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8-<strong>25</strong>-<strong>04</strong> <strong>Trial</strong> <strong>Transcript</strong><br />

23 THE COURT: Is your present place of practice of law<br />

24 in San Salvador, in the country of El Salvador?<br />

<strong>25</strong> THE WITNESS: I am a Professor of Criminal Law, and I<br />

RAMIREZ AMAYA - D<br />

237<br />

1 am -- also I'm an attorney for the indigent and for those lost<br />

2 causes.<br />

3 THE COURT: Since 1988 to the present, what<br />

4 authority, if there is one, controls the District Attorney in<br />

5 whatever jurisdiction the District Attorney operates, who<br />

6 would be able to bring the criminal case for the assassination<br />

7 of Archbishop <strong>Romero</strong>?<br />

8 THE WITNESS: You are asking who is in charge of --<br />

9 THE COURT: Who has the authority over the District<br />

10 Attorney, over the public prosecutor?<br />

11 THE WITNESS: Apparently, or in appearance, nobody<br />

12 does. But we all know that it is the President of the<br />

13 Republic.<br />

14 THE COURT: To understand the basis for your answer,<br />

15 the American law seeks what is called a "foundation" for your<br />

16 answer. Are the public prosecutors appointed by the ruling<br />

17 party?<br />

18 THE WITNESS: At that time, yes, when the case of<br />

19 Monseñor <strong>Romero</strong>. Now it is done by Congress.<br />

20 THE COURT: Based on your knowledge, since 1988, and<br />

21 your experience as a professor of law and as a lawyer and a<br />

22 judge, a Magistrate Judge for the Supreme Court, is the<br />

23 Congress independent in the sense that it can appoint a<br />

24 prosecutor who will answer only to the cause of justice, not<br />

<strong>25</strong> to a partisan interest? The word we use is "independent."<br />

Page 49

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