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        {"code":"27552","sect":"El Salvador","sect_slug":"el-salvador","hits":"887","link":"https:\/\/elfaro.net\/en\/202409\/el_salvador\/27552","link_edit":"","name":"Inter-American Commission Reiterates Calls to End Salvadoran State of Exception","slug":"inter-american-commission-reiterates-calls-to-end-salvadoran-state-of-exception","info":"In its heavily anticipated report on the state of exception in El Salvador, the Inter-American Commission on Human Rights calls for an end to the emergency measures and orders the state to investigate all human rights violations reported by the press and civil society organizations. It should have been published in May, but the government successfully delayed its publication.","mtag":"Politics","noun":{"html":"\u003Cspan class='tint-text--dark' data_href='\/user\/profile\/glabrador'\u003E Gabriel Labrador\u003C\/span\u003E","data":{"gabriel-labrador":{"sort":"glabrador","slug":"gabriel-labrador","path":"gabriel_labrador","name":"Gabriel Labrador","edge":"0","init":"0"}}},"view":"887","pict":{"cms-image-000040906-jpg":{"feat":"1","sort":"40906","name":"cms-image-000040906.jpg","link":"https:\/\/elfaro.net\/images\/cms-image-000040906.jpg","path":"https:\/\/elfaro.net\/images\/cms-image-000040906.jpg","back":"","slug":"cms-image-000040906-jpg","text":"&lt;p&gt;Decenas de personas llegaban en b\u00fasqueda de su familiar antes de que este ingresara al centro penal de Ilopango. En muchos de los casos, las personas hab\u00edan sido detenidas en el interior del pa\u00eds y trasladados hasta San Salvador. Foto de El Faro: Carlos Barrera&lt;\/p&gt;","capt":"\u003Cp\u003EDecenas de personas llegaban en b\u00fasqueda de su familiar antes de que este ingresara al centro penal de Ilopango. En muchos de los casos, las personas hab\u00edan sido detenidas en el interior del pa\u00eds y trasladados hasta San Salvador. Foto de El Faro: Carlos Barrera\u003C\/p\u003E"},"cms-image-000037438-jpg":{"feat":"0","sort":"37438","name":"cms-image-000037438.jpg","link":"https:\/\/elfaro.net\/images\/cms-image-000037438.jpg","path":"https:\/\/elfaro.net\/images\/cms-image-000037438.jpg","back":"","slug":"cms-image-000037438-jpg","text":"&lt;p&gt;In the first days of the state of exception on Monday, Apr. 4, 2022, President Bukele swore in a new class of 1,450 members of the Armed Forces on the soccer field of the Military Academy in Antiguo Cuscatl\u00e1n, La Libertad. In his remarks that day, Bukele accused NGOs of not defending human rights and baselessly asserted that the international community profits off of the gangs' bloodshed in El Salvador.\u00a0 Photo V\u00edctor Pe\u00f1a&lt;\/p&gt;","capt":"\u003Cp\u003EIn the first days of the state of exception on Monday, Apr. 4, 2022, President Bukele swore in a new class of 1,450 members of the Armed Forces on the soccer field of the Military Academy in Antiguo Cuscatl\u00e1n, La Libertad. In his remarks that day, Bukele accused NGOs of not defending human rights and baselessly asserted that the international community profits off of the gangs' bloodshed in El Salvador.\u00a0 Photo V\u00edctor Pe\u00f1a\u003C\/p\u003E"},"cms-image-000040910-jpg":{"feat":"0","sort":"40910","name":"cms-image-000040910.jpg","link":"https:\/\/elfaro.net\/images\/cms-image-000040910.jpg","path":"https:\/\/elfaro.net\/images\/cms-image-000040910.jpg","back":"","slug":"cms-image-000040910-jpg","text":"&lt;p&gt;Inmates exercise as part of a government rehabilitation program reserved for non-gang members during a press tour in La Esperanza Prison, also known as Mariona, on Aug. 29, 2024. Photo Marvin Recinos\/AFP&lt;\/p&gt;","capt":"\u003Cp\u003EInmates exercise as part of a government rehabilitation program reserved for non-gang members during a press tour in La Esperanza Prison, also known as Mariona, on Aug. 29, 2024. Photo Marvin Recinos\/AFP\u003C\/p\u003E"},"cms-image-000040911-jpeg":{"feat":"0","sort":"40911","name":"cms-image-000040911.jpeg","link":"https:\/\/elfaro.net\/images\/cms-image-000040911.jpeg","path":"https:\/\/elfaro.net\/images\/cms-image-000040911.jpeg","back":"","slug":"cms-image-000040911-jpeg","text":"&lt;p&gt;Family and neighbors in La Reina, Chalatenango accompany the casket of Don Paco, a 64-year-old man who died in Mariona Prison under the