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El Salvador

Executive Summary

El Salvador is a constitutional multiparty republic with a democratically elected government. In February 2019 voters elected Nayib Bukele as president for a five-year term. The election was generally free and fair, according to international observers. Free and fair municipal and legislative elections took place in 2018.

The National Civilian Police, overseen by the Ministry of Justice and Public Security, is responsible for maintaining public security. The Ministry of Defense is responsible for maintaining national security. Although the constitution separates public security and military functions, it allows the president to use the armed forces “in exceptional circumstances” to maintain internal peace and public security “when all other measures have been exhausted.” The military is responsible for securing international borders and conducting joint patrols with the civilian police. In November 2019 President Bukele signed a decree authorizing military involvement in police duties. The decree, in effect until December 31, authorizes the military under National Civilian Police control to identify areas with the highest incidence of crime to target peacekeeping operations; conduct joint patrols with police to prevent, deter, and apprehend members of organized crime and common crime networks; carry out searches of individuals, vehicles, and property; help persons in cases of accidents or emergencies; make arrests and hand over detainees to police; prevent illegal trafficking of goods and persons at unauthorized national borders; strengthen perimeter security at prisons and other detention centers and schools; and provide land, sea, and air support to police. Civilian authorities at times did not maintain effective control over security forces. Members of the security forces committed some abuses. On February 9, the executive branch used security forces to attempt to interfere with the independence of the legislature.

Significant human rights issues included: allegations of unlawful killings of suspected gang members and others by security forces; forced disappearances by military personnel; torture and cases of cruel, inhuman, or degrading treatment or punishment by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; serious problems with the independence of the judiciary; serious restrictions on free expression and the press; serious acts of government corruption; lack of consistent investigation and accountability for violence against women; and crimes involving violence by security forces against lesbian, gay, bisexual, transgender, and intersex individuals.

Impunity persisted despite government steps to dismiss and prosecute abusers in the security forces, executive branch, and justice system. In some cases authorities investigated and prosecuted persons accused of committing crimes and human rights abuses.

Organized criminal elements, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes. They committed killings and acts of extortion, kidnapping, human trafficking, intimidation, and other threats and violence. They directed these acts against police, judicial authorities, the business community, journalists, women, and members of vulnerable populations.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed politically motivated killings. There were reports, however, of security force involvement in extrajudicial killings of suspected gang members. The Attorney General’s Office (FGR) investigates whether security force killings were justifiable and pursues prosecutions. According to the FGR, as of August 24, there were seven extrajudicial killings under investigation in which nine National Civilian Police (PNC) officers were implicated, including cases that originated in past years. As of August 27, the Office of the Human Rights Ombudsman (PDDH) announced it was investigating six complaints of such killings, some by law enforcement, including those in which PNC officers were alleged to have directly participated and one attributed to prison guards.

On April 26, President Bukele responded, via Twitter, to an increase in gang-related homicides, stating, “the use of lethal force is authorized for self-defense or for the defense of the lives of Salvadorans.” This tweet did not grant police any additional powers, although international civil society and multilateral organizations criticized the president for heightening the risk that police would commit extrajudicial killings of gang members. On July 9, the news agency EFE reported that the official figures from Minister of Security Rogelio Rivas indicated that from January to late May, there were 90 confrontations between security forces and alleged gang members, leaving 44 persons dead, 29 injured, and 70 detained.

On May 13, media outlets reported the case of a woman killed by PNC officers while she was shopping in San Julian Municipality, Sonsonate Department. According to police reports, the woman was a gang member who attacked three police officers with a firearm, and in response, the officers returned fire and killed the woman. The newspaper El Diario de Hoy reported police sources did not find it credible that the woman attacked police, and the woman’s family denied she was involved with gangs. The police officers faced an initial hearing before the justice of the peace of San Julian. Per the request of the FGR, the judge decided the officers would continue to face the judicial process but without being detained in prison.

On August 13, the FGR arrested three PNC officers who were allegedly linked to an extermination group accused of murdering three persons in July 2019.

On August 16, the Specialized Court of Instruction C of San Salvador, at the request of the FGR, announced a sentencing hearing for four PNC officers accused of forced disappearances and aggravated homicide. Three of the officers worked in rural Usulutan and the fourth in Zacatecoluca, La Paz Department. According to media reports, the officers were charged with a triple homicide that occurred on July 7, as well as prior homicides from 2017 and 2019.

