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		<title>“Trigger-Happy” Laws Expand in Latin America</title>
		<link>https://www.ipsnews.net/2023/04/trigger-happy-policing-laws-expand-latin-america/</link>
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		<pubDate>Mon, 17 Apr 2023 05:17:43 +0000</pubDate>
		<dc:creator>Gustavo Gonzalez</dc:creator>
				<category><![CDATA[Crime & Justice]]></category>
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		<guid isPermaLink="false">https://www.ipsnews.net/?p=180247</guid>
		<description><![CDATA[Violence involving organized crime has made Latin America the most dangerous region in the world and has helped paved the way for a repressive kind of populism with a dangerous future, whose most visible symbol is Nayib Bukele, the president of El Salvador. According to United Nations reports, Latin America, home to eight percent of [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="208" src="https://www.ipsnews.net/Library/2023/04/a-2-300x208.jpg" class="attachment-medium size-medium wp-post-image" alt="Alleged gang members are transferred to the Terrorism Confinement Center, a mega-prison built by the government of Nayib Bukele in El Salvador to house 40,000 detainees accused of belonging to organized crime. CREDIT: Presidency of El Salvador" decoding="async" srcset="https://www.ipsnews.net/Library/2023/04/a-2-300x208.jpg 300w, https://www.ipsnews.net/Library/2023/04/a-2-768x532.jpg 768w, https://www.ipsnews.net/Library/2023/04/a-2-629x436.jpg 629w, https://www.ipsnews.net/Library/2023/04/a-2.jpg 976w" sizes="(max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">Alleged gang members are transferred to the Terrorism Confinement Center, a mega-prison built by the government of Nayib Bukele in El Salvador to house 40,000 detainees accused of belonging to organized crime. CREDIT: Presidency of El Salvador</p></font></p><p>By Gustavo González<br />SANTIAGO, Apr 17 2023 (IPS) </p><p>Violence involving organized crime has made Latin America the most dangerous region in the world and has helped paved the way for a repressive kind of populism with a dangerous future, whose most visible symbol is Nayib Bukele, the president of El Salvador.</p>
<p><span id="more-180247"></span>According to United Nations reports, Latin America, home to eight percent of the global population, accounts for 37 percent of the world’s homicides. (These statistics do not include deaths in wars, accidents and suicides.)</p>
<p>Observers talk about a generalized security crisis, and the Salvadoran president boasted of a 56.8 percent decline in the homicide rate per 100,000 inhabitants in 2022, while Ecuador, at the other end of the spectrum, showed an increase of 82 percent.</p>
<p>But comparisons in percentages from one year to the next are misleading if the absolute numbers are not taken into account. For example, the homicide rate in Chile increased 32.2 percent in 2022, although in actual numbers that meant 4.6 murders per 100,000 inhabitants. In El Salvador, the figure for the same year was 7.8 per 100,000.</p>
<p>Statistics in percentages, magnified by the media and by the rise in the degree of violence in the crimes committed, spread a sensation of insecurity and fear among the public.</p>
<p>&nbsp;</p>
<p><strong>The terrain of politics</strong></p>
<p>Politics have seized onto the insecurity crisis, which serves in some cases for the opposition to question the government, or in others for those in power to seek to neutralize their opponents. Both sides come up with shortsighted measures that do not attack the roots of the problem and can actually aggravate it in the medium to long term.</p>
<p>The most common reaction is to beef up the police force while providing it with greater means and authority to crack down on criminals. Police officers are given a greater margin of discretion to size up the danger and shoot – in other words, to become “trigger-happy”.</p>
<p>The expression is not new in the region. It became widespread in various countries between the 1960s and 1980s, under military dictatorships, when the law enforcement and armed forces murdered opponents in staged shootouts or brutally cracked down on social mobilizations.</p>
<p>The revival of these practices in the 21st century has required legitimization through laws, such as the so-called &#8220;law of privileged legitimate defense&#8221;, passed in Chile on Apr. 10, or broader norms that involve the police, the military and the powers of the State, as Bukele has pushed through in El Salvador.</p>
<p>Bukele, the leader of El Salvador’s Nuevas Ideas party, used his majority in the legislature to allow him to be re-elected as president. And on Mar. 22, 2022, he declared a state of emergency, accompanied by various legislative reforms that in practice gave him a free hand in his fight against crime, namely gangs known in Central America as maras.</p>
<p>More than a year after the state of emergency was declared, Amnesty International denounced widespread violations of human rights in the small Central American country:</p>
<p>“This policy has resulted in more than 66,000 detentions, most of them arbitrary; ill-treatment and torture; flagrant violations of due process; enforced disappearances; and the deaths in state custody of at least 132 people who at the time of their deaths had not been found guilty of any crime,” the human rights watchdog said in a statement released on Apr. 3.</p>
<p>“Key to the commission of these human rights violations has been the coordination and collusion of the three branches of government; the putting in place of a legal framework contrary to international human rights standards, specifically with regard to criminal proceedings; and the failure to adopt measures to prevent systematic human rights violations under a state of emergency,” it added.</p>
