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. As of July 31, the Office of the Human Rights Ombudsman (PDDH) announced it was investigating 22 complaints against police officers, prison guards, and personnel of the Attorney General’s Office for such killings.
The case continued against nine police officers charged in September 2017 with aggravated homicide and concealment stemming from the killing of five persons. Three of the accused were members of the now decommissioned Police Reaction Group (GRP), and police claimed at the time of the events that the deaths were justified homicides.
On March 2, the Attorney General’s Office appealed the September 2017 acquittal of five police officers for aggravated homicide charges in the 2015 killing of a man at a farm in San Blas, San Jose Villanueva. The judge had ruled that the prosecutors failed to prove which of the five officers was specifically responsible for firing the fatal shot and likewise failed to prove conspiracy. On May 4, the Fourth Appellate Court of Appeals confirmed it would retry the case.
On February 23, police authorities in coordination with INTERPOL arrested Jaime Ernesto Bonilla Martinez, who lived in Texas, for participating in at least eight homicides as part of an alleged extermination group operating in San Miguel. The group, composed of civilians, some of whom were alleged rival gang members, and retired and active members of the military and police, was purportedly responsible for murder-for-hire and targeted killings of alleged gang members in San Miguel. Funding for the extermination group reportedly came from Salvadoran citizens living abroad.
As of October 25, alleged gang members had killed 21 police officers. On August 21, the Organized Crime Court convicted 61 MS-13 members of homicide, extortion, illicit trafficking, and conspiracy to kill police officers, among other crimes.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, but there were reports of violations. As of July 31, the PDDH received 18 complaints of torture or cruel or inhuman treatment by the National Civil Police (PNC), the armed forces, and other public officials.
On May 29, a court recommended that colonels Hector Solano Caceres and David Iglesias Montalvo, along with Lieutenant Colonel Ascencio Sermeno face charges for homicide, bribery, and conspiracy for ordering the torture of two men in 2016 in Apaneca. In 2017 six soldiers were convicted in the same case.
Prison and Detention Center Conditions
Prison and detention center conditions remained harsh and life threatening due to gross overcrowding, unhygienic conditions, and gang activities.
Physical Conditions: Overcrowding remained a serious threat to prisoners’ health and welfare. As of June 30, the PDDH reported that think tank Salvadoran Foundation for Economic and Social Development reported 38,849 inmates were being held in facilities designed for 18,051 inmates.
Convicted inmates and pretrial detainees were sometimes held in the same prison cells.
In June the Salvadoran Institute for Child Development (ISNA) reported 945 juveniles in detention, with 274 of those awaiting trial. Of those, 356 were held on homicide charges, 465 for extortion, 313 for drug-related crimes, and 143 for gang membership. As of July ISNA reported that three minors were killed by gang members while in detention, compared with nine in 2017. ISNA also reported that as of June, seven minors were victims of trafficking in persons, compared with 18 in 2017.
Gangs remained prevalent in prisons. As of September 2017, detention centers held 17,614 current or former gang members, or 46 percent of the prison population. So-called extraordinary measures were designed to interrupt gang communications and coordination between imprisoned leaders and gang members outside the prisons. Smuggling of weapons, drugs, and other contraband such as cell phones and cell phone SIM cards was reduced but remained a problem in the prisons, at times with complicity from prison officials.
Law enforcmement officials credited the extraordinary measures with a 45 percent reduction in homicides. The PDDH and human rights groups faulted the measures for lacking judicial oversight. On August 16, the Legislative Assembly formalized some elements of the extraordinary measures as part of a reformed penitentiary code, which now allows supervised family visits.
In many facilities provisions for sanitation, potable water, ventilation, temperature control, medical care, and lighting were inadequate, according to the PDDH. From August 2017 to May, the General Prison Directorate reported 2,440 cases of inmate malnutrition and the PDDH reported more than 500 cases of severe malnutrition in Izalco and Ciudad Barrios prisons. The PDDH noted that in 2017 a total of 64 inmates died, some of them due to unspecified causes.
In October the PNC reported overcrowding in police holding cells, with 5,500 detainees in cells designed for 1,500 persons. Those in pretrial detention were held alongside sick inmates.
Administration: The PDDH has authority to investigate credible allegations of inhuman conditions. The Constitutional Chamber of the Supreme Court has authority over the protection of constitutional rights. The extraordinary measures granted broad authorities to wardens to order disciplinary actions, to include isolation and withholding family or religious visitations, without judicial oversight. Extraordinary measures ended in August when the Legislative Assembly reformed the penitentiary code.
