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nayib bukele
Salvadoran Court Decried for Letting Case Against 'Santa Marta 5' Continue
"It is outrageous that the judge is allowing this trial to go forward despite the lack of any evidence of a crime," said one observer.
Apr 10, 2024
Human rights defenders on Wednesday condemned a Salvadoran court's decision to uphold what critics say are politically motivated murder and illicit association charges against five environmental activists.
Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Teodoro Antonio Pacheco, and Saúl Agustín Rivas Ortega were arrested in January 2023 and accused of murdering María Inés Alvarenga—an alleged collaborator with the U.S.-backed Salvadoran regime that killed approximately 75,000 civilians during a 1979-92 civil war—when the men were Farabundo Martí National Liberation Front (FMLN) rebels.
Defenders of the "Santa Marta Five" have highlighted not only the Salvadoran government's failure to show any proof of the men's guilt, but also the fact that perpetrators of civil war-related crimes are protected under a 1992 amnesty agreement between the government and FMLN.
"It is outrageous that the judge is allowing this trial to go forward despite the lack of any evidence of a crime," said John Cavanagh, a senior adviser at the Washington, D.C.-based Institute for Policy Studies.
"The international community stands strong with the five leaders of the successful fight against mining, and we will join Salvadoran water defenders to continue to fight with them for justice in this case," he added.
Advocates for the five defendants have also noted how a "state of exception" imposed as part of right-wing Salvadoran President Nayib Bukele's war on drug gangs has eroded due process and other rights. As Common Dreams has reported, tens of thousands of people have been arbitrarily arrested and imprisoned under the crackdown. More than 130 of them have died in state custody.
Some critics say it's no coincidence that the Santa Marta Five—who played a key role in winning a 2017 ban on metals mining in El Salvador—have been targeted by Bukele's government, which is taking steps to reverse the historic prohibition. Environmental activists have found themselves in the crosshairs.
Vidalina Morales, who heads the environmental and human rights group Association of Economic and Social Development (ADES)—where Santa Marta Five member Pacheco worked— toldAtmos earlier this year that by arresting the Santa Marta Five, Bukele's administration is "sending us a message."
"They want to open the path for these mining projects to come back," she explained. "They want to criminalize the social movements in this country."
"This is the life we're living in El Salvador," Morales added. "We feel so much fear for our lives and the lives of our families."
Viviana Herrera, the Latin America program coordinator at MiningWatch Canada, said Wednesday that "there is a well-documented pattern of criminalization across the Americas, where environmental defenders are slapped with unfounded charges in an effort to silence their opposition to mining and prevent their life-affirming work protecting water for future generations."
"We firmly denounce today's Santa Marta case ruling," she continued. "All five water defenders played pivotal roles securing an historic ban on metal mining in El Salvador, and this ruling is a clear threat to the rights of all Salvadorans who are protecting their water and environment."
"We express our heartfelt sorrow with the five water defenders and their families," Herrera added, "and will continue to call for the charges to be dropped until they are free."
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Groups Warn Gang Crackdown in El Salvador Has Led to Human Rights Crisis
"Reducing gang violence by replacing it with state violence cannot be a success," said one Amnesty International official.
Mar 27, 2024
Two years after Salvadoran President Nayib Bukele declared a "state of exception" that was originally adopted for a 30-day period in response for a spate of apparent gang killings, the government is boasting that its policies have driven down the homicide rate by 70%—but international rights defenders on Wednesday warned the crackdown has plunged the country into a human rights crisis.
Amnesty International said that according to local victims' movements and human rights groups, El Salvador's former murder rate has been replaced by 327 cases of forced disappearances since March 2022, as well as 78,000 arbitrary detentions as police have raided neighborhoods, particularly in low-income areas.
"A total of approximately 102,000 people [are] now deprived of their freedom in the country—a situation of prison overcrowding of approximately 148% percent and at least 235 deaths in state custody," said Amnesty.
Bukele adopted the state of emergency after El Salvador reported its deadliest peak in apparent gang violence in recent history, with gangs blamed for 92 people's deaths over three days in March 2022.
Under the emergency order, authorities have suspended the right to privacy in communications, to be informed of the reason for one's arrest, and to be taken before a judge within 72 hours of an arrest. A report by Human Rights Watch in December 2022 also warned of "torture, or other cruel, inhumane, or degrading treatment against people accused of crimes." Officers told people during arrests only that they were following "orders from the president," and in some cases, told people they were being taken to a police station for "questioning" when they were actually under arrest.
"The insistence of Nayib Bukele's government on maintaining the state of emergency, the adoption of disproportionate measures, and the denial, minimization, and concealment of reported serious human rights violations reflect the government's unwillingness to fulfill its duty to respect and promote human rights in the country," Ana Piquer, Amnesty International's Americas director, said Wednesday. "It also demonstrates its inability to design comprehensive long-term measures to address the root causes of violence and criminality without forcing the population to choose between security and freedom."
Amnesty's statement came a day after Justice and Security Minister Gustavo Villatoro said Bukele's government plans to continue its strategy to "eradicate this endemic evil."
"This war against these terrorists will continue," said Villatoro in a televised address.
Despite outcry from domestic and international human rights groups, Bukele won his reelection campaign in a landslide last month. El Faro reported that Bukele's government had violated some election rules including airing ads within three days of the election and campaigning on Election Day. Some poll workers also wore clothes identifying them as supporters of Bukele's Nueva Ideas party, and police allegedly blocked journalists from working near polling locations, prompting accusations of intimidation and harassment by the Association of Journalists of El Salvador.