<p>&nbsp;</p>
<div id="attachment_180249" style="width: 639px" class="wp-caption aligncenter"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-180249" class="wp-image-180249" src="https://www.ipsnews.net/Library/2023/04/aa-2.jpg" alt="" width="629" height="439" srcset="https://www.ipsnews.net/Library/2023/04/aa-2.jpg 768w, https://www.ipsnews.net/Library/2023/04/aa-2-300x209.jpg 300w, https://www.ipsnews.net/Library/2023/04/aa-2-629x439.jpg 629w" sizes="(max-width: 629px) 100vw, 629px" /><p id="caption-attachment-180249" class="wp-caption-text">A member of the carabineros, Chile’s militarized police, is photographed while opening fire on a street in Santiago. CREDIT: Courtesy of El Desconcierto</p></div>
<p>&nbsp;</p>
<p><strong>Repressive populism</strong></p>
<p>Bukele replaced prisons with virtual concentration camps. A total of 1.5 percent of Salvadorans are currently deprived of liberty, which means the Central American country has the highest incarceration rate in the world.</p>
<p>However, opinion polls show that eight out of 10 Salvadorans are satisfied with the current president and want him to be reelected, while some dissident voices warn that the State is replacing the gangs as an agent of intimidation and concentration of power.</p>
<p>The temptation to imitate Bukele with repressive populism that feeds on showy measures is present throughout Latin America. While the “privileged legitimate defense law” was being debated in Chile, Rodolfo Carter, mayor of the municipality of La Florida, in Santiago, demolished houses registered as belonging to drug traffickers, in front of the television cameras.</p>
<p>In Ecuador, President Guillermo Lasso, threatened by impeachment, announced in early April that he was authorizing the &#8220;possession and carrying of weapons for civilian use for personal defense&#8221; as an urgent measure against the &#8220;common enemies: delinquency, drug trafficking and organized crime.”</p>
<p>Delinquency, drug trafficking and criminal organizations are recurring terms when talking about insecurity, but a dangerous drift is often observed where ‘trigger-happy’ laws and measures give way to repression against social protests or empower political persecution under the guise of fighting terrorism.</p>
<p>&nbsp;</p>
<p><strong>Criminalizing the poor</strong></p>
<p>Javier Macaya, president of the Unión Demócrata Independiente, a far-right Chilean party that vindicates the dictatorship of Augusto Pinochet (1973-1990), accused the United Nations of supporting &#8220;political violence&#8221; when its High Commissioner for Human Rights Volker Türk warned of the dangers posed by the “law of privileged self-defense”.</p>
<p>The authoritarian scope of “trigger-happy” laws also includes the criminalization of immigrants and poor neighborhoods, classified as gang territories that shelter drug trafficking rings, although large drug traffickers and drug users from high-income sectors are rarely prosecuted in the cities of Latin America.</p>
<p>Political persecution is often disguised as security, as in Nicaragua in February when 222 dissidents were expelled and stripped of their nationality. The government of Daniel Ortega accused them of &#8220;treason&#8221;, described them as &#8220;terrorists&#8221; and &#8220;mercenaries&#8221; and justified the measure in the name of national peace.</p>
<p>Security has been instated as Latin America’s most pressing issue. The latest Amnesty International report documents arbitrary acts in Venezuela that include forced disappearances and extrajudicial executions. Haiti, mired in ungovernability, is another country where human rights are a victim of insecurity.</p>
<p>The complexities of the fight against crime involve strengthening the police and also growing vigilante justice on the part of citizens. In Brazil, the far-right government of Jair Bolsonaro (2019-2022) authorized the police to kill criminals and loosened restrictions on gun ownership for civilians. His successor, Luis Inácio Lula da Silva, suspended the measures after taking office on Jan. 1.</p>
<p>Latin America has become a kind of arsenal, with more powerful weapons for the police, and also with the illegal trade that feeds organized crime. A third of the firearms seized in 2017 in El Salvador, Honduras, Mexico, Nicaragua and Panama came from the United States.</p>
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		<title>Salvadoran Government So Far Unscathed by US Legal Case Alleging Secret Pact with Gangs</title>
		<link>https://www.ipsnews.net/2023/03/salvadoran-government-far-unscathed-us-legal-case-alleging-secret-pact-with-gangs/</link>
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		<pubDate>Mon, 13 Mar 2023 05:29:55 +0000</pubDate>
		<dc:creator>Edgardo Ayala</dc:creator>
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		<guid isPermaLink="false">https://www.ipsnews.net/?p=179875</guid>
