The possibility now in El Salvador to try up to 900 alleged criminals in the same trial is strongly criticized by human rights organizations, for whom it is a populist measure aimed at promoting re-election of President Nayib Bukele.
A new law adopted on Wednesday authorizes collective trials for the tens of thousands of suspected gang members, who have been locked up since the offensive against them under an emergency regime, decreed in March 2022 by Parliament in Mr. Bukele’s request.
It is a “violation of the rights of the defense”, denounces the organization Amnesty International (AI).
“More than a year after the start of the emergency regime, we note that the legal reforms associated with this repressive measure aim to erode the basic guarantees of criminal procedure”, explains to AFP Erika Guevara Rosas, director of ‘AI for the Americas, referring to the right to a fair trial and the presumption of innocence, rights, according to her, “flagrantly violated” by Nayib Bukele.
Nearly 72,000 people accused of belonging to criminal gangs are imprisoned in the country following the application of the emergency regime, which allows arrests without a warrant.
President Bukele, 42, has built a mega-prison to house 40,000 suspected criminals. Considered as the “largest prison in America”, there reigns a harsh detention regime, also denounced by human rights organizations.
Judge Antonio Duran, from the city of Zacatecoluca (south-east), for whom the exceptional regime set up in the country aims “to obtain massive and rapid convictions”, also protests against the new law on class trials. “This is part of the campaign for the re-election (of President Bukele) which is unconstitutional,” he told AFP.
The new law “obeys an electoral situation which, with the approach of the elections, aims to convince those who doubt the government”, abounds the executive director of the Human Rights Commission of El Salvador, Miguel Montenegro.
The Salvadorian constitution does not allow the president to be re-elected, but the Supreme Court, in a controversial judgment, gave the green light to Mr Bukele, who enjoys great popularity due to his “war” against gangs, to run for a second term in February 2024.
“Collective trials contradict a principle which is that of responsibility, responsibility is individual”, further notes Judge Duran, stressing that the new law “contrasts with international standards” in terms of justice.
The new provision establishes that those detained under the emergency regime can remain in prison for up to 24 months before being tried or released. Samuel Ramirez, leader of the Movement of Victims of the Regime, believes that it “violates the rights of those who have nothing to do with gangs, because they will be judged in the same way”.
Sociologist from the University of El Salvador, René Martinez, however, believes that it is beneficial for Salvadorans. “The most important thing is the benefit it will bring to the people…and that’s why people are supporting it,” he told AFP.
According to polls, nine out of ten Salvadorans support the Bukele administration, saying they feel safer; on the other hand, there is no consensus on collective trials.
Virgilio Gutierrez, a worker interviewed by AFP, said he was in favor of the new law, believing that individual trials would waste “a lot of time”. Juan Mejia, a lottery ticket seller, does not support her because “the law says that (trials) must be individualized”.
29/07/2023 05:02:55 – San Salvador (AFP) – © 2023 AFP