The Due Process of Law Foundation released a report Tuesday warning that Bukele's government could be guilty of crimes against humanity as it continues its crackdown.
"Well over 76,000 people, including minors, have been detained under the state of exception, accused of having ties to gangs," wrote the group. "Many or most of these detentions appear to be occurring without any reasonable grounds for suspecting that the person may have committed a crime. Mere physical appearance—including having tattoos—seems to be enough to put people at risk of arrest, with young men from poor districts a particular target. Arrests of this nature are in themselves discriminatory, and may well qualify as arbitrary. According to the United Nations Working Group on Arbitrary Detention, under customary
international law, 'The legal basis justifying... detention must be accessible, understandable, nonretroactive, and applied in a consistent and predictable way.'"
Amnesty noted on Wednesday that human rights defenders and dissidents also face "increased risk" under the state of emergency, "as they are criminalized." As Common Dreams reported this week, five water defenders are scheduled to stand trial on April 3 for allegedly killing a military informant, an accusation for which the government has produced no proof.
"In the absence of any kind of evaluation and checks and balances within the country, and with only a timid response from the international community, the false illusion has been created that President Bukele has found the magic formula to solve the very complex problems of violence and criminality in a seemingly simple way. But reducing gang violence by replacing it with state violence cannot be a success," said Piquer. "The authorities in El Salvador must focus the state response on comprehensive policies that respect human rights and seek long-term solutions."
"The international community," she added, "must respond in a robust, articulate and forceful manner, condemning any model of public security that is based on human rights violations."
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'We're Calling for Justice': Allies Slam Trial for El Salvador Water Defenders
Ahead of proceedings next week, an international coalition continues to back a call to "drop the baseless charges against the Santa Marta Five."
Mar 25, 2024
Nine organizations from around the world on Monday renewed calls for El Salvador's government to drop "politically motivated charges" against the "Santa Marta Five" as the well-known water defenders prepared to stand trial beginning April 3.
Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Teodoro Antonio Pacheco, and Saúl Agustín Rivas Ortega were arrested in January 2023 and accused of murdering an alleged military informant during a civil war over three decades ago. Rights groups worldwide have repeatedly highlighted that not only has the Salvadoran government failed to produce any proof of their guilt, but also the five men should be covered under a 1992 amnesty law related to the war.
"In the spirit of Saint Óscar Romero, these community leaders have embodied the legacy of the preferential option for the poor in their fight for justice and for the well-being of their communities," Institute for Policy Studies (IPS) senior adviser John Cavanagh said Monday, a day after the 44th anniversary of Romero's assassination in San Salvador.
"Now, we're calling for justice for the Santa Marta Five as they face politically motivated charges and attempts to silence their movement," added Cavanagh, whose group gave its 2009 Letelier-Moffitt Human Rights Award to the National Roundtable on Metals Mining, a coalition the arrested water defenders helped build.
"We recognize the historic and heroic struggle of the community of Santa Marta to build a better future for the most marginalized populations."
The Santa Marta Five, who were released to house arrest in September, helped pass a 2017 legislative ban on metal mining in El Salvador. Salvadoran President Nayib Bukele, who was reelected last month, has reportedly been considering reversing the prohibition in response to economic issues resulting from his policies.
"The Santa Marta Five water defenders were part of an emblematic fight to protect their land and waters from Canadian gold mining and ban metal mining," declared Viviana Herrera, Latin America program coordinator at MiningWatch Canada. "However, as in other countries in the region, their environmental struggle has come at an immense cost for them and their communities."
Chris Aylward, national president of the Public Service Alliance of Canada, said that "we recognize the historic and heroic struggle of the community of Santa Marta to build a better future for the most marginalized populations, one where universal rights are guaranteed, including to health and water for all."
Acknowledging the global movement that has rallied behind the Santa Marta Five, the United Church of Canada's Christie Neufeldt vowed to keep pushing "for the charges to be dropped and to accompany their work to protect the ban on metals mining."
Along with the Canadian groups and IPS, the coalition supporting the five men includes the Central American Alliance on Mining, Pax Christi International, the SHARE Foundation, Sisters of Mercy of the Americas, and the Washington Ethical Society (WES).
“The Washington Ethical Society has a long history with the communities of El Rodeo and Santa Marta. We partnered with ADES in an eight-year process to build a potable water system for the community," noted Ross Wells, co-chair of WES's sister community program in El Salvador. "Antonio Pacheco, director of ADES and one of the arrested water defenders, was instrumental in making this project possible."
"WES members met with him every year for 12 years. Like the other members of the Santa Marta Five, Antonio was arrested and jailed for political reasons. These men fought hard to protect the waters of El Salvador from the ravages of metallic mining," he continued. "To help prop up an imploding economy, the current regime is making moves to reintroduce mining against the will of the people."
Wells also pointed out that the Santa Marta Five are among the tens of thousands of people arrested under El Salvador's state of exception, which began in March 2022 and has provoked intense condemnation from rights groups that have documented sweeping abuse by security forces, including arbitrary detention without due process.
"WES stands with the people of Santa Marta, in working for a just El Salvador, where human rights and the rule of law are respected," he said. "We pledge to continue fighting with others in the international community to protect the existing law against mining and drop the baseless charges against the Santa Marta Five."
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