		<description><![CDATA[Despite serious allegations by the US justice system that two officials of the government of Nayib Bukele reached a secret agreement with the MS-13 gang to keep the homicide rate low, the Salvadoran president seems to have escaped unscathed for now, without political costs. The MS-13 gang members reached the agreement, according to investigations, in [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="200" src="https://www.ipsnews.net/Library/2023/03/a-1-300x200.jpg" class="attachment-medium size-medium wp-post-image" alt="Salvadoran President Nayib Bukele (C) tours the facilities of the Terrorism Confinement Center (Cecot) in January, when through a video he showed for the first time the interior of the new mega-prison, built to hold 40,000 gang members. Some 65,000 people accused of belonging to the gangs or maras have been arrested since the state of emergency was declared in March 2022. CREDIT: Presidency of El Salvador - Despite serious allegations by the US justice system that two officials of the government of Nayib Bukele reached a secret pact with gangs to keep the homicide rate low, the Salvadoran president seems to have escaped unscathed for now, without political costs" decoding="async" loading="lazy" srcset="https://www.ipsnews.net/Library/2023/03/a-1-300x200.jpg 300w, https://www.ipsnews.net/Library/2023/03/a-1-768x512.jpg 768w, https://www.ipsnews.net/Library/2023/03/a-1-629x420.jpg 629w, https://www.ipsnews.net/Library/2023/03/a-1.jpg 976w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">Salvadoran President Nayib Bukele (C) tours the facilities of the Terrorism Confinement Center (Cecot) in January, when through a video he showed for the first time the interior of the new mega-prison, built to hold 40,000 gang members. Some 65,000 people accused of belonging to the gangs or maras have been arrested since the state of emergency was declared in March 2022. CREDIT: Presidency of El Salvador</p></font></p><p>By Edgardo Ayala<br />SAN SALVADOR, Mar 13 2023 (IPS) </p><p>Despite serious allegations by the US justice system that two officials of the government of Nayib Bukele reached a secret agreement with the MS-13 gang to keep the homicide rate low, the Salvadoran president seems to have escaped unscathed for now, without political costs.</p>
<p><span id="more-179875"></span>The MS-13 gang members reached the agreement, according to investigations, in exchange for benefits offered by the Bukele administration after the president took office in February 2019.</p>
<p>One of the benefits was apparently not to extradite to the United States leaders of the gangs who are in prison in El Salvador, according to the criminal <a href="https://www.justice.gov/usao-edny/pr/three-highest-ranking-ms-13-leaders-world-arrested-terrorism-and-racketeering-charges">indictment </a>filed by the Attorney General&#8217;s Office of the Eastern District of New York.</p>
<p>The legal action was filed in September 2022, but it was made public on Feb. 23, and it targets 13 leaders of the fearsome MS-13 gang, who are held responsible for murders and other crimes committed in the United States, Mexico and El Salvador.“I do not believe the legal action in New York will damage Bukele’s reelection prospects.” -- Jorge Villacorta<br /><font size="1"></font></p>
<p>“The accusation (in New York) merely confirms something we already knew,” analyst Jorge Villacorta told IPS.</p>
<p>Villacorta was referring to investigative journalistic reports by the newspaper El Faro, which since 2021 revealed the secret negotiations that the Bukele administration held with the gangs, which the president has consistently denied.</p>
<p>But it is one thing for a newspaper to report this and quite another for it to come from an accusation from the United States Attorney&#8217;s Office, in an investigation in which the Federal Bureau of Investigation (FBI) participated.</p>
<p>&#8220;Because in this case we are talking about legal action&#8221; by the U.S. justice system, which could affect the two officials implicated, Mario Vega, an evangelical pastor who studies the phenomenon of gang violence in El Salvador, told IPS.</p>
<p>Since 2012, the United States has considered MS-13 a transnational criminal organization.</p>
<p>A grand jury has reportedly already heard the evidence presented by the prosecution and has endorsed a trial, at an unspecified date.</p>
<p>Three gang members and others who could be captured later could at some point in the trial testify against the two Bukele officials, “and we are going to find out about all the secrecy that has surrounded the negotiations,” Vega added.</p>
<p>The two officials are the director of the General Directorate of Penitentiaries, Osiris Luna, and the head of the Directorate for the Reconstruction of the Social Fabric, Carlos Marroquín.</p>
<p>Neither of them are mentioned by name in the legal action, but they are clearly identifiable by their government positions.</p>
<p>Nor is it mentioned that they reportedly reached an agreement with gang members under the auspices of the Salvadoran president, but that is obvious because given the president&#8217;s authoritarian style, no one moves a finger without his consent.</p>
<p>Bukele, a millennial neo-populist who governs with increasing authoritarianism, has been waging a frontal war against gangs since Mar. 27, 2022, which has led him to imprison more than 65,000 members, with the help of a state of emergency in place since then.</p>
<p>However, the war apparently broke out once the pact with the gangs broke down. In the course of the trial in New York it may be verified that the secret negotiations took place since 2019 and were suspended in March 2022.</p>
<p>So far, the crackdown on the gangs, known here as maras, has drawn the applause of the majority of the population in this Central American country of 6.7 million people, according to the opinion polls.</p>
<p>But the president has also come under fire for abuses by soldiers and police, who have arrested people with no ties to the maras.</p>
<div id="attachment_179897" style="width: 640px" class="wp-caption alignleft"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-179897" src="https://www.ipsnews.net/Library/2023/03/salvadoran_22__.jpg" alt="" width="630" height="420" class="size-full wp-image-179897" srcset="https://www.ipsnews.net/Library/2023/03/salvadoran_22__.jpg 630w, https://www.ipsnews.net/Library/2023/03/salvadoran_22__-300x200.jpg 300w, https://www.ipsnews.net/Library/2023/03/salvadoran_22__-629x419.jpg 629w" sizes="auto, (max-width: 630px) 100vw, 630px" /><p id="caption-attachment-179897" class="wp-caption-text">Around 2,000 suspected gang members were transferred in late February to the mega-prison that the government built to hold a large part of the gang members arrested under the state of emergency, which has suspended some constitutional guarantees since March 2022 in El Salvador, allowing abuses and arbitrary arrests by soldiers and police. CREDIT: Presidency of El Salvador</p></div>
