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:
d. Arbitrary Arrest or Detention
Although the constitution prohibits arbitrary arrest and detention, there were numerous complaints that the PNC and military forces carried out arbitrary arrests. NGOs reported that the PNC arbitrarily arrested and detained individuals on suspicion of gang affiliation.
The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.
On March 21, President Bukele issued a mandatory nationwide stay-at-home order for 30 days. Following this announcement, the PNC and armed forces began enforcement and placed those violating the order in containment centers for 30 days of quarantine. Some of those detained for violating the stay-at-home order were taken to police stations and held for more than 24 hours.
Apolonio Tobar, the ombudsman for human rights, reported that individuals in detention were not receiving their COVID-19 test results until weeks after being tested. According to media, this delay contributed to extended time in detention as individuals were forced to stay in the quarantine facilities longer than the mandated 30 days without a specific explanation from health officials regarding the reason for their continued quarantine or the date of their release.
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.