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 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, and the law’s definition of rape may apply to spousal rape, at the judge’s discretion. The law requires the FGR to prosecute rape cases whether or not the victim presses charges, and the law does not permit the victim to withdraw the criminal charge. The penalty for conviction of rape is generally imprisonment for six to 10 years. Laws against rape were not effectively enforced.
The law prohibits domestic violence and generally provides for sentences for conviction ranging from one to three years in prison, although some forms of domestic violence carry higher penalties. The law also permits restraining orders against offenders. Laws against domestic violence remained poorly enforced, and violence against women, including domestic violence, remained a widespread and serious problem. In 2018 the Salvadoran Organization of Women for Peace (ORMUSA) reported that in 2016 and 2017, only 5 percent of the 6,326 reported crimes against women went to trial.
On January 31, the Specialized Court of Instruction for a Life Free of Violence and Discrimination against Women found the boyfriend of a journalist from the newspaper La Prensa Grafica guilty of femicide for her death and imposed the maximum prison sentence of 50 years. The National Coordinator of Femicides from the FGR stated the ruling sent a message that “in this country it will not be allowed to continue killing women because of their condition of being a woman.”
On April 3, ORMUSA reported a 70 percent increase in domestic violence cases during the nationwide stay-at-home order. According to the IDHUCA Human Rights Observatory Report, the FGR registered 158 cases of domestic violence between March 21 and May 13.
Sexual Harassment: The law prohibits sexual harassment and establishes sentences if convicted of five to eight years’ imprisonment. Courts also may impose additional fines in cases in which the perpetrator held a position of trust or authority over the victim. The law mandates that employers take measures against sexual harassment and create and implement preventive programs. The government, however, did not enforce sexual harassment laws effectively.
According to the 2019 Survey of Households and Multiple Purposes of the General Directorate of Statistics and Censuses, at least 889 women left their workplace due to sexual harassment from supervisors and coworkers, compared with approximately 1,340 cases in 2018.
Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and had access to the information and means to do so. Access to reproductive health services outside of the capital city was limited.
The law completely bans abortions. Civil society advocates expressed concern that the ban has led to the wrongful incarceration of women who suffered severe pregnancy complications, including miscarriages.
On September 20, the First Court of Penitentiary Surveillance approved the request for early parole for Cindy Erazo, who spent six years in prison for conviction in 2015 of aggravated homicide based on giving birth to a stillborn baby in 2014. Erazo was sentenced to 30 years in prison, but a successful appeal in 2016 reduced her sentence to 10 years. At the end of the year, 18 women remained in prison for similar crimes.
In 2016 the Institute for Women’s Development implemented the National Care System to improve the care, protection, and access to justice for victims of sexual and other types of violence. The specialized comprehensive care includes medical care, counseling, family planning, medical examinations, and treatment of sexually transmitted infections in victims of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution grants women and men the same legal rights, but women did not receive equal pay or employment opportunities. The law establishes sentences of one to three years in prison for public officials convicted of denying a person’s civil rights based on gender and six months to two years for employers convicted of discriminating against women in the workplace, but employees generally did not report such violations due to fear of employer reprisals.
In July a female legislator filed a complaint with the FGR against the president of the Legislative Assembly, Mario Ponce, and ARENA legislator Mauricio Vargas for gender discrimination in the workplace and psychological and public harassment. The 11th Peace Court declared the lawsuit inadmissible because both Ponce and Vargas had legislative immunity.