Independent Monitoring: The government permitted visits by independent human rights observers, nongovernmental organizations (NGOs), and media to low- and medium-security prisons. Inspections of high-security prisons were limited to government officials, the PDDH, and the International Committee of the Red Cross (ICRC). Early in the year, the government reinstated the ICRC’s access to all prisons. Church groups; the Institute for Human Rights at the University of Central America; lesbian, gay, bisexual, transgender, and intersex activists; the UN special rapporteur for extrajudicial, summary, or arbitrary executions; and other groups visited prisons during the year. The PDDH reported that from May 2017 to April, it conducted 1,644 unannounced prison inspections.
Improvements: Due to the construction of new prisons completed during the year and redistribution of prisoners, overcrowding declined from 334 percent to 215 percent as of August.
d. Arbitrary Arrest or Detention
Although the constitution prohibits arbitrary arrest and detention, there were numerous complaints that the PNC and military forces arbitrarily arrested and detained persons. As of July 31, the PDDH received 31 complaints of arbitrary detention, a decrease from 86 complaints received in the same period in 2017. NGOs reported that the PNC arbitrarily arrested and detained groups of persons on suspicion of gang affiliation. According to these NGOs, the accused were ostracized by their communities upon their return.
The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed this provision.
ROLE OF THE POLICE AND SECURITY APPARATUS
The PNC, overseen by the Ministry of Justice and Public Security, is responsible for maintaining public security, and 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 PNC. In 2016 President Sanchez Ceren renewed the decree authorizing military involvement in police duties, a presidential order in place since 1996.
The military’s “Zeus Command” comprised 3,100 soldiers in 10 task forces to support police in providing security. These soldiers were to operate only in support of the PNC and were not authorized to arrest or detain. Three hundred and twenty soldiers in the Volcano Task Force, launched in September 2017 as a temporary expansion of the military’s presence in San Salvador, continued to support the city’s police and installed checkpoints throughout the city and conducted random searches of public buses.
There were reports of impunity for security force involvement in crime and human rights abuses during the year. The PDDH is authorized to investigate (but not prosecute) human rights abuses and refers all cases involving human rights abuses to the Attorney General’s Office. Reports of abuse and police misconduct were most often from residents of the metropolitan area of San Salvador and mostly from men and young persons.
The Police Inspector General reported it received 831 complaints against police and dismissed 155 police officers due to misconduct and took disciplinary action against 555 police officers as of October 23.
On August 2, Deputy Police Director of Specialized Operative Areas Mauricio Arriaza stated that 10 police officers of the Specialized Police Tactical Unit (UTEP) were dismissed due to human rights abuses. UTEP was created on February 14 to replace the Specialized Reaction Force of El Salvador, the Special Operation Group, and the GRP. The GRP was disbanded in February following the disappearance of female GRP member Carla Ayala. As of November 5, the Ministry of Defense had not responded to requests to report the number of soldiers removed from its ranks due to alleged ties to gangs.
As of October 26, authorities reported alleged gang members had killed 22 police officers, three soldiers, and three prison guards.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The constitution requires a written warrant of arrest except in cases where an individual is caught in the act of committing a crime. Authorities apprehended persons with warrants based on evidence and issued by a judge. Police generally informed detainees promptly of charges against them.
The law permits release on bail for detainees who are unlikely to flee or whose release would not impede the investigation of the case. The bail system functioned adequately in most cases. The courts generally enforced a ruling that interrogation without the presence of counsel is coercive and that evidence obtained in such a manner is inadmissible. As a result, PNC authorities typically delayed questioning until a public defender or an attorney arrived. The constitution permits the PNC to hold suspects for 72 hours before presenting them to court. The law allows up to six months for investigation of serious crimes before requiring either a trial or dismissal of the case which may be extended by an appeals court. Many cases continued beyond the legally prescribed period.
Arbitrary Arrest: As of October 23, the PDDH reported 31 complaints of arbitrary detention or illegal detention, compared with 86 from January to August 2017.
Pretrial Detention: Lengthy pretrial detention was a significant problem. As of October, 30 percent of the general prison population was in pretrial detention. Some persons remained in pretrial detention longer than the maximum legal sentences for their alleged crimes. In such circumstances detainees may request a Supreme Court review of their continued detention.
e. Denial of Fair Public Trial
Although the constitution provides for an independent judiciary, the government did not always respect judicial independence, and the judiciary was burdened by inefficiency and corruption.
