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El Salvador mass trials face allegations of denied defence rights

Human Rights Watch alleged that lawyers defending hundreds of people in El Salvador’s mass trials cannot adequately access case files or consult clients. Its investigation reviewed four indictments covering more than 600 defendants and a judgment convicting over 120 people. The organisation calls for individual assessment of evidence in proceedings under the country’s emergency security regime.

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A rear-view woman lawyer holding a folder waits before a closed wooden court door in a stone corridor beside an El Salvador flag.

Lawyers allege obstacles to defending hundreds of people

Human Rights Watch, an international human rights organisation, alleged that El Salvador’s mass trials restrict the ability of defendants to challenge accusations against them. Its October 7 findings describe lawyers unable to access case files, consult clients privately or spend adequate time presenting a defence. The allegations concern proceedings under the emergency regime introduced to combat gang violence.[1], [2]

Researchers interviewed 15 private defence lawyers and reviewed four indictments covering more than 600 defendants, as well as a judgment convicting over 120 people. In the judgment examined, nobody was acquitted and prison terms were 30 or 45 years.[1]

Individual accusations and hearing time come under criticism

The organisation says many indictments assign defendants roles such as gang collaborator or lookout without identifying an individual act or period. It describes reliance on anonymous witnesses receiving immunity or plea benefits and police paperwork. Lawyers also alleged that proposed defence witnesses were threatened with prosecution and that only minutes were allowed to defend dozens or hundreds of people.[1]

Emergency regime has continued since March 2022

El Salvador’s government presents the emergency regime, in place since March 2022, as a response to gangs. Human Rights Watch requested conviction and pretrial detention information from the Attorney General’s Office and Supreme Court. According to the organisation, prosecutors said the requested data were not found, while the court had not responded at publication. It called for individual evidence assessments and an independent review to release people held without credible evidence.[1]

References

  1. News sourceHuman Rights WatchHRW reports defence-rights violations in El Salvador mass trials↩1↩2↩3↩4
  2. News sourceEuropa PressDefence-rights warning over El Salvador mass trials↩
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