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 arbitrary or unlawful killings. As of August 31, the National Civil Police (PNC) and its Office of Professional Responsibility (ORP), the mechanism for investigating security force abuses, reported no complaints of homicide.
On August 16, Mara Salvatrucha criminal gang members entered one of the largest public hospitals and killed five civilian bystanders and two prison guards. The assailants freed a fellow gang member who was being treated at the hospital. The PNC arrested five suspects and the Public Ministry linked four to the case, which was under investigation at year’s end.
The case regarding the 2015 killing of Hector Donaldo Contreras Sanchez was in the intermediary pretrial phase at year’s end. In 2016 authorities arrested 13 members of the San Juan Sacatepequez military brigade for the alleged extrajudicial killing.
In January 2016 the Public Ministry arrested 14 high-ranking former military officers on charges of human rights violations for hundreds of extrajudicial killings during the 1960-96 internal armed conflict. The charges were based on the discovery of mass graves in Coban, Alta Verapa, at the Regional Training Command for Peacekeeping Operations (CREOMPAZ), formerly the Military Zone 2 base during the conflict. Known as the CREOMPAZ case, it was assigned to a special high-risk court created in 2009 with competence to hear cases that posed a serious risk to the security of judges, the prosecutor, the defense, or any other individual involved in the case. In 2016 the court found sufficient evidence to send eight individuals to trial, but the Public Ministry appealed the exclusion of a number of charges in the proceedings. At year’s end the trial was pending resolution of the various appeals by the Public Ministry, joint complainants in the case, and defense lawyers. In March the Supreme Court ruled to remove the immunity of Congressman Edgar Ovalle, one of the suspects in the case. Ovalle disappeared before authorities were able to arrest him and remained a fugitive at year’s end.
On October 13, two separate trials began against former head of state Efrain Rios Montt and former intelligence chief Jose Mauricio Rodriguez Sanchez in the case of genocide involving the Maya Ixil community. In 2013 Rios Montt was found guilty of genocide and crimes against humanity during his presidency (1982-83) and sentenced to 80 years in prison. The Constitutional Court later overturned the conviction on procedural grounds and returned the case to be retried. In 2015 a high-risk court determined Rios Montt was mentally unfit for public trial but ordered the trial be held behind closed doors and with a guardian present. It also ruled any verdict could be used only to determine reparations to the victims and that Rios Montt could not be sentenced to prison. In May the Center for Human Rights Legal Action filed a complaint against former constitutional court magistrates for breach of legal duty after obtaining videos of their deliberations during the decision to annul Rios Montt’s genocide sentence. At year’s end the Public Ministry had not moved the case forward for an initial hearing.
In 2016 a high-risk court dismissed a motion in the 1982 Dos Erres massacre case by the defense team to suspend criminal prosecution for genocide and crimes against humanity. The defense argued that Rios Montt was mentally unfit to stand trial. The case remained in the intermediary pretrial phase, and a date for the next hearing had not been set by year’s end.
As of August the government had paid approximately 23.9 million quetzales ($3.26 million) in individual reparations to families affected by the Chixoy hydroelectric dam. The government also appropriated 121.3 million quetzales ($16.5 million) for collective reparations, which government authorities believed could be delayed until early 2018 due to the fact the proposed community projects were undergoing feasibility studies. During the dam’s construction from 1975 to 1985, more than 400 individuals died and thousands were displaced. As part of a 2014 reparations agreement, the government agreed to pay 1.15 billion quetzales ($156 million) over 15 years in individual and community reparations.
Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. An immigration law passed in September 2016 overhauled the country’s migration system and defined the term “refugee” as well as listing refugees’ rights in accordance with international instruments. The preparation of regulations to implement the law, including on the refugee application process and refugee rights, was underway at year’s end.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.
INTERNALLY DISPLACED PERSONS (IDPS)
The country does not have laws in place to protect internally displaced persons in line with the UN Guiding Principles on Internal Displacement. UNHCR expressed concern regarding violence against IDPs and strengthened its efforts to monitor the problem and provide assistance to the displaced. The country does not officially recognize the existence of IDPs within its borders, with the exception of those displaced by climate change. In June the government evicted an estimated 400 farmers for illegally settling within the Maya Biosphere Reserve. The Inter-American Commission on Human Rights (IACHR) characterized the evictees as IDPs. Media and civil society reported that the evictees did not receive government assistance in a timely manner.
PROTECTION OF REFUGEES
Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The country approved 39 refugee applications from January through September. The number of asylum applications from El Salvador increased between 2016 and 2017. UNHCR, however, reported that identification and referral mechanisms for potential asylum seekers were inadequate. Both migration and police authorities lacked awareness of the rules for establishing refugee status.
UNHCR reported that access to education for refugees was challenging due to the country’s sometimes onerous requirements for access to formal education, including documentation from the country of origin.