state of exception, on Friday, Aug. 26, 2022. The burly man's body was returned to his family with a blow to the head and bruises on his right cheek, arms, and feet. He had died in Mariona Prison on August 24. Photo V\u00edctor Pe\u00f1a&lt;\/p&gt;","capt":"\u003Cp\u003EFamily and neighbors in La Reina, Chalatenango accompany the casket of Don Paco, a 64-year-old man who died in Mariona Prison under the state of exception, on Friday, Aug. 26, 2022. The burly man's body was returned to his family with a blow to the head and bruises on his right cheek, arms, and feet. He had died in Mariona Prison on August 24. Photo V\u00edctor Pe\u00f1a\u003C\/p\u003E"},"cms-image-000040912-jpg":{"feat":"0","sort":"40912","name":"cms-image-000040912.jpg","link":"https:\/\/elfaro.net\/images\/cms-image-000040912.jpg","path":"https:\/\/elfaro.net\/images\/cms-image-000040912.jpg","back":"","slug":"cms-image-000040912-jpg","text":"&lt;p&gt;Soldiers stop and frisk passengers of public transportation in the Italia District of Tonacatepeque, a territory once controlled by MS-13. During the state of exception, authorities have carried out multiple operations inside the community and at its entrance points. Photo V\u00edctor Pe\u00f1a\u00a0&lt;\/p&gt;","capt":"\u003Cp\u003ESoldiers stop and frisk passengers of public transportation in the Italia District of Tonacatepeque, a territory once controlled by MS-13. During the state of exception, authorities have carried out multiple operations inside the community and at its entrance points. Photo V\u00edctor Pe\u00f1a\u00a0\u003C\/p\u003E"}},"pict_main__sort":40906,"date":{"live":"2024\/09\/04"},"data_post_dateLive_YY":"2024","data_post_dateLive_MM":"09","data_post_dateLive_DD":"04","text":"\u003Cp id=\"docs-internal-guid-f51a5f4d-7fff-a705-8df8-2c5bb57bf6ef\" dir=\"ltr\"\u003E\u003Cem\u003E\u003Ca href=\"\/es\/202409\/el_salvador\/27550\/la-cidh-reitera-que-el-regimen-de-excepcion-debe-desaparecer\"\u003ELeer en espa\u00f1ol\u003C\/a\u003E\u003C\/em\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe Inter-American Commission on Human Rights (IACHR) has once again demanded that the Salvadoran state reinstate all the constitutional guarantees that were suspended when the state of exception was approved in March 2022 and that, as of today, has led to the imprisonment of 81,000 Salvadorans.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EOn Wednesday, September 4, the IACHR, based in Washington, \u003Ca href=\"https:\/\/www.oas.org\/en\/IACHR\/jsForm\/?File=\/en\/iachr\/media_center\/PReleases\/2024\/207.asp&utm_content=country-slv&utm_term=class-ip\"\u003Eissued a report on El Salvador\u003C\/a\u003E that encourages the termination of the state of exception installed in March 2022. The 155-page document makes a detailed review of all the decrees and legal reforms under the state of exception umbrella, and contrasts them with reports from Salvadoran civil society, with international standards of the respect for human rights required by the American Convention on Human Rights, and, mainly, testimonies of victims in El Salvador.\u00a0\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u201cThe IACHR urges the State to repeal the state of exception, ending the suspension of rights and guarantees through the extensions to Legislative Decree No. 333 of 2022 and reiterates that they should maintain indispensable judicial guarantees in all circumstances,\u201d states the report in one of the conclusions.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EIn general, the document does not demonize the state of exception, but with a technical and detailed language it shows the distance between international standards in terms of respect for human rights and what happens daily in the streets and communities of El Salvador: scenes of people \u003Ca href=\"\/en\/202408\/el_salvador\/27532\/salvadoran-regime-ignores-release-orders-in-a-dozen-cases-some-die-in-custody\"\u003Eheld in prison despite having a letter of release\u003C\/a\u003E, and then dying in jail due to negligence of the prisons; \u003Ca href=\"\/en\/202408\/ef_tv\/27529\/%E2%80%9CI-had-to-write-down-the-name-of-those-who-left-in-black-bags%E2%80%9D.htm\"\u003Escenes of torture\u003C\/a\u003E; and arbitrary detentions under the argument of \u003Ca href=\"\/en\/202208\/el_salvador\/26298\/State-of-Exception-Files-Hundreds-Arrested-for-Prior-Convictions-or-%E2%80%9CLooking-Nervous%E2%80%9D.htm\"\u003Elooking \u201cnervous\u201d to police\u003C\/a\u003E.