El Salvador: State of emergency for 1,000 days. “Security” at the expense of human rights.

For more than 1,000 days, the Salvadoran authorities have relied on an exceptional temporary measure to detain more than 83,000 people, and have extended this measure 33 times to date without proper assessment or debate or any internal checks and balances. It became national policy.

Amnesty International’s interviews with members of the National Civilian Police (PNC), victims and their families, human rights organizations and victims’ movements show that many of the arrests were made under daily quotas, anonymous accusations and were discriminatory. . Factors such as having tattoos or living in a neighborhood that is stigmatized by poverty and gang violence. In more than 60 cases documented by the organization, no administrative or judicial orders or prior investigations were found to support these arrests.

In contrast, authorities used excessive force during arrests and a policy of mass detention that ignored international human rights standards such as the rule of law, the right to a fair trial, and the outright prohibition of torture and discrimination.

“Detaining people without evidence and subjecting them to mass trials is not justice; nor is it an effective or sustainable answer to the historic challenges facing security. Rather, it is an abuse that disregards human dignity. and perpetuates the suffering of those who have historically been marginalized by state policies,” said Ana Piquer, Amnesty International’s Americas Director.

Detaining without evidence and trying them en masse is not justice; Nor is it an effective or sustainable answer to the historic challenges facing security. Rather, it is an act of abuse that disregards human dignity and perpetuates the suffering of those who have historically been marginalized by state policies.

Ana Piquer, Amnesty International Americas Director.

According to media reports, 1.8% of El Salvador’s population is imprisoned, the highest incarceration rate on the continent. According to the latest census figures, three out of every 100 men are in prison. This has led to an extreme overcrowding crisis in most prison centres, with some reaching more than 300% capacity since the imposition of the state of emergency, according to civil society organizations. Victims described it as “helllike”, characterized by a lack of medical care, substandard basic services such as food and water, and often cruel, degrading and inhuman treatment, including torture. According to local groups, more than 300 people have died in state custody. Amnesty International documented cases of death resulting from beatings, torture and a lack of adequate medical care.

“Every death in custody is a human tragedy and a systemic failure by the Salvadoran government to protect the lives of the people in its care,” Anna Pickel said. “Despite these allegations, the government failed to investigate The fact that these deaths occurred or that any measures were taken to guarantee justice and prevent future abuse is also worrying ”.

Every death in custody is a human tragedy and a systemic failure by the Salvadoran government to protect the lives of the people in its care.

Ana Piquer, Amnesty International Americas Director.

Since the state of emergency was first declared, the Bureau of Prisons has taken action to promote a policy of cruel and degrading treatment, including torture, within correctional facilities. According to local groups, and according to cases documented by Amnesty International, the bureau’s most senior officials obstructed the Office of the Human Rights Ombudsman’s oversight of prisons and the Forensic Institute’s medical inspections, even violating regulatory court orders. Furthermore, they have repeatedly ignored court rulings ordering the release of prisoners, committing serious violations of due process and human rights.

The fact that the government failed to investigate these deaths or take any steps to ensure justice and prevent future abuse, despite these allegations, is also concerning.

Ana Piquer, Amnesty International Americas Director.

Photo © MOVIR

The lack of due process is shocking: large-scale trials, judges whose identities are concealed, and the absence of any effective competent defence, systematically violate rights such as the presumption of innocence and the right to a fair trial.

This scenario has been made possible by the gradual co-optation of the judiciary since 2021, which has weakened its independence, as well as the clear legal reforms promoted through the Legislative Council to pretext the approval of the legal framework. Allows and gives legitimacy to the suspension of a range of rights and due process safeguards. Key changes introduced include: automatic use of pre-trial detention for gang-related offenses without any case-by-case analysis of the need for this measure or other circumstances, such as to prevent serious crime or flight risk; removal of links to terrorist or illegal groups Pretrial imprisonment sentence limits for the offense in question. Such sentences can therefore apply indefinitely and violate the right to trial or release within a reasonable time limit.

Furthermore, the destruction of institutions responsible for ensuring Salvadorans’ right to defense, such as the Attorney General’s Office, further violates the right of those charged during the state of emergency to a competent defense, which was insufficient to begin with.

Likewise, no effective action has been taken by the prosecutor’s office or the judiciary The Office of the Human Rights Ombudsman investigating and safeguarding the rights of victims and their families are aspects that further worsen the situation of imprisoned persons.