Procurator refuses to demand negative COVID-19 test to enter El Salvador

Photo: Courtesy CEPA.
By Yaneth Estrada

In a pronouncement, the Attorney for the Defense of Human Rights, José Apolonio Tobar Serrano rejected the measures that could restrict entry to the country of citizenship (of any nationality), who make use of the San Óscar Arnulfo Romero y Galdámez International Airport of El Salvador.

According to a publication, CEPA would ask to present the original certificate from a laboratory where it is recorded that the COVID-19 test was negative to enter the country.

Despite recognizing as very positive the work of the respective authorities to safeguard people's health, but “cannot be admitted under any argument, the implementation of measures or requirements that in practice imply limitation of constitutional rights that can only be done through a formal law”, nor infringe the provisions of the article 5 of the Constitution of the Republic, said the official.

In this sense, Tobar recommended to the competent authorities “to establish, maintain and ensure all preventive measures that they consider pertinent to guarantee the rights to health and life of citizens who make use of the services provided at the international airport of El Salvador, San Óscar Arnulfo Romero y Galdámez and any other point of entry to our country; but such measures should never constitute limitations to constitutional rights that can only be done through a formal law -as the Constitutional Chamber has explained in reiterated jurisprudence”.

further, made an appeal to the general population, to continue to maintain all bio-security measures, as wearing masks, frequent hand washing or use of alcohol gel, along with physical distancing, What are the effective measures that help reduce the spread of COVID-19.

Background

According to the news cited, in a circular, It is established that the original certificate of a laboratory must be presented where it is recorded that the test was negative, and that it must not have been carried out in a period greater than 72 hours before the flight and concludes "any passenger who does not present said proof will be considered by the General Directorate of Migration and Immigration as inadmissible".

But nevertheless, this measure conflicts with the article 5 of the Constitution of the Republic that establishes that “everyone is free to enter, to remain in the territory of the Republic and leave it, except for the limitations established by law (…) No Salvadoran may be expatriated, nor be prohibited from entering the territory of the Republic…. ".

Likewise, with those established by the Constitutional Chamber in the admission of the amparo 167-2020 the day 8 April of the current year.

Photo: Courtesy CEPA.
Photo: Courtesy CEPA.
Photo: Courtesy CEPA.

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