<p><strong>Immune ahead of the elections</strong></p>
<p>And what could spell a major blow to their credibility for any president and would perhaps shake the foundations of a government would not make a big dent in Bukele’s popularity, said analysts interviewed by IPS.</p>
<p>With regard to the news about the case in New York, &#8220;people see it as suppositions or simply do not believe it; I do not see it as generating significant political costs for Bukele,&#8221; added Villacorta, a former leftist member of Congress.</p>
<p>It will apparently not affect the president even as he is getting ready to seek reelection in the Feb. 4, 2024 elections. He has already announced that he will run again, but his candidacy has not yet been made official.</p>
<p>Although his campaign has not been launched, Bukele and his Nuevas Ideas party are already mobilizing their publicity machine, in the face of an opposition that is keeping its head down.</p>
<p>Most lawyers agree that the Salvadoran constitution prohibits immediate reelection.</p>
<p>In May 2021, a new Legislative Assembly, controlled by Nuevas Ideas, dismissed the five judges of the Constitutional Chamber of the Supreme Court without the proper procedures and appointed five of their allies, who endorsed the right to reelection.</p>
<p>“I do not believe the legal action in New York will damage Bukele’s reelection prospects,” said Villacorta, a critic of the president.</p>
<p>This is due to the high levels of popularity that the president has among the public and the widespread acceptance of the state of emergency, which suspends some constitutional guarantees and has made it possible to capture 65,000 gang members.</p>
<p>Some 2,000 imprisoned gang members were transferred at the end of February to the Terrorism Confinement Center, a mega-prison that the government built on the outskirts of the municipality of Tecoluca in central El Salvador to hold some 40,000 prisoners.</p>
<p>Villacorta added: &#8220;What is perceived in the country and abroad is that Bukele, like some kind of superhero, in a few months has squashed the gangs.&#8221;</p>
<p>However, despite abundant evidence of abuses and arbitrary arrests, ordinary Salvadorans are overlooking this because their main problem, gang violence, has been successfully reduced.</p>
<p>“People will tend to forgive his past deeds, due to the fact that now they (gang members) are all imprisoned. This narrative is the one that moves people, and these are the emotions that count when it comes to voting,” commented Pastor Vega, also an opponent of Bukele.</p>
<p>Of the 65,000 incarcerated gang members, 58,000 have had an initial hearing before a judge, Justice and Public Security Minister Gustavo Villatoro said on Mar. 8 in a television interview.</p>
<p>The case brought in New York does not affect Bukele; &#8220;on the contrary, it makes Salvadorans mad, because they say &#8216;do they want us to keep suffering (from the gangs)?’. They are not going to say, &#8216;Ok they’re right, (the government) has brainwashed us’,” criminologist Misael Rivas told IPS.</p>
<p>&nbsp;</p>
<p><strong>Negotiations today and always</strong></p>
<p>But Bukele&#8217;s war against the &#8220;maras&#8221; is now more in doubt than ever, with the investigation and accusation initiated by the US justice system against the 13 leaders of the MS-13.</p>
<p>In the criminal indictment, the US Attorney&#8217;s Office states that since 2012 the gangs, including Barrio 18, the other major mara, engaged in secret negotiations with the government and political parties.</p>
<p>In that year, the country was governed by the Farabundo Martí National Liberation Front (FMLN), the guerrilla group that became a political party in 1992, after the end of the 12-year Salvadoran civil war.</p>
<p>The pact or “truce” fell apart in 2015.</p>
<p>Negotiations with the gangs continued in 2019 “in connection with the 2019 elections,” the document continues. That year, in February, Nayib Bukele won the presidency with a large majority of votes.</p>
<p>It adds that several leaders of the MS-13 secretly met &#8220;numerous times&#8221; with the two officials &#8211; Luna and Marroquín, although it does not mention their names, only their posts.</p>
<p>These meetings took place in the Zacatecoluca and Izalco prisons, in the center and west of the country, it adds, which had already been reported by El Faro.</p>
<p>&nbsp;</p>
<p><strong>Batman in trouble?</strong></p>
<p>Even when the alleged pact with the Bukele administration fell apart in March 2022, in one of the voice recordings published two months later by the newspaper, Marroquín is heard saying that &#8220;Batman&#8221; (a pseudonym for the president) was fully aware of the situation.</p>
<p>The MS-13 also agreed to support Nuevas Ideas in the 2021 parliamentary elections, which that party won by a large majority</p>
<p>Of the 13 indicted MS-13 leaders, three were arrested on Feb. 22 in Mexico &#8220;by the authorities of that country and extradited to the United States,&#8221; the Attorney General&#8217;s Office for the Eastern District of New York said a day later, in an official statement.</p>
<p>Those captured are: Vladimir Antonio Arévalo Chávez (nicknamed “Vampiro de Monserrat Criminales”), Walter Yovani Hernández Rivera (“Baxter from Park View”) and Marlon Antonio Menjívar Portillo (“Red from Park View”).</p>