On June 20, media reported that Víctor David Castillo Campos, an officer of the elite Police Reaction Group (GRP) and alleged accomplice in the killing of fellow GRP member Carla Ayala after a GRP gathering in 2017, received house arrest after serving two years in prison without a final verdict. Castillo Campos was arrested in 2018 and was one of 13 defendants (eight police officers and five civilians) implicated as accomplices in Ayala’s killing. Juan Jose Castillo Arevalo was also accused of killing Ayala and since 2017 remained a fugitive. The PNC disbanded the GRP in 2018.

In July the Institute for Human Rights at the University of Central America (IDHUCA), Servicio Social Pasionista, Cristosal, Due Process of Law Foundation, and other organizations presented a report on extrajudicial killings that was a follow-up to the UN special rapporteur’s 2018 recommendations. On July 9, EFE stated the report concluded extrajudicial killings persisted in the country despite a change of the presidency in June 2019. According to the report, from June to December 2019, there were 156 clashes between the security forces and alleged gang members that left 107 civilians dead and 43 injured.

b. Disappearance

Reports alleged that security and law enforcement officials were involved in unlawful disappearances. Law enforcement agencies had not released data on disappearances since 2017, citing a discrepancy between data collected by the PNC and the FGR. Media reported in March that the discrepancy continued.

According to media reports, the FGR recorded 542 disappearances between January and March, with an average of six missing persons cases per day. This marked a decrease from the same period in 2019 when the FGR tracked 829 cases, equivalent to nine disappearances daily. The PNC reported that 65 percent of those reported missing were later found alive and that there was a likelihood that many of the remaining 35 percent had emigrated. The FGR reported 724 cases of “deprivation of liberty” through July 13, compared with 2,234 cases from January through October 2019; however, this offense included both disappearances and missing persons.

On August 10, media reported that the PNC registered 728 missing persons cases in the first half of the year, compared with 1,295 reported during the same time period in 2019. Of the cases reported in the first six months, 56 percent were still missing as of September, 40 percent were found alive, and 4 percent were found deceased. The local nongovernmental organization (NGO) Servicio Social Pasionista reported that as of June there were 434 disappearances, compared with 652 in 2019.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were reports of violations. As of August 27, the PDDH had received 15 complaints of torture or cruel or inhuman treatment by the PNC and two by the armed forces, compared with 33 and nine complaints, respectively, as of August 2019. The PDDH also received 55 complaints of mistreatment and disproportionate use of force by the PNC, four by the armed forces and one by the PNC and armed forces together.

Reports of abuse and police misconduct came mostly from residents of metropolitan San Salvador and mainly from men and young persons. As of June, according to the PNC, 104 officers had been involved in crimes and offenses, resulting in 92 charges. Furthermore, as of September 14, the PNC received 90 complaints of general misconduct by police, including but not limited to torture or cruel or inhuman treatment; five of the 90 complaints were officially submitted to the FGR.

On May 6, in Zacatecoluca, La Paz Department, media reported on the case of a man who died while in provisional detention under police custody. Allegedly, the PNC told the family of the man, arrested on homicide and gang membership charges connected to the 2019 killing of a soldier, that he had died of COVID-19 and that he should be buried immediately and without opening the casket. Media reported that the family did not believe the cause of death and inspected the body at the grave, finding the man still handcuffed, with a bloodied face and broken teeth. The family believed he died after being tortured and took photographs of the body. The PNC maintained the man died of massive bleeding. The PDDH called for an investigation into the case. On May 12, the FGR exhumed the body for an autopsy but, as of September 16, had not made any arrests.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in March of sexual exploitation and abuse by Salvadoran peacekeepers deployed to the UN Mission in South Sudan, allegedly involving an exploitative relationship with an adult. As of September the United Nations was investigating the allegation.

Impunity was a problem in the PNC and armed forces. Media reported cases of the PNC abusing their authority during the nationwide stay-at-home order. The government repeatedly defied judicial order to allow expert witnesses access to inspect military archives to determine criminal responsibility for the 1981 El Mozote massacre. Factors contributing to impunity included politicization and general corruption. The FGR is responsible for investigating abuses. The government provided annual training to military units to dissuade any potential for gross abuses of human rights, such as the training provided to the Marine Infantry Battalion by the navy’s Legal Unit on the need to respect human rights.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. Although the Supreme Court investigated corruption in the executive and judicial branches and referred some cases to the FGR for possible criminal indictment, corruption and impunity remained endemic. Courts issued inconsistent rulings and failed, in particular, to address secret discretionary accounts within the government.

Corruption in the judicial system contributed to the high level of impunity, undermining the rule of law and the public’s respect for the judiciary. As of June 30, the Supreme Court had received complaints against 46 judges due to irregularities (41 of which remained under review) and had punished one judge. Accusations against judges included collusion with criminal elements and sexual harassment.

