Since the state of emergency was imposed on March 27, the country’s police and army have been deployed to several gang strongholds, in an attempt to curb violence.
However, according to recent reports, more than 5,747 people have been arrested without arrest warrantand a number of people have been reported as “allegedly cruel, inhuman or degrading treatment,” said Liz Throssell, a spokesman for the Office of the High Commissioner for Human Rights (OHCHR).
Legal repression
In addition to the state of emergency, OHCHR is also deeply concerned about certain amendments to criminal law and criminal procedure.
These serious concerns raise serious concerns from the standpoint of international human rights law and standards, through the imposition of higher sentences, including children, combined with the weakening of due process guarantees, declare.
Speaking to reporters in Geneva, Ms Throssell added that the changes meant that “criminal trials can now be held in absentia, in the case of alleged gang members, or presided over by the owner. chaired by so-called “anonymous” judges whose identities are kept “secret”.
The two-year limit on pre-trial detention has been abolished, and gang-affiliated teenagers, who have been convicted of serious crimes, can now be sentenced as adults and serve their terms. their sentence in adulthood rather than in juvenile detention.
“Those between 12 and 16 years old have to serve 10 years in prison instead of 7 years; and those aged 16 to 18 have to serve the 20-year term,” she added.
The challenges of gang violence
OHCHR recognized challenges posed by gang violence in El Salvadorand it is the State’s duty to ensure security and justice, Ms. Throssell said.
However, she said it was imperative for the Government to act in compliance with international human rights law.
Highlighting the right to life, the right to be free from torture, the principles of a fair trial, and the presumption of innocence, OHCHR reminds that such rights should be protected, even in emergencies and especially in cases of emergency. children.
Humane treatment of prisoners
Answering questions from journalists, Ms. Throssell said it was necessary to ensure that prisoners were treated humanely and provided with food, water and sanitation.
“Given the overcrowding of prisons in many parts of Latin America and the problem of inmate violence, reports that minors will be housed with adults are particularly concerning,” she said. , she said.
She added that the OHCHR regional office for Central America is engaging with the region’s Governments on human rights concerns.
The Roots of Violence
Also briefed journalists, Boris Cheshirkov, United Nations refugee agency (UNHCR) The spokesman, said that the level of violence by the gangs had caused “primarily internal displacement”, with tens of thousands of people being forced from their homes across the country.
Based on recent dataYes more than 114 thousand internal displacements across El Salvador.
Mr Cheshirkov added that UNHCR looks forward to “getting the lifting of Title 42 border restrictions by the US, which will be an essential step towards restoring asylum”.
Title 42 restrictions have been in place for the time being COVID-19 pandemic and allowing Border Patrol agents to quickly turn away migrants at the U.S. southern border, arguing that they pose a threat to public health.
Over the past 5 years, poverty, food insecurity, climate shocks and violence It’s really amazingon average, some 378,000 Central Americans each year, seek asylum or asylum in the United States.