<p>Criminologist Rivas said the outcome of the trial, once it begins, is far from certain.</p>
<p>If prosecutors press for the details of the negotiations with the Bukele government, defense attorneys would have to work hard to undermine the gang members&#8217; credibility when it came to implicating the two Salvadoran officials, he said.</p>
<p>&#8220;Thinking as a defense attorney, suppose they gave me the case, I would insist on why they are bringing the case up now, when there is a frontal attack against the gangs and the Salvadoran people are finally happy?&#8221; said Rivas, who is also a lawyer and who supports the state of emergency.</p>
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		<title>Salvadoran President’s Secrecy about New Mega-Prison &#8211; a Harbinger of Corruption</title>
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		<pubDate>Mon, 13 Feb 2023 07:22:15 +0000</pubDate>
		<dc:creator>Edgardo Ayala</dc:creator>
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		<guid isPermaLink="false">https://www.ipsnews.net/?p=179458</guid>
		<description><![CDATA[The construction of a mega-prison, in which the government of El Salvador intends to imprison some 40,000 gang members, is in line with President Nayib Bukele’s tendency to hide public information on public projects, classifying them as &#8220;reserved.&#8221; The Bukele administration thus continues to bypass accountability and transparency procedures, building a huge prison about which [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="200" src="https://www.ipsnews.net/Library/2023/02/a-2-300x200.jpg" class="attachment-medium size-medium wp-post-image" alt="Aerial view of the Terrorism Confinement Center, the mega-prison that the Salvadoran government has built to house some 40,000 gang members, and about which very little is known because the information was classified as confidential by the Nayib Bukele administration. CREDIT: Presidency of El Salvador" decoding="async" loading="lazy" srcset="https://www.ipsnews.net/Library/2023/02/a-2-300x200.jpg 300w, https://www.ipsnews.net/Library/2023/02/a-2-768x512.jpg 768w, https://www.ipsnews.net/Library/2023/02/a-2-629x420.jpg 629w, https://www.ipsnews.net/Library/2023/02/a-2.jpg 976w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">Aerial view of the Terrorism Confinement Center, the mega-prison that the Salvadoran government has built to house some 40,000 gang members, and about which very little is known because the information was classified as confidential by the Nayib Bukele administration. CREDIT: Presidency of El Salvador</p></font></p><p>By Edgardo Ayala<br />SAN SALVADOR, Feb 13 2023 (IPS) </p><p>The construction of a mega-prison, in which the government of El Salvador intends to imprison some 40,000 gang members, is in line with President Nayib Bukele’s tendency to hide public information on public projects, classifying them as &#8220;reserved.&#8221;</p>
<p><span id="more-179458"></span>The Bukele administration thus continues to bypass accountability and transparency procedures, building a huge prison about which no one knows important details, as in the case of other government projects.</p>
<p>Construction work on the prison began last year, under a blanket of total secrecy.</p>
<p>The only information available was that the prison was being built on a 165-hectare rural piece of land, in the El Perical hamlet in Tecoluca municipality, in the central department of San Vicente. It was finished in seven months.“There is a policy, I would dare to say public, because it is a decision of the Salvadoran State to keep everything under wraps. No matter what, there is always something that they want to keep secret.” -- Wilson Sandoval<br /><font size="1"></font></p>
<p>It was Bukele himself, <a href="https://www.youtube.com/watch?v=fuBjhrgYkdM">in a televised program</a> on Jan. 31, who formalized the start of prison operations during a tour of the facilities, accompanied by four officials.</p>
<p>The jail was still empty of inmates, and it was not announced when they would begin to be transferred there.</p>
<p>&nbsp;</p>
<p><strong>Cloak of secrecy</strong></p>
<p>Despite the magnitude of the mega-project, the public does not know how much was spent on it and, above all, what criteria were taken into consideration to award the project, or which company built it, among other aspects.</p>
<p>Critics question Bukele about this veil of secrecy, the same one that has previously surrounded issues related to the COVID-19 pandemic, for example, or the construction of other public works.</p>
<p>“There is a policy, I would dare to say public, because it is a decision of the Salvadoran State to keep everything under wraps. No matter what, there is always something that they want to keep secret,” Wilson Sandoval, head of the Anticorruption Legal Advice Center of the <a href="https://funde.org/">National Foundation for Development</a>, told IPS.</p>
<p>Although Salvadoran legislation allows some aspects of government programs to be classified as reserved, out of national security concerns for example, the Bukele administration keeps almost everything shrouded in secrecy.</p>
<p>In the case of the new prison, Sandoval said they were not demanding that sensitive or confidential information be revealed, such as the penitentiary’s internal security protocols.</p>
<p>He said the issue was basic aspects that should be available to the public, such as the cost of the prison and the bidding processes, since it was built with public funds.</p>
<p>The official secrecy surrounding the prison was announced in December 2022 and will be in force until 2024, according to the local newspaper <a href="https://www.laprensagrafica.com/">La Prensa Gráfica</a>.</p>
