Amnesty International
Public Statement

El Salvador : Demonstrators are victims of antiterrorist legislation

Amnesty international expresses its profound concern with regard to the use of antiterrorist legislation against thirteen demonstrators and leaders of social organizations.  The authorities’ reaction appears to reflect an undue and disproportionate use of the Special Law against Acts of Terrorism, approved by the Legislative Assembly in September 2006.  In this context, the organization fears that the arrests have been made to punish individuals for having participated in legitimate acts of protest and to prevent similar actions in the future.

On July 2, 2007, during protests in Suchitoto against the imminent announcement by President Elias Antonio Saca of a national policy of decentralization, including water and other services, the demonstrators were repressed by the police with rubber bullets and tear gas.  According to reports, around 30 protestors were arrested, including four members of the Association for the Development of El Salvador (CRIPDES) while traveling toward the location of the demonstration.  Later, several of those arrested reported being subject to physical and psychological abuse during the arrest and transfer to police barracks.

Under international human rights norms, this was a legitimate demonstration.  This is why Amnesty International is worried by the application of the Special Law Against Acts of Terrorism against the accused.  It is also worried about the current status of the thirteen defendants, given that they were jailed with convicted criminals, many of whom committed violent offenses.

Amnesty International recognizes the right and the responsibility of the authorities to take the necessary measures to maintain pubic order, but they should always exercise their powers without breaking the international human rights norms that the Salvadoran State has the duty to respect.  Amnesty International emphasizes that when faced with situations that invoke the struggle against terrorism, the Inter American Human Rights Commission, among other regional and international organizations, has insisted that member States “take into account the pertinent promises in virtue of all of the international human rights instruments to which they are obliged.”

The decree and application of rules such as the Special Law against Acts of Terrorism, to the degree to which they contravene the precepts of fundamental rights constitute an arbitrary normative abuse by seeking to criminalize actions and individuals in an unjustified manner.

Amnesty International urgently calls upon the authorities to follow international human rights norms—the application of which prevails according to Article 144 of the Salvadoran Constitution—and begin timely, impartial, objective, and complete investigations.  As a result, Amnesty International believes that the charges that imply damage to the legitimate exercise of the fundamental rights remain without force and allow the freedom of those facing these charges.