El Salvador's Congress Faces Legal Action Over Alleged Human Rights Violations Amid State of Exception

On November 11, 2024, representatives from the humanitarian organizations Unidad de Defensa de Derechos Humanos y Comunitarios (UNIDEHC) and Movimiento de Víctimas del Régimen (MOVIR) called for a criminal investigation into the board of the Congress of El Salvador. The request to the Fiscalía General de la República (FGR) cites alleged failures to perform duties and arbitrary actions.

Rudy Joya, a lawyer for UNIDEHC, indicated that the legal notice was prompted by the Congress's refusal to accept a petition from victims regarding prison visitations under the current state of exception. Joya stated, "There is a failure to perform duties. The Constitution requires officials to receive citizens and respond to their petitions; failing to do so constitutes criminal acts."

The complaint targets several officials, including the President of the Legislative Body, Ernesto Castro, and vice presidents Suecy Callejas and Alexia Rivas, all from the ruling Nuevas Ideas party. Additionally, Reynaldo Cardoza of the Partido de Concertación Nacional (PCN) and Reinaldo Carballo of the Partido Demócrata Cristiano (PDC) are also implicated.

Samuel Ramírez from MOVIR reported that the Legislative Assembly declined to accept a request to repeal any regulations that hinder family visits to prisons, emphasizing that such visits are a right for families.

Earlier this month, the Salvadoran Parliament, dominated by the ruling party, approved the thirty-second extension of the state of exception, which has suspended constitutional guarantees since March 2022. This measure followed the murders of over 80 individuals in March 2022, attributed to the collapse of a pact between the government and gangs.

Since the implementation of this extraordinary measure, over 83,100 arrests have been made, making it the government's primary strategy against gangs. Various humanitarian organizations have reported more than 6,400 allegations of human rights violations, mainly concerning arbitrary detentions and torture, with over 300 reported deaths of individuals in state custody, most showing signs of violence.

The Salvadoran government has repeatedly denied allegations of torture and other violations, including in statements to the Inter-American Commission on Human Rights (CIDH).

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