<p>But it is very likely that before the deadline expires, the classification will be extended, as has happened in other cases, added the expert.</p>
<p>The abuse of government secrecy can lead to embezzlement of funds, he said.</p>
<p>&#8220;I would say that more than a doubt, it is rather almost a certainty (that there may be mismanagement) because there is a basic formula in public management: discretion plus opacity will normally result in corruption,&#8221; Sandoval argued.</p>
<div id="attachment_179462" style="width: 639px" class="wp-caption aligncenter"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-179462" class="wp-image-179462" src="https://www.ipsnews.net/Library/2023/02/aa-2.jpg" alt="Salvadoran President Nayib Bukele listens to an explanation from an official about how the X-ray scanners operate, located at the entrance of the mega-prison that has been built in the center of the country. Bukele made the opening of the facility official on Jan. 31, during a tour of the facilities. CREDIT: Presidency of El Salvador" width="629" height="419" srcset="https://www.ipsnews.net/Library/2023/02/aa-2.jpg 768w, https://www.ipsnews.net/Library/2023/02/aa-2-300x200.jpg 300w, https://www.ipsnews.net/Library/2023/02/aa-2-629x419.jpg 629w" sizes="auto, (max-width: 629px) 100vw, 629px" /><p id="caption-attachment-179462" class="wp-caption-text">Salvadoran President Nayib Bukele listens to an explanation from an official about how the X-ray scanners operate, located at the entrance of the mega-prison that has been built in the center of the country. Bukele made the opening of the facility official on Jan. 31, during a tour of the facilities. CREDIT: Presidency of El Salvador</p></div>
<p>&nbsp;</p>
<p><strong>The largest prison in the Americas</strong></p>
<p>The government has boasted of building the prison, which it has described as the largest in the Americas, as if it were inaugurating a public university or a state-of-the-art hospital.</p>
<p>“It is logical to think that the government needs prisons, because otherwise it would have nowhere to put criminals in jail,” an Uber motorcycle driver, who was driving along one of the avenues in San Salvador and said his name was Carlos, told IPS.</p>
<p>The mega-prison, called the Center for the Confinement of Terrorism (Cecot), will hold a good part of the almost 63,000 people held under the state of emergency that the government declared in late March 2022.</p>
<p>The state of emergency suspended several constitutional guarantees, such as extending the term from three to 15 days for filing charges before a judge.</p>
<p>The war on gangs led at first to massive arrests of people suspected of belonging to the gangs or “maras”, in many cases without due process.</p>
<p>The maras took root in El Salvador in the early 1990s, when young Salvadorans who became part of gangs in the United States were deported to this impoverished Central American nation and brought their gang affiliation with them.</p>
<p>The mega-prison has several security rings, the main one being a concrete perimeter wall, 11 meters high and reinforced at the top with a 15,000-volt electrified fence. It also has 19 watchtowers.</p>
<p>Another security ring has been set up on the outskirts of the compound, made up of 600 soldiers and 250 police officers.</p>
<p>Modern X-ray equipment will fully scrutinize the body of whoever enters, to keep out prohibited objects.</p>
<p>Standing in front of one of the X-ray screens, Bukele told one of his officials: &#8220;You can see everything here, even the lungs, the bones.&#8221;</p>
<p>On Feb. 3 <a href="https://www.amnesty.org/en/">Amnesty International</a> tweeted against the prison saying it would mean &#8220;continuity and escalation of the abuses&#8221; committed during the massive raids, documented by local and international organizations.</p>
<div id="attachment_179463" style="width: 639px" class="wp-caption aligncenter"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-179463" class="wp-image-179463" src="https://www.ipsnews.net/Library/2023/02/aaa-1.jpg" alt="Salvadoran President Nayib Bukele tours one of the cell blocks of the prison built in the center of El Salvador. International human rights organizations have criticized the project, with Amnesty International saying it would mean &quot;the continuity and escalation of the abuses&quot; committed under the state of emergency. CREDIT: Presidency of El Salvador" width="629" height="419" srcset="https://www.ipsnews.net/Library/2023/02/aaa-1.jpg 768w, https://www.ipsnews.net/Library/2023/02/aaa-1-300x200.jpg 300w, https://www.ipsnews.net/Library/2023/02/aaa-1-629x419.jpg 629w" sizes="auto, (max-width: 629px) 100vw, 629px" /><p id="caption-attachment-179463" class="wp-caption-text">Salvadoran President Nayib Bukele tours one of the cell blocks of the prison built in the center of El Salvador. International human rights organizations have criticized the project, with Amnesty International saying it would mean &#8220;the continuity and escalation of the abuses&#8221; committed under the state of emergency. CREDIT: Presidency of El Salvador</p></div>
<p>&nbsp;</p>
<p><strong>Machiavellian style: does the end justify the means?</strong></p>
<p>The new prison is the most recent move by the Bukele government, in its fight against gangs.</p>
<p>That fight, at least until the state of emergency, had been thrown into doubt when an investigation by the online newspaper <a href="https://elfaro.net/">El Faro</a> revealed in 2020 that the Bukele administration had negotiated with the gangs to reduce the number of homicides in the country.</p>
<p>Bukele began his five-year term in June 2019, at the age of 38, with an air of modernity that led him to be described as the millennial president.</p>
