Trading Freedom for Security: El Salvador

-- By JacobLucero - 23 Apr 2024

Introduction Throughout the years El Salvador has been synonymous with gang violence and political turmoil. After my family immigrated to the United States from El Salvador we would hear of the dangerous conditions and societal struggles from family and friends. A few years ago, in 2019, the country saw President Nayib Bukele take power with great promise to address the country’s most pressing issues. Of the most pressing concerns, President Bukele A look into El Salvador’s current political state offers a stark view into the complexities of enforcing law and order in a crime-ridden society while maintaining civil liberties. There appears to be a pattern of declaring a state of emergency to push forward the government’s agenda behind the guise of public safety. In March 2022, after a spike in homicides in which over 80 people were killed in a single weekend, the Salvadoran government resorted to declaring a state of emergency. In this instance, the Legislative Assembly gave the executive branch absolute control over the legislature. It allowed for the suspension of due process and judicial guarantees such as short time limits for administrative detention and the right to defense, freedom of association and assembly, and the inviolability of correspondence and telecommunications. Overnight, rights like the presumption of innocence and the right to be informed of the crime for which one is being detained were suspended in the name of restoring order and public safety.

Arbitrary Detentions and Judicial Overreach A significant human rights concern in El Salvador is the frequent use of arbitrary detentions as part of a broad “state of exception.” This measure, supposedly aimed at controlling gang violence, has led to more than 52,000 arrests under conditions that include suspension of privacy rights and legal defenses. Thousands of arrests have been made with no warrant from the court or prosecutor and with no prior evidence. There have been numerous cases where detainees were held without being informed of their charges, often based on nebulous criteria such as having a “suspicious appearance” or simply being in a low-income area. Furthermore, the Salvadoran judiciary has faced accusations of serious overreach, with forced retirements and dismissals of judges that threaten judicial independence. Amnesty International underscores this with examples of judges being ousted for political motivations, which clearly illustrates a manipulation of legal frameworks to suppress dissent.

Surveillance Issues Another grave issue is the government's surveillance tactics. The use of Pegasus spyware to illegally monitor journalists and activists has been documented, with significant evidence pointing to the infiltration of 35 individuals' devices ranging from reporters at notable publications to members of human rights groups. This form of state-level espionage represents a severe infringement on privacy and freedom of the press.

Physical and Psychological Abuse Reports of physical and psychological abuse are rampant, particularly within the prison system where overcrowding and inhuman conditions prevail. Detainees have reported being subjected to violence and living in deplorable conditions that include severe overcrowding and lack of basic necessities. The Amnesty International report provides corroborating evidence of systemic abuse, including torture and mistreatment of prisoners under the guise of maintaining order. The severe human rights challenges in El Salvador necessitate a comprehensive approach to reform. Firstly, the "state of exception" that allows for arbitrary detentions without judicial review must be repealed to ensure that detentions are conducted fairly and transparently, respecting the rights of the accused. This requires the implementation of legal processes that are clear, fair, and transparent.

Strengthening judicial independence is also crucial. This can be achieved by revising the process for the appointment and dismissal of judges to ensure it is free from political interference. Such reforms will help restore confidence in the judiciary and ensure that legal rulings are made on merit rather than political convenience. Moreover, robust privacy laws must be enforced to protect individuals from unauthorized surveillance and data collection. This includes establishing strict oversight mechanisms for the use of spyware and other surveillance technologies, ensuring that they are used legally and ethically.

Improving prison conditions is another critical area. Steps must be taken to alleviate overcrowding, improve sanitary conditions, and ensure adequate medical care. This involves not only infrastructural upgrades but also policy reforms to treat all prisoners humanely and provide them with the necessary facilities to live in dignity. Lastly, international oversight and cooperation should be enhanced to ensure that El Salvador complies with international human rights norms. This includes support from international bodies like the UN Human Rights Council, which can provide both monitoring and expertise to help El Salvador navigate these complex issues. Conclusion

El Salvador's current human rights situation is a complex web of unchecked government power and compromised civil liberties. The recommendations provided, drawn from thorough analyses by Amnesty International and the U.S. State Department, aim to guide meaningful reforms. Only through concerted national and international efforts can El Salvador hope to restore faith in its judicial and law enforcement systems, and uphold the fundamental rights and dignities of its people.

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