FMLN, legislative negotiators have agreed that
implementing legislation will require a two-thirds vote for
passage and subsequent amendment, effectively requiring both
major parties to be in agreement on its passage and any
subsequent changes.
3. (C) Comment: We are pleased that Salvadoran law
enforcement is one step closer to having this important
investigative tool at its disposal. EMBASSY has worked
closely with both major parties to shape a favorable outcome.
We believe that the pending change of administration in the
executive branch from ARENA to Mauricio Funes, who was
elected President on the FMLN's ticket, should not cause any
loss of momentum. Unanimous support of the constitutional
amendment in the Assembly leaves us cautiously optimistic
that implementing legislation is not far behind.
BLAU