Corruption: On September 3, El Faro accused the Bukele administration of negotiating with senior gang leaders since 2019 to obtain electoral support and a reduction in homicides prior to the February 2021 legislative and municipal elections. On September 4, the attorney general announced an investigation into El Faro’s allegations. On June 23, the FGR arrested former defense minister David Victoriano Munguia Payes and issued an arrest warrant for former president Mauricio Funes, for their alleged roles in similar negotiations associated with the 2012-14 truce with the MS-13 and 18th Street gangs.

In June, July, and August, local press reported on irregular government purchases of food, personal protective equipment, and other supplies to combat the COVID-19 pandemic that allegedly involved inflated prices, agreements with companies linked to government officials, and purchases from companies with no past experience selling the purchased products or similar products. These transactions included the purchase of $1.1 million of protective masks for allegedly inflated prices from companies associated with the newly appointed finance minister, Jose Alejandro Zelaya, and the head of the Salvadoran Environmental Fund, Jorge Alejandro (“Koky”) Aguilar Zarco; the purchase of $12 million in medical supplies from Javi Performance Parts, a Spanish automobile parts company that last filed required financial reports in 2012, and $3.5 million in medical supplies from Lasca Design LLC, a Florida-based ceramics company, neither of which have any apparent experience manufacturing or selling medical supplies.

President Bukele fired Aguilar Zarco shortly after his reported transactions became public, and as of October 19, Aguilar Zarco was the only administration official to lose his job because of pandemic-related corruption allegations. On June 26, the attorney general confirmed he had opened criminal investigations of several senior Bukele administration officials based on newspaper reports of corruption. As of October 19, the attorney general had not publicly filed charges against any of those officials.

As of June 30, the Supreme Court’s Probity Section had opened 47 illicit enrichment investigations against public officers and forwarded two cases to the FGR for potential prosecution.

On August 14, two former defense ministers, David Victoriano Munguia Payes and Jose Atilio Benitez Parada, and the former president of the National Republican Alliance (ARENA), Gustavo Lopez Davidson, were arrested on various embezzlement-related charges associated with a two-million-dollar weapons transaction in 2012. The FGR also filed charges against and issued arrest warrants for several other defendants, including former president Mauricio Funes.

As of August the Ethics Tribunal reported that it had opened 355 administrative proceedings against public officials between September 2019 and August 31. One complaint against a Supreme Court magistrate ended with the judge removed from the bench. As of September 3, the FGR had filed claims against three judges for committing crimes involving corruption or for violating public administration laws.

Financial Disclosure: The illicit enrichment law requires appointed and elected officials to declare their assets to the Probity Section of the Supreme Court. The law establishes modest fines for noncompliance. The declarations were not available to the public unless requested by petition. The Supreme Court established three criteria for selecting investigable cases: age of the case (that is, proximity to the statute of limitations), relevance of the official’s position, and seriousness and notoriety of the alleged illicit enrichment.

On July 6, local investigative magazine Factum reported that the Supreme Court Probity Section had identified $1.4 million in unjustified funds in the accounts of Walter Araujo, an outspoken Bukele supporter, legislative candidate for the political party Nuevas Ideas and former Supreme Electoral Court magistrate. As of September 14, the Supreme Court judges had not yet voted on whether to send Araujo to trial for illicit enrichment.

The law requires public officers to present asset certification reports no later than 60 days after taking a position. In September the Supreme Court Probity Section reported that 112 public officers had failed to present their assets certifications in the 10 previous years and two public officers from the current administration had failed to present their assets certification in the last year.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

In March several international and national nongovernmental human rights organizations, such as Amnesty International, Human Rights Watch, Tutela Legal, and Cristosal, among others, questioned the government’s methods to contain the spread of COVID-19 and warned that these methods violated the rule of law and opened the door to arbitrary detentions and abuses of power by police. President Bukele criticized these groups through his Twitter account.

Government Human Rights Bodies: The principal human rights investigative and monitoring body is the autonomous PDDH, whose ombudsman is nominated by the Legislative Assembly for a three-year term. The PDDH regularly issued advisory opinions, reports, and press releases on prominent human rights cases. There was a tense relationship between the PDDH and the Bukele administration. The PDDH ombudsman, Jose Apolonio Tobar, said his institution received constant attacks, particularly from President Bukele, who stigmatized him as a defender of criminals. President Bukele publicly discredited the work of the PDDH ombudsman on several occasions. When the Legislative Assembly nominated Tobar as the PDDH ombudsman in October 2019, Tobar was facing three criminal cases for “fraud, bribery, and arbitrary acts” from his time as a civil court judge, and international organizations, NGOs, several legislators, the San Salvador mayor, and President Bukele criticized the nomination.

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