<p>But after he gained a majority in Congress two years later, he took control of the Judiciary and the Attorney General&#8217;s Office, taking steady steps towards authoritarianism.</p>
<p>Since the government announced the state of emergency in March 2022, human rights organizations have denounced more than 4,000 cases of arbitrary detentions and abuses by soldiers and police officers emboldened by Bukele&#8217;s hard line against the gangs.</p>
<p>In fact, the government itself has reported that around 3,000 detainees have already been released, as their participation in the maras was not proven.</p>
<p>That has been read by opponents as evidence that innocent people have indeed been arrested.</p>
<p>But the government gives it a positive spin, saying it shows that the cases are being investigated, and that if there is no conclusive evidence, people are released.</p>
<p>Carlos, the Uber driver, pointed out that since the state of emergency began, the neighborhoods of San Salvador are safer, and he himself has seen this because he can now enter areas that were previously too dangerous to visit, as they were controlled by the maras.</p>
<p>Like him, the majority of the population of 6.7 million inhabitants of this small Central American country approve of Bukele’s measures to dismantle the gangs, as can be seen when people are asked on the streets of towns and cities, and as all opinion polls confirm.</p>
<p>&#8220;Only he has put on his pants against the gang members,&#8221; Carlos said.</p>
<p>But the impression is that the public backs the crackdown on gangs even when human rights violations are involved.</p>
<p>The problem of murders and insecurity in El Salvador was so severe that most people back the measures, as long as their own family members are not arbitrarily detained and subjected to police brutality.</p>
<p>When the murder rate peaked in 2015, El Salvador had a rate of 103 homicides per 100,000 inhabitants, making it the most violent country in the world</p>
<p>At the end of 2022, three and a half years into the Bukele administration, the homicide rate had plunged to 7.8 murders per 100,000 population.</p>
<p>But not everyone agrees with the Machiavellian principle that the end justifies the means and that gangs should be fought at any cost.</p>
<p>Despite agreeing, in general, with Bukele´s fight against gangs, Álvaro, who draws portraits in downtown San Salvador, told IPS that it does not seem right for abuses to be committed in the persecution of gangs.</p>
<p>&#8220;It is obvious, what is being done (against the gangs) is a good thing, but we must remember that there are cases, perhaps not a large percentage, of people who are innocent,&#8221; he added, sitting outside the National Theater waiting for customers.</p>
<p>&#8220;They are people who have been victims of an unfounded complaint. This has happened and from what I see it will continue to happen,” he said.</p>
<p>&#8220;The key is how to make legal and police work more efficient, without detaining everyone who is reported,&#8221; he argued.</p>
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		<title>Gangs and Government Put Their Cards on the Table in El Salvador</title>
		<link>https://www.ipsnews.net/2012/08/gangs-and-government-put-their-cards-on-the-table-in-el-salvador/</link>
		<comments>https://www.ipsnews.net/2012/08/gangs-and-government-put-their-cards-on-the-table-in-el-salvador/#respond</comments>
		<pubDate>Sat, 25 Aug 2012 01:03:21 +0000</pubDate>
		<dc:creator>Edgardo Ayala</dc:creator>
				<category><![CDATA[Crime & Justice]]></category>
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		<guid isPermaLink="false">http://www.ipsnews.net/?p=111980</guid>
		<description><![CDATA[The two main youth gangs in El Salvador and the government have exchanged the main points they would like to discuss in talks aimed at bringing to an end to two decades of spiraling criminal violence. But the media, legislators and the public at large remain hostile to the possible start of negotiations. The leaders [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="169" src="https://www.ipsnews.net/Library/2012/08/El-Salvador-maras-small-300x169.jpg" class="attachment-medium size-medium wp-post-image" alt="" decoding="async" loading="lazy" srcset="https://www.ipsnews.net/Library/2012/08/El-Salvador-maras-small-300x169.jpg 300w, https://www.ipsnews.net/Library/2012/08/El-Salvador-maras-small.jpg 500w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">Carlos Mojica, surrounded by other gang members in the Cojutepeque prison. Credit: Edgardo Ayala/IPS </p></font></p><p>By Edgardo Ayala<br />SAN SALVADOR, Aug 25 2012 (IPS) </p><p>The two main youth gangs in El Salvador and the government have exchanged the main points they would like to discuss in talks aimed at bringing to an end to two decades of spiraling criminal violence. But the media, legislators and the public at large remain hostile to the possible start of negotiations.</p>
<p><span id="more-111980"></span>The leaders of Mara Salvatrucha (MS-13) and Barrio 18, who are in different prisons, made the first move, presenting the government of centre-left President Mauricio Funes with the demands they would want to include on the agenda of eventual negotiations.</p>
<p>In public, the government still rejects the possibility of sitting down to talk with the “maras” or gangs, principally because of the potential political fallout from an initiative that is not widely accepted, say analysts who spoke to IPS.</p>
<p>But the Funes administration has also provided the gang leaders with its list of proposals to be discussed in what would be the second phase of efforts towards curbing the violence in El Salvador – after the current contacts, which are preliminary and indirect, but with facilitators on both sides.</p>