While the government generally respected court orders, some agencies ignored or minimally complied with orders, or sought to influence ongoing investigations. When ordered by the Constitutional Court on June 19 to release military records related to the El Mozote killings and serious civil war crimes, the Ministry of Defense responded it had already done so while denying investigators access to archival facilities at military bases, citing national security concerns. As of July 31, the Legislative Assembly had not complied with a 2015 ruling that it issue regulations to clarify certain sections of the political parties law regarding campaign contributions.
In a February 26 press conference, Minister of Defense David Munguia Payes criticized the attorney general’s charges against three military officers after they were acquitted of obstruction of justice in a torture case. On February 27, UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions Agnes Callamard released a statement calling on Payes to respect the independence of the judiciary and reiterating her support for the attorney general. Media experts called Munguia’s stagecraft menacing and reminiscent of civil war-era propaganda employed by the military junta.
While implemented to expedite fair trials, virtual trials still involved delays of up to eight months, according to a July 22 newspaper report. Virtual trials often involved group hearings before a judge, with defendants unable to consult with their defense lawyers in real time. The penitentiary code reforms passed in August allow defense lawyers to attend a hearing without the defendant’s presence. Human rights groups questioned the constitutionality of the reform.
As of July 31, the PDDH received 31 complaints of lack of a fair, public trial.
Corruption in the judicial system contributed to a high level of impunity, undermining the rule of law and the public’s respect for the judiciary. As of August 31, the Supreme Court heard 57 cases against judges due to irregularities, 52 of which remained under review; removed two judges; suspended nine others; and brought formal charges against eight judges. Accusations against judges included collusion with criminal elements and sexual harassment.
In 2016, in response to a petition by victims, a judge issued an order to reopen the investigation into the 1981 El Mozote massacre, in which an estimated 800 persons were killed. The PDDH concluded that the Attorney General’s Office lacked initiative in investigating civil war crimes, The PDDH also cited the Attorney General Office’s lack of cooperation from the Ministry of Defense and the Office of the President (CAPRES). On August 16, a group of Argentine forensics specialists testified they recovered 282 pieces of evidence determined to be human remains, including 143 skulls, 136 of them belonging to children younger than 12 years old. They also recovered 245 bullet casings corresponding to the type used in automatic weapons used by the armed forces.
Women who were accused of intentionally terminating their pregnancies were charged with aggravated homicide, but a number asserted they had suffered miscarriages, stillbirths and other medical emergencies during childbirth. Legal experts pointed to serious flaws in the forensics collection and interpretation.
In December 2017 Teodora del Carmen Vasquez’ conviction on aggravated homicide charges was upheld by the same appeals judges who had earlier sentenced her to 30 years. The Supreme Court commuted her sentence on February 15, opining that the evidence and motive presented by the prosecution in the case was insufficient to support the charges.
During the first nine months of the year, the justice system released five women accused of aggravated homicide of their unborn or newborn children due to lack of evidence. Twenty-five other women remained in custody for infanticide.
The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right, although some trial court judges were subject to political and economic influence. By law juries hear only a narrow group of cases, such as environmental complaints. After the jury determines innocence or guilt, a panel of judges decides the sentence.
Defendants have the right to be present in court, question witnesses, and present witnesses and evidence. The constitution further provides for the presumption of innocence, the right to be informed promptly and in detail of charges, the right to a trial without undue delay, protection from self-incrimination, the right to communicate with an attorney of choice, the right to adequate time and facilities to prepare a defense, freedom from coercion, the right to appeal, and government-provided legal counsel for the indigent.
According to press reports, plea deals occurred in approximately 20 percent of cases, with the accused turning state’s witness in order to prosecute others. Legal experts pointed to an overreliance on witness testimony in nearly all cases, as opposed to the use of forensics or other scientific evidence. The justice system lacked DNA analysis and other forensics capability. In criminal cases a judge may allow a private plaintiff to participate in trial proceedings (calling and cross-examining witnesses, providing evidence, etc.), assisting the prosecuting attorney in the trial procedure. Defendants have the right to free assistance of an interpreter. Authorities did not always respect these legal rights and protections. Although a jury’s verdict is final, a judge’s verdict is subject to appeal. Trials are public unless a judge seals a case.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
The law provides for access to the courts, enabling litigants to bring civil lawsuits seeking damages for, as well as cessation of, human rights violations. Domestic court orders generally were enforced. Most attorneys pursued criminal prosecution and later requested civil compensation.
On May 25, the Constitutional Chamber declared unconstitutional Article 49 of the Civil Service Law, ruling that it violated the double jeopardy prohibition because previously established facts were taken as an essential element for a more serious administrative sanction.
Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, although in many areas the government could not guarantee freedom of movement due to criminal gang activity. As of July 31, the PDDH received two complaints of restrictions from freedom of movement, one against the PNC and the other against a court in Jiquilisco. Both cases involved subjects being detained without charge. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and some assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern, although this was often difficult in gang-controlled neighborhoods.
In-country Movement: The major gangs controlled their own territory. Gang members did not allow persons living in another gang’s controlled area to enter their territory, even when travelling via public transportation. Gangs forced persons to present government-issued identification cards (containing their addresses) to determine their residence. If gang members discovered that a person lived in a rival gang’s territory, that person risked being killed, beaten, or not allowed to enter the territory. Bus companies paid extortion fees to operate within gang territories, often paying numerous fees for the different areas in which they operated. The extortion costs were passed on to customers.
INTERNALLY DISPLACED PERSONS (IDPS)
On July 13, the Constitutional Chamber of the Supreme Court ruled that the government violated the constitution by not recognizing forced displacement or providing sufficient aid to IDPs. The ruling followed several lawsuits brought by victims, including members of the PNC. The court ordered the Legislative Assembly to pass legislation addressing internal displacement and officially recognize internal displacement. The court also called on the government to retake control of gang territories, develop protection protocols for victims, and uphold international standards for protecting victims.
As of July the PDDH reported 69 complaints of forced displacement from January to May. Nearly all of the complaints were from gang-controlled territories, with 51 cases from San Salvador. As of October the government acknowledged that 1.1 percent of the general population was internally displaced. UNHCR estimated there were 280,000 IDPs. UNHCR reported the causes of internal displacement included abuse, extortion, discrimination, and threats.
PROTECTION OF REFUGEES
Access to Asylum: The law provides for the granting of asylum or refugee status, including an established system for providing protection to refugees. As of July 31, four petitions had been submitted, with three resulting in denial and one still under consideration.
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: The most recent municipal and legislative elections occurred on March 4, with the final election results released by the Supreme Electoral Tribunal on March 20 and April 4, respectively. The election reports published by the Organization of American States and the EU electoral mission noted that the elections generally met international standards.
While the law prohibits public officials from campaigning in elections, this provision lacked consistent enforcement.
Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials. While the Supreme Court investigated corruption in the executive and judicial branches, referring cases to the Attorney General’s Office for possible criminal indictment, impunity remained endemic, with courts issuing inconsistent rulings and failing to address secret discretionary accounts within the government, for example in CAPRES.
Corruption: On September 12, a judge sentenced former president Antonio Saca to 10 years in prison. He originally faced up to 30 years in prison before seeking a plea deal. As part of his plea agreement, Saca detailed how he used a network of public officials and advisers to launder money into his ARENA political party, banks, media outlets, publicity companies, fronts, and other activities. Saca testified that weak institutions such as the Court of Accounts were ineffectual in conducting audits, with transparency mechanisms failing to detect fraud. While Saca’s defense offered to return $15 million, the court found him fully liable and ordered him to repay $260 million and surrender his bank accounts and six companies managing 86 radio stations to the asset forfeiture program.
The attorney general investigated corruption pertaining to a discretionary fund within CAPRES in existence for more than 25 years and used by six presidents since 1989. It was originally created to provide resources for the national intelligence budget and CAPRES. The funds, totaling more than one billion dollars since its inception, had never been audited by the Court of Accounts. Both former presidents Saca and Funes were accused of embezzling more than $650 million from public funds. President Sanchez Ceren’s discretionary account was reportedly $147 million, while former presidents Saca and Funes controlled $301 million and $351, million respectively.
On June 19, the Attorney General’s Office initiated an asset forfeiture claim against 24 properties owned by Funes, cabinet members, public officers, and his relatives. Properties included sugarcane plantations, beach houses, and homes.
As of July 31, the Ethics Tribunal reported it had received 190 complaints against 273 public officials. The tribunal sanctioned 20 public officials and forwarded six cases to the attorney general. The attorney general issued 28 arrest warrants on June 6, targeting individuals linked to more than $300 million allegedly embezzled by former president Funes from 2009 through 2014. Despite Constitutional Chamber restrictions on transferring funds without legislative approval, Funes allegedly had misdirected funding for personal gain since 2010. In July the attorney general accused Funes of using $215,000 in public funds to acquire 91 military-grade weapons through the Ministry of Defense for his personal use.
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 fines for noncompliance that range from $11 to $571. The declarations were not available to the public unless requested by petition. In 2016 the Supreme Court established three criteria for selecting investigable cases: the age of the case (i.e., proximity to the statute of limitations), relevance of the position, and seriousness and notoriety of the alleged illicit enrichment.