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cbr\/\u003E    \u003Cfigure class=\"pict pict_land pict_move_posc 0 cs_img cs_img--curr rule--ss_c\" data-shot=\"pict\" data-hint=\"pict\"\u003E \u003Cdiv class=\"pict__pobj text-overflow\"\u003E\u003Cimg src=https:\/\/elfaro.net\/get_img?ImageWidth=4000&ImageHeight=2667&ImageId=40912 class=\"pobj\" style=\"max-width: 100%\" rel=\"resizable\" alt=\"Soldiers stop and frisk passengers of public transportation in the Italia District of Tonacatepeque, a territory once controlled by MS-13. During the state of exception, authorities have carried out multiple operations inside the community and at its entrance points. Photo V\u00edctor Pe\u00f1a\u00a0\" \/\u003E\u003C\/div\u003E \u003Cfigcaption class=\"pict__text cs_img_caption folk_content typo_buttons line--ss_s0c line--ss_s0c--auto block full-width text-overflow rule--ss_l relative\"\u003E \u003Cdiv class=\"__content block-inline full-width align-top tint-text--idle relative\"\u003E Soldiers stop and frisk passengers of public transportation in the Italia District of Tonacatepeque, a territory once controlled by MS-13. During the state of exception, authorities have carried out multiple operations inside the community and at its entrance points. Photo V\u00edctor Pe\u00f1a\u00a0 \u003Cdiv class=\"photographer text_italic rule--ss_l tint-text--idle\"\u003E \u003C\/div\u003E \u003C\/div\u003E \u003C\/figcaption\u003E \u003C\/figure\u003E\u003Cbr\/\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003ETo support its report, the IACHR based the information on 29 testimonies of people interviewed in March 2023 who survived prisons or arbitrary detentions in El Salvador. Although they did not present those accounts as proven facts, the IACHR does give them value in exemplifying the context of the human rights crisis in the country. The Commission uses the testimonies to link them with reports obtained from the Salvadoran press and civil society.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EFor instance, in the section on \u201cIllegal and arbitrary detentions,\u201d the Commission cites reports from organizations such as Cristosal or Azul Originario, and complements them with phrases such as these: \u201cThey transferred me to the jail of Usulut\u00e1n. The agents were talking about how for each person they detained in the state of exception they would get an extra salary. With my capture they had finished the number of detentions they had to make.\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EIn the section on \u201cDeaths, allegations of torture and ill-treatment of persons deprived of liberty\u201d, the Commission cites the testimony of a woman who said: \u201cIn the prison it was men who did the inspection [of female detainees]. I did not know of any type of sexual violence, but male guards were the ones searching their private parts. I also saw abortions due to the lack of medical assistance. In the cell we were in, her appendix burst, they took her to the hospital, but in the middle of the surgery they did not realize she was four months pregnant. They took her out again because of some complications, then they realized she was pregnant and had to perform a curettage. I don't know how she got pregnant, given that she had been detained for a longer period of time\u201d.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe Commission also gathered stories from people whose relatives they suspect were killed in the prisons. \u201cThere I could not see a perforation [...] until the funeral home when they were preparing him. That makes me think that something happened to him inside the prison. The forensic document states blood pressure, but it said nothing about this other ailment he had. [...] I am quite doubtful because they do not present the autopsy report performed by Medicina Forense [the coroner].\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EOther report sections have similarly stoney titles, such as \u201cillegal breaking and entering\u201d, \u201cabuse in the use of force\u201d, or \u201caggravation of the conditions of detention.