<p>In March, the two maras agreed to <a href="https://www.ipsnews.net/2012/04/truce-between-salvadoran-gangs-brings-fragile-hope/" target="_blank">a ceasefire </a>between themselves and against the police, the military and civilians. Since then, the number of homicides in this impoverished Central American nation of 6.2 million people, up to then <a href="https://www.ipsnews.net/2011/11/el-salvador-giving-young-slum-dwellers-a-chance/" target="_blank">one of the most violent countries</a> in the world, has been drastically reduced: from 12 to 14 a day to five or six.</p>
<p>“We believe the process is moving forward, although there are hurdles, there are obstacles, there are people and entities opposed to it,” the leader of one of the two factions of Barrio 18, Carlos Mojica, told IPS. Mojica is taking part in the preliminary, indirect negotiations with the government from a prison near the capital where he is doing time.</p>
<p><a href="https://www.ipsnews.net/2008/09/qa-quotviolence-is-part-of-the-history-of-el-salvadorquot/" target="_blank">The gangs </a>first emerged in the United States, created by Salvadoran refugees fleeing the 1980-1992 civil war. When many of the gang members were deported, they began to recruit youngsters living in the slums in this country, and the maras grew into violent organisations dedicated to extortion, kidnapping and drug trafficking.</p>
<p>The local media, which are mainly conservative, act as a sounding board for the broad public opposition to negotiations between the government and the maras, as do most of the members of the single-chamber Congress. But the media and the legislature both play a key role when it comes to accepting proposals set forth by the gangs.</p>
<p>The government’s role in the truce between the two maras is not clear. But it was generally understood to have acted as a facilitator. In March, some gang leaders were transferred to medium-security prisons – a move that analysts saw as part of the process that gave rise to an agreement.</p>
<p>Some of the gang leaders’ proposals for negotiations have to do with changes to legislation that currently excludes the members of maras from privileges like parole for inmates who are suffering from terminal illnesses or are over 65 years old.</p>
<p>“Look what they are asking for: changing the laws. That shows the power achieved by these groups,” analyst Dagoberto Gutiérrez told IPS.</p>
<p>According to official estimates, there are some 60,000 gang members in El Salvador, not counting the 10,000 who are in prison.</p>
<p>Other demands are even less likely to be accepted, such as the repeal of the anti-gang law approved by Funes himself in 2010, which outlaws the very existence of the maras.</p>
<p>Experts agree that the law, which focuses on law enforcement approaches to cracking down on gangs, has failed to generate results, just like past legislation based on a <a href="https://www.ipsnews.net/2008/02/central-america-gangs-flourish-as-39zero-tolerance39-measures-fail/" target="_blank">“zero tolerance” approach</a>.</p>
<p>For example, it allows the police to arrest anyone suspected of belonging to a gang. However, the suspect must be released if there is no evidence that he or she committed a crime.</p>
<p>“Article 3 of the constitution stipulates that no one can be discriminated against because of race, sex or other consideration. But they do discriminate against us,” Mojica told IPS, surrounded by around 100 gang members held in the prison in the city of Cojutepeque, 36 km east of San Salvador.</p>
<p>“The Ley de Proscripción de Pandillas (anti-gang law) is unconstitutional,” he added.</p>
<p>The gangs are also demanding the repeal of articles that require that gang members classified as highly dangerous be held in isolation in special prisons.</p>
<p>These gang members are concentrated in the prison in the central Salvadoran city of Zacatecoluca, where they are held in total isolation. The facility is popularly known as &#8220;Zacatraz&#8221;, in reference to the notorious federal U.S. prison on an island in San Francisco Bay, which was closed in 1963. Mojica was held in the Zacatecoluca prison until March.</p>
<p>The mara leaders also want the elimination of the sentence reduction to which witnesses are entitled if they testify against others allegedly involved in a crime.</p>
<p>Prosecutors heavily rely on the sentence reduction mechanism to secure the conviction of gang members, who pack the cells of El Salvador’s overcrowded prisons.</p>
<p>But members of the maras say the mechanism is abused, and cases are thrown together with insufficient evidence.</p>
<p>They also want the suspension of police operations in areas with a heavy gang presence – an idea that is especially resisted by the communities in question and society in general.</p>
<p>“The police have a constitutional mandate to fight crime, and a halt to these operations in those areas cannot be considered,” commented Mauricio Figueroa, executive director of the Fundación Ideas y Acciones para la Paz Quetzalcoatl (Quetzalcoatl Ideas and Actions Peace Foundation).</p>
<p>“This could be an obstacle that could trip up the talks,” he told IPS.</p>
<p>For his part, Raúl Mijango, a former guerrilla commander and former legislator who is acting as a facilitator or mediator in this first preliminary and indirect phase of a possible negotiation process, assured IPS that these suggestions are not seen as “points of honour” by the gang members.</p>
<p>In July, the leaders of the two maras read out their petitions in private to Organisation of American States (OAS) Secretary-General José Miguel Insulza, who visited the country to learn about the pre-negotiation process.</p>
<p