El Salvador Government Seeks Another Extension of Emergency Regime Amidst Human Rights Concerns

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Title: Salvadoran Government Requests Extension of Emergency Regime, Facing Criticism from Human Rights Groups

Subtitle: President Bukele’s administration seeks to extend the suspension of constitutional rights for the sixteenth time amidst concerns over heavy-handed anti-gang measures.

San Salvador – The government of Salvadoran President Nayib Bukele has once again requested an extension of the emergency regime that has suspended constitutional rights for over a year. The regime, known for its tough stance against gangs which it blames for the majority of crimes in the country, has faced criticism from human rights organizations.

This marks the sixteenth extension since the regime was implemented at the end of March 2022. Concerns have been raised regarding the restrictions placed on fundamental rights, such as access to legal representation for detainees and the right to freedom of association.

Defending the government’s decision, Minister of Security Gustavo Villatoro emphasized that the exception regime has brought peace to Salvadorans and created a safer environment for citizens to travel. He justified the need for the extension based on the previous governments’ perceived inaction, which the current administration claims resulted in lost generations.

The request for extension has been officially submitted to Congress. The legislative body, where the government holds a majority, has previously approved all extensions submitted. The current extension, approved on June 14, is set to expire on July 15, with the new extension, if approved, lasting until August 14.

Additionally, the Bukele administration has proposed a reform to the Special Law Against Organized Crime. The amendment seeks to increase the maximum sentence for gang leaders by two-thirds, from 45 to 75 years in prison. The government also requested the approval of transitory provisions to jointly prosecute gang members captured during the exception regime.

Villatoro revealed that the proposed measures aim to streamline the judicial process. Currently, there are approximately 65,000 defendants out of the 71,000 individuals in prison. The government hopes to reduce the number of cases by processing the individuals as part of organized gangs, thus turning thousands of requests into fewer than 300 cases.

Despite the government’s claims of broad public support, human rights organizations have documented numerous violations and abuses committed by security forces and within prisons during the state of emergency. These abuses include inmate deaths while in state custody. The emergency regime suspends various constitutional rights, including the right to be properly informed of one’s rights and reasons for detention, as well as the right to legal assistance.

Official figures indicate that over 71,000 alleged gang members or collaborators have been captured under the exception regime. However, more than 90% of them remain in provisional detention without a formal conviction. Furthermore, authorities have released over 5,000 individuals as they could not establish a concrete link to criminal structures.

The emergency regime allows for the extension of preventive detention from 72 hours to 15 days. It also grants authorities the power to intercept correspondence and cell phones of individuals deemed suspicious.

As per the Salvadoran Constitution, the emergency regime can be extended beyond the initial 30-day period if the circumstances that necessitated it persist.

Note: The article is ready to be published; it touches upon various aspects of the Salvadoran government’s request for an extension of the emergency regime, including motivations, criticisms, proposed reforms, and human rights concerns.