\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cbr\/\u003E    \u003Cfigure class=\"pict pict_land pict_move_posc 0 cs_img cs_img--curr rule--ss_c\" data-shot=\"pict\" data-hint=\"pict\"\u003E \u003Cdiv class=\"pict__pobj text-overflow\"\u003E\u003Cimg src=https:\/\/elfaro.net\/get_img?ImageWidth=4000&ImageHeight=2667&ImageId=40911 class=\"pobj\" style=\"max-width: 100%\" rel=\"resizable\" alt=\"Family and neighbors in La Reina, Chalatenango accompany the casket of Don Paco, a 64-year-old man who died in Mariona Prison under the state of exception, on Friday, Aug. 26, 2022. The burly man's body was returned to his family with a blow to the head and bruises on his right cheek, arms, and feet. He had died in Mariona Prison on August 24. Photo V\u00edctor Pe\u00f1a\" \/\u003E\u003C\/div\u003E \u003Cfigcaption class=\"pict__text cs_img_caption folk_content typo_buttons line--ss_s0c line--ss_s0c--auto block full-width text-overflow rule--ss_l relative\"\u003E \u003Cdiv class=\"__content block-inline full-width align-top tint-text--idle relative\"\u003E Family and neighbors in La Reina, Chalatenango accompany the casket of Don Paco, a 64-year-old man who died in Mariona Prison under the state of exception, on Friday, Aug. 26, 2022. The burly man's body was returned to his family with a blow to the head and bruises on his right cheek, arms, and feet. He had died in Mariona Prison on August 24. Photo V\u00edctor Pe\u00f1a \u003Cdiv class=\"photographer text_italic rule--ss_l tint-text--idle\"\u003E \u003C\/div\u003E \u003C\/div\u003E \u003C\/figcaption\u003E \u003C\/figure\u003E\u003Cbr\/\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EIn a gesture that shows the extreme care with which the IACHR prepared the report, the document makes constant allusions to the drop in homicide rates as a result of the state of exception and makes numerous references to the IACHR's condemnations of the situation of gang violence that existed prior to March 2022. But these nuances fail to overshadow the true tone of the document: a condemnation of the state of exception.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cstrong\u003EMeasures no longer justified\u003C\/strong\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe IACHR concludes that there is a dissonance between the information presented by the government to say that the country is safer and the justification for continuing to extend the state of exception, which in September completed 29 months in force. As an example, the report states that the government has not presented \u201cdata\u201d or \u201cspecific facts\u201d to support the notion that there continue to be serious disturbances of public order \u2014 such as the \u003Ca href=\"\/en\/202205\/el_salvador\/26177\/Collapsed-Government-Talks-with-MS-13-Sparked-Record-Homicides-in-El-Salvador-Audios-Reveal.htm\"\u003Emassacre of 87 people, in a single weekend in March 2022\u003C\/a\u003E, that was used as the pretext to \u003Ca href=\"\/en\/202203\/el_salvador\/26100\/Is-Bukele\"\u003Ebegin the state of exception\u003C\/a\u003E.\u00a0\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u201cOf the information available, right now the initial objective reasons for the emergency (...) and its extensions or the information provided by the state, which would justify maintaining the suspension of rights and guarantees protected by the American Convention on Human Rights, do not persist,\u201d wrote the commission.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe report never explicitly condemns specific government regulations or actions, but it does include reminders, warnings, and calls for attention. For instance, it reiterates the commission\u2019s emphasis in past statements on the illegality of suspending certain constitutional guarantees, even when states of emergency are decreed. \u201cThe IACHR considers it serious that constitutional provisions related to indispensable judicial guarantees have been suspended, given that the American Convention does not establish this under any hypothesis,\u201d the report states. These are the basic guarantees recognized by the American Convention.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EFor example, the obligation to immediately and comprehensively inform the detained person of their rights and the reasons for their detention, as well as not to be forced to self-incriminate; and to be guaranteed their legal defense.