The reforms to the Law Against Organized Crime -which give rise to mass trials of alleged gang members detained during an emergency regime- threaten the right to justice in El Salvador, as warned by the Washington Office on Latin American Affairs (Wola).
(In addition: Harsh measure against Colombians in El Salvador: they are accused of having a criminal gang)
The changes to the regulations, approved by the ruling party in the Legislative Assembly, will allow the carrying out of massive and collective criminal proceedings by gang group, eliminates individual proceedings and the maximum term of 24 months for the development of the investigation of the criminal case.
(Keep reading: Bukele imposes a military siege on an entire region of El Salvador to stop gang members)
In addition, it grants investigative powers to the National Civil Police (PNC), a function that was exclusively the Office of the Attorney General of the Republic (FGR), and validates confessions from a person that implicates others.
“These provisions threaten the right of access to justice, due process and the right to defense guaranteed by international human rights treaties,” said the international organization in a note shared this Friday.
These provisions threaten the right of access to justice, due process and the right to defense guaranteed by international human rights treaties.
He points out that “the initiative promoted by the Minister of Security of Nayib Bukele occurs in the context of a serious deterioration of the rule of law, continuous violations of human rights and lack of access to public information.”
(You can read: El Salvador: this is how the ‘drop by drop’ network to which Colombians belonged operated)
“The approved reforms underline the unsustainability of the state of emergency and the current security policies of the Nayib Bukele government”indicates and states that the approved changes “authorize the grouping of defendants by criminal structure, that is, to judge collectively or en masse and not individually.”
Wola reiterates “the need to promote sustainable citizen security policies that defend human rights and are backed by preventive measures” and clarifies that “While heinous acts committed by ‘maras or gangs’ must be brought to justice, they must never do so at the expense of violating the right to a fair trial”.
(Also read: ‘We have not received information from Colombians accused of belonging to gangs’)
alarming regimen
The international entity emphasizes that “it is alarming that the emergency regime (exception) has become a permanent and uncontrolled citizen security policy” and recalled that civil society organizations have documented serious abuses such as arbitrary detentions, forced disappearances, torture , criminal proceedings without the guarantees of due process and approximately 153 deaths in state custody.
(Also: El Salvador approves increased sentences for gang leaders and collective trials)
The exception regime has been implemented since March 2022 to combat gangs and under this measure, more than 71,000 people accused of being gang members have been detained.
Non-governmental entities estimate at least 5,490 “direct victims” of human rights violations under the emergency regime.
The latest in El Salvador
Some 18 gang members from Barrio 18 and from the Mara Salvatrucha (MS13) were captured in the north of El Salvador in the context of a security fence installed to “corral” and detain remnants of the gangs who have allegedly fled the city. to the rural
The captures would have been made between Tuesday and Thursdayas confirmed this Friday by a spokeswoman for the Presidency.
(Keep reading: The alarming number of children affected by Bukele’s emergency regime in El Salvador)
Gang members are being held at the police station in the municipality of Sensuntepeque, in the department of Cabañas, whose entrances and exits have been guarded since Tuesday by members of the Police and the Army.
Some of the detainees, including three minors and two women, were identified as Jesús Nolasco -who supposedly moved arms and drugs for the MS13-, Ángel Galindo, Hedy Giovanni, Josué Valle, Carlos Hernández and Carlos Lemus.
“All” the detainees, according to the source, will be accused of illegal groups.
(You can read: Controversy in El Salvador over the possible recapture of a journalist critical of Nayib Bukele)
The security fence in Cabañas (north), more than 80 kilometers from the capital San Salvador and made up of nine municipalities, is protected by an exception regime that has been implemented since March 2022 to combat gangs and through which More than 71,000 people accused of being gang members have been detained.
In the context of said regime, which suspends some constitutional guarantees, security fences have been installed and militarized two municipalities -in the center and north of the country- and three communities of San Salvador.
The length of time these will be in effect is unknown.
(In addition: El Salvador: they denounce setbacks in press freedom during the emergency regime)
In addition to the vehicle checkpoints, where cars and collective transport units are stopped to register passengers -mostly men-, there have been operations to search for gang members in rural areas of the department.
Humanitarian organizations estimate at least 5,490 “direct victims” of human rights violations under the emergency regime.
INTERNATIONAL WRITING
*With information from EFE
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