“We are going to go to the police station to resolve a small problem. We know that you are not members of a gang,” the police told Manuel, who, deceived, arrested him and his nephew. Manuel de Jesús Gutiérrez Palacios, a tourist boatman from El Salvador, never imagined he would be arrested on Isla del Espíritu Santo, a place where gang members had never been seen.
That day, Manuel was with his father when the agents arrived to ask for the papers of all the boats. Although everything was in order, the agents asked him to take them to the port, also taking his nephew on board. Alors qu’ils prenaient des photos et des vidéos sur leur bateau, ils ont été informés qu’ils seraient détenus sous le régime d’urgence, promettant seulement 15 jours de prison.
Those 15 days turned into 11 months during which he was moved from prison to prison trying to prove his innocence. Despite a letter of release, administrative problems prolonged his detention.
The emergency regime declared by El Salvador’s President Nayib Bukele has allowed the imprisonment of approximately 107,927 people without trial, depriving them of their rights and, in many cases, without clear proof of their association with gangs . However, the president boasts of this data: “The country has been cured of gangs,” he even declared when he was sworn in for a second term. However, experts warn that the lack of transparency hides another reality about the consequences of the president’s anti-gang policies.
Bukele bases the success of his policy on the reduction in homicides. However, Edwin Segura, head of data at La Prensa Gráfica, points out that there was already a reduction of more than 50% in homicides before Bukele came to power in 2019.
According to the National Civil Police (PNC), in 2015 there were 106.3 homicides per 100,000 inhabitants, while in 2019 there were 38, and in 2021, a year before the declaration of the emergency regime , they were already at 18.1. Thus, before the regime, there was already an 82% reduction in homicides. Additionally, from 2019 to 2021, the number of inmates increased from 38,114 to 36,663.
Many of those detained during the emergency regime were tried in massive, collective trials, questioned by UN special rapporteurs for their lack of guarantees. Manuel was subjected to one of these procedures and claims that the charges against him were changed three times due to lack of evidence.
From Socorro Jurídico Humanitario, Ingrid Escobar, as director, denounced these mass trials through social networks and formal statements. The expert, whose organization has experience in defending these defendants, stressed that there could be between 500 and 1,500 defendants.
Bukele imprisoned thousands of innocent people like Manuel, both for mistaking them for gang members and for defying the regime, Escobar says. In Manuel’s case, the boatman was released not because of the trial, but rather because, after checking his documents, he was told that an error had occurred.
Currently, Legislative Assembly Penal Code Decree 803 grants the Attorney General’s Office (FGR) the power to group defendants belonging to the same criminal structure into a single criminal proceeding. In addition, it sets a deadline of 24 months to initiate legal proceedings for those detained by the regime.
“Despite the complaints of the judges themselves, even if the decree does not mention it textually, its practice results in the suspension of investigations into the legal cases of victims of the regime while the prosecution organizes the accused by territory and structures to be dealt with “, he added. said Escobar.
Furthermore, all official data is reserved for seven years under the Law on Access to Public Information (LAIP). Relying on article 19 of this legislation, they justify the lack of transparency. This protects all data “which harm or endanger national defense and public security” or which “harm international relations or the conduct of diplomatic negotiations in the country”. For this reason, the only statistics available are made public on the official social networks of the Salvadoran president.
Leslie Schuld, president of the Association Center of Exchange and Solidarity, maintains that the president has created a media peace, not a real peace, and explains that in poor and crime-free neighborhoods, the National Civil Police (PNC) empty communities, while many gang members are still on the streets. Schuld also believes that the emergency regime further fragments society, which will lead to a restructuring of criminal groups instead of their elimination.
Bukele’s administration justified the establishment of the emergency regime by the murder of 62 people in 24 hours, and more than 80 in just three days. Mass arrests were ordered and a harsh emergency regime was put in place, which was widely criticized by human rights organizations.
Marvin Reyes, general secretary of the PNC Workers’ Movement, says there are records of gang members dating back to the late 1900s, which has made the process easier. However, police were forced to ignore the list by imposing daily quotas on detainees, leading to arbitrary captures and unjust detentions, Reyes said.
For his part, José Cruz, a researcher on security, violence and gang issues, explains that murders are not the main crime of gangs, but rather a consequence of the lack of agreements with governments. Cruz adds that in El Salvador there is a custom of political leaders making deals with gangs, a tradition that Bukele has continued.
Pacts with gangs
Cruz also mentions that, despite what Bukele presents publicly, his success is linked to negotiations with gangs as well as repression in the streets. According to the El Faro newspaper, the start of the emergency regime marked the end of the pact with the gangs, although some sources suggest that this pact is still in force.
For his part, Manuel denounces that during his confinement he observed preferential treatment towards certain gang members: better cells, a gym, more food and visits. “Prison is a corrupt system that protects gang members by offering them a better quality of life, while the poor live under pressure,” says Manuel, noting that gang members enjoy certain freedoms granted by the authorities.
Zaira Navas, chief lawyer for the human rights NGO Cristosal, says the effectiveness of a security policy cannot be as immediate as in El Salvador, indicating the existence of a pact with the gangs. Reyes says that before setting up the regime, MS-13 leaders have delivered weapons, vehicles and drugs, facilitating their captures. However, the resources have not been seized, which leaves doubts about their fate, he explains.
Quant au Barrio 18, Reyes affirme que le gouvernement a ordonné de ne pas capturer ses membres pendant la phase initiale du régime d’urgence, permettant ainsi aux dirigeants de fuir, principalement vers le Honduras. En effet, le 26 septembre a été enregistrée la reddition de deux de ces dirigeants, Alexis Asael Climaco Zelaya, alias « El Pijudo » ou « Cuervo », et Luis Antonio Aguirre González, également connu sous le nom de « Ángel Negro » ou « Culicha ”. , to Salvadoran justice by the Honduran authorities.
Meanwhile, the real victims of the emergency regime are in the penal center of La Esperanza (known as Mariona) and in Izalco, where Manuel was, who claims that there are more civilians than members imprisoned gangs. “It is propaganda and a very well -conducted media campaign,” said Escobar, praising the Bukele communication team.
Juan Martínez, a gang expert and anthropologist, believes that the emergency regime is transforming the Salvadoran government into a state mafia that replaces the gangs. “An organized criminal group is being created, more efficient and more powerful than the gangs, since it controls the state, the army and the police,” he explained.
“The government supports its policy with the information that suits it,” says Óscar Martínez, editor-in-chief of El Faro, highlighting the lack of transparency and access to public data. En ce sens, Escobar estime que, dans le cadre d’un pacte avec les gangs, de nombreux meurtres ne sont pas rendus publics et les corps ne sont pas laissés dans les rues ; Instead, they are buried in clandestine graves, around fifty of which were discovered between 2019 and 2022.
“The impact of the emergency regime on reducing crime is psychological, it is a feeling of security that is neither permanent nor real,” concludes Escobar.