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe government responded to the IACHR that it complies with detention protocols and that they do not violate these \u201cminimum guarantees\u201d. However, numerous reports and testimonies denounced by the press and civil society organizations \u003Ca href=\"\/en\/202208\/el_salvador\/26320\/State-of-Exception-Breaks-Record-for-Habeas-Corpus-Petitions-since-End-of-Salvadoran-Civil-War.htm\"\u003Eprovide evidence to the contrary\u003C\/a\u003E. On that point, the commission urged the government to adopt measures to ensure that individuals and their families are immediately informed of the reasons for their detention.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe IACHR also ruled on the exorbitant nature of preventive detention for up to 15 days. \u201cThe Inter-American Court has determined that, even under suspension of guarantees, it is not proportional for a person detained without a warrant to remain deprived of liberty for 15 days without any form of judicial control,\u201d the report says. The Inter-American Court is distinct from the IACHR in the Inter-American System and has the power to convict or acquit member states in cases brought before it.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe report also emphasizes that preventive detention cannot be applied automatically, as seems to have been the trend since the state of exception was approved, given that Bukele's legislative bloc made legal reforms aimed at prohibiting alternatives to jail time for gang-related crimes. \u201cIt is particularly troubling that justice operators are automatically requesting and applying preventive detention for certain crimes, including \u201cillicit groups\u201d and membership in a \u201cterrorist organization\u201d, even in the absence of evidence,\u201d the document states.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003ETo ensure that it is not applied automatically, the IACHR suggests creating a system of periodic review of judicial cases and giving priority to the imposition of less burdensome measures.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe Commission also recognizes a huge problem of overcrowding in the prison system and therefore asserts that it is all the more necessary that measures other than pre-trial detention be prioritized. Across the country's 23 prisons, the IACHR certifies that there is overcrowding of at least 130 percent; this percentage increases if one excludes the Confinement Center for Terrorism (CECOT), which currently is the only penitentiary center with space to spare, according to the report.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe Inter-American Commission, an institution that Bukele has harshly attacked on his social networks, also made 21 recommendations to the state, including the adoption of an integral security policy going beyond the punitive framework, with transparency and accountability for the results obtained, as well as the creation of a registry of victims and an integral reparations plan to redress the damages caused, whether by criminal groups or the state.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EAmong the multiple pages that the government tried to counter the conclusions of the IACHR, there is a section in which the state lists the public institutions dedicated to the victims\u2019 services. The government mentioned the existence of the Directorate of Attention to Victims of the Ministry of Justice and Public Security, the 11 Local Offices of Attention to Victims deployed throughout the country, and reported joint work with other institutions. In addition, the Bukele administration stated that it requested cooperation from the IACHR to create a policy of attention to victims. The IACHR said that it valued the effort to cooperate, although it hinted that it doubted the sincerity of the request for help, citing that the government spent less than half of the budget allocated in 2022 for victim attention: $272,000 out of $484,100.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cbr\/\u003E    \u003Cfigure class=\"pict pict_land pict_move_posc 0 cs_img cs_img--curr rule--ss_c\" data-shot=\"pict\" data-hint=\"pict\"\u003E \u003Cdiv class=\"pict__pobj text-overflow\"\u003E\u003Cimg src=https:\/\/elfaro.net\/get_img?ImageWidth=4000&ImageHeight=2667&ImageId=40910 class=\"pobj\" style=\"max-width: 100%\" rel=\"resizable\" alt=\"Inmates exercise as part of a government rehabilitation program reserved for non-gang members during a press tour in La Esperanza Prison, also known as Mariona, on Aug. 29, 2024. Photo Marvin Recinos\/AFP\" \/\u003E\u003C\/div\u003E \u003Cfigcaption class=\"pict__text cs_img_caption folk_content typo_buttons line--ss_s0c line--ss_s0c--auto block full-width text-overflow rule--ss_l relative\"\u003E \u003Cdiv class=\"__content block-inline full-width align-top tint-text--idle relative\"\u003E Inmates exercise as part of a government rehabilitation program reserved for non-gang members during a press tour in La Esperanza Prison, also known as Mariona, on Aug. 29, 2024. Photo Marvin Recinos\/AFP \u003Cdiv class=\"photographer text_italic rule--ss_l tint-text--idle\"\u003E \u003C\/div\u003E \u003C\/div\u003E \u003C\/figcaption\u003E \u003C\/figure\u003E\u003Cbr\/\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EIn the recommendations are also a series of laws to be repealed: for example, removing the \u003Ca href=\"\/es\/202203\/el_salvador\/26105\/Bukelismo-aumenta-penas-incluso-a-ni%C3%B1os-y-habilita-jueces-an%C3%B3nimos-contra-pandilleros.htm\"\u003Econfidentiality of the identity of the 22 judges\u003C\/a\u003E of the organized crime courts, as well as of related justice system operators. The IACHR also calls for the repeal of Decree 93, which modified the Penitentiary Law and has prevented family visits to inmates for several years.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cstrong\u003ECall to investigate deaths\u003C\/strong\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe IACHR observation mission for this report ended in November 2023. By late October 2023, the number of deaths in prison custody, according to records of Salvadoran organizations, ranged from 189 to 200 people. The Commission cited \u003Ca href=\"\/en\/202306\/el_salvador\/26881\/there-is-enough-evidence-for-el-salvador-to-be-tried-for-crimes-against-humanity\"\u003Ereports from human rights organizations\u003C\/a\u003E such as Cristosal and Human Rights Watch that revealed \u003Ca href=\"\/en\/202405\/el_salvador\/27429\/In-El-Salvador-Fear-and-Silence-Shroud-the-Dead.htm\"\u003Epatterns of torture and mistreatment of the corpses\u003C\/a\u003E they studied.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EIn general, the IACHR is careful not to present as proven facts the hundreds of testimonies of alleged human rights violations. But it does demand that the state investigate, determine responsibilities, and establish the circumstances that allowed them to occur.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u201cThe Commission expresses its particular concern with deaths in state custody and allegations of torture and ill-treatment, and urges ensuring the investigation of state responsibilities when they occur,\u201d reads one of the document's final conclusions.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EIn addition, the Commission asserts that in order to adequately investigate crimes in prisons, there must first be judicial independence. The report recounts the \u003Ca href=\"\/en\/202105\/el_salvador\/25452\/New-Legislative-Assembly-Ousts-Supreme-Court-Magistrates-and-Attorney-General.htm\"\u003Eillegal dismissal of the Constitutional Chamber and the attorney general\u003C\/a\u003E in May 2021, in addition to the approval of reforms that \u003Ca href=\"\/en\/202109\/el_salvador\/25685\/Salvadoran-Democracy-in-a-Coma.htm\"\u003Eforcibly retired prosecutors and judges\u003C\/a\u003E over 60 years old, supposedly to fight corruption.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u201cFor the Commission it is very worrying that, a few months after the occurrence of serious events that deteriorated the independence of justice system operators, complaints about massive violations of rights and guarantees related to access to justice emerged,\u201d the document says. \u201cThe backdrop of measures that weaken the rule of law, with impacts on the separation of powers and the independence of the judicial branch and the prosecution, acquire special relevance in the face of the installation of a state of exception that suspends rights and guarantees protected by the American Convention for a long period of time.\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EFinally, the IACHR complained to the state for its passivity in the protection of the journalists in the context of the state of exception. The Office of the Special Rapporteur for Freedom of Expression of the IACHR listed several cases that occurred between 2022 and 2023 of threats and attacks against journalists. Among these, the \u003Ca href=\"\/en\/202204\/el_salvador\/26120\/Gag-Order-for-Journalism-on-Gangs.htm\"\u003Egag-order law approved in the first days of the state of exception\u003C\/a\u003E, which appeared to censor journalistic coverage of violent phenomena. It also mentioned the case of journalists from El Faro, such as \u00d3scar Mart\u00ednez and Gabriela C\u00e1ceres, who after the approval of the reform received legal threats.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe IACHR \u201ccalls on the state to guarantee that journalists and communicators who carry out their reporting in the context of the state of exception are not detained, threatened, assaulted, or limited in any way for the exercise of their profession,\u201d the report reads. \u201cIn particular, to refrain from intimidating and disqualifying the work of journalists and to reject, investigate, and punish any type of violence against them.\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cstrong\u003EGovernment delayed the report\u003C\/strong\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe document was scheduled to be published in May, but the Salvadoran government, which had access to the final document in January, presented numerous discrepancies, asked twice for an extension to send a response, and held face-to-face meetings last July with the IACHR in Washington. According to sources from the commission in Washington, the government's effort was aimed at \u201cbogging down and complicating\u201d the publication of the report, which indeed came out four months later than planned.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u003Cbr\/\u003E    \u003Cfigure class=\"pict pict_land pict_move_posc 0 cs_img cs_img--curr rule--ss_c\" data-shot=\"pict\" data-hint=\"pict\"\u003E \u003Cdiv class=\"pict__pobj text-overflow\"\u003E\u003Cimg src=https:\/\/elfaro.net\/get_img?ImageWidth=3000&ImageHeight=2000&ImageId=37438 class=\"pobj\" style=\"max-width: 100%\" rel=\"resizable\" alt=\"In the first days of the state of exception on Monday, Apr. 4, 2022, President Bukele swore in a new class of 1,450 members of the Armed Forces on the soccer field of the Military Academy in Antiguo Cuscatl\u00e1n, La Libertad. In his remarks that day, Bukele accused NGOs of not defending human rights and baselessly asserted that the international community profits off of the gangs' bloodshed in El Salvador.\u00a0 Photo V\u00edctor Pe\u00f1a\" \/\u003E\u003C\/div\u003E \u003Cfigcaption class=\"pict__text cs_img_caption folk_content typo_buttons line--ss_s0c line--ss_s0c--auto block full-width text-overflow rule--ss_l relative\"\u003E \u003Cdiv class=\"__content block-inline full-width align-top tint-text--idle relative\"\u003E In the first days of the state of exception on Monday, Apr. 4, 2022, President Bukele swore in a new class of 1,450 members of the Armed Forces on the soccer field of the Military Academy in Antiguo Cuscatl\u00e1n, La Libertad. In his remarks that day, Bukele accused NGOs of not defending human rights and baselessly asserted that the international community profits off of the gangs' bloodshed in El Salvador.\u00a0 Photo V\u00edctor Pe\u00f1a \u003Cdiv class=\"photographer text_italic rule--ss_l tint-text--idle\"\u003E \u003C\/div\u003E \u003C\/div\u003E \u003C\/figcaption\u003E \u003C\/figure\u003E\u003Cbr\/\u003E\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe IACHR report was approved by the full panel of seven commissioners on Dec. 21, 2023, and on January 8 the draft was shared with the Salvadoran state.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThereafter, Andr\u00e9s Guzman, Bukele's presidential commissioner for human rights and freedom of expression, provided a huge amount of documentation and information to attempt to counter the report\u2019s findings. One of the responses was a report of more than 130 pages, called \u201cA New El Salvador,\u201d which was sent to the IACHR on Apr. 8, 2024. El Faro \u003Ca href=\"https:\/\/x.com\/_elfaro_\/status\/1831153206644326824\"\u003Erevealed the contents of that report\u003C\/a\u003E at the end of August.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EA source at the IACHR in Washington, who requested anonymity due to lack of authorization to make statements to the press, described the government\u2019s attitude as \u201can exchange that the Salvadoran state took to an overwhelming, exhausting level (for the Commission).\u201d\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EGuzm\u00e1n was appointed in mid-2023 and since then he has been the face representing the state in the monitoring sessions of the IACHR when El Salvador is being evaluated. He has consistently denied the state of exception\u2019s human rights violations, both in those hearings and in the interviews he has given.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EGuzm\u00e1n, as part of a government delegation, met wth the plenary of the IACHR last July. \u201cIt is highly unusual for the plenary to receive someone like this during the week of internal sessions, because the agenda is prepared in advance. It is unusual for an official of his profile to have come to Washington at least three times in the last year,\u201d states the source.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EGuzm\u00e1n's efforts did not fall on deaf ears. Three of the seven commissioners, who in December had approved the report without complaint, ended up voting against the report after hearing and reading all the documents submitted by El Salvador. The four-three split vote is one of Guzm\u00e1n's achievements.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003E\u201cWith his visits, with meetings like the one in June, Guzm\u00e1n managed to influence the pace of the Commission's work on El Salvador, and his great success was probably to ensure that the report did not come out under the previous composition of the Commission,\u201d says the source in Washington.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003EThe source is referring to the composition of the plenary of the IACHR. Until last December, Julissa Mantilla Falc\u00f3n and Margarite May Macaulay, two lawyers known for their progressive views, were members of the Commission. In their place, as of January, came two of the three commissioners who voted against: \u00c9dgar Stuardo Ral\u00f3n and Gloria Monique de Mees. The third dissenting vote was that of Carlos Bernal Pulido, vice-president of the IACHR who also serves as the Commission's rapporteur for El Salvador.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003ECommissioners Bernal and Ral\u00f3n explained their reasons for voting against the report in a dissenting opinion after hearing and reading the Government's response reports. Although they agree on the substance and the importance of issuing the document, Pulido and Ral\u00f3n explained that the methodology in the report \u201clacked precision\u201d and raised doubts as to whether the Commission was issuing conclusions that should be done through another procedure.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp dir=\"ltr\"\u003ETheir arguments, however, were challenged by Commissioners Andrea Pochak and Jos\u00e9 Luis Caballero, who voted in favor. They pointed out that the methodology used is the same that has been used in the IACHR to issue dozens of reports on other countries and noted that the thematic report does not imply that they are weighing in on the possible responsibility of the state in the situations of rights violations identified in the report.\u003C\/p\u003E\u003Cbr\/\u003E\u003Cbr\/\u003E\u003Cp style=\"text-align: right;\"\u003E\u003Cem\u003E*Fragments of the report quoted in this article were translated by El Faro English from the \u003Ca href=\"https:\/\/www.oas.org\/es\/cidh\/informes\/pdfs\/2024\/Informe_EstadoExcepcionDDHH_ElSalvador.pdf\"\u003Eoriginal Spanish version\u003C\/a\u003E. Additional reporting from Jos\u00e9 Luis Sanz.\u003C\/em\u003E\u003C\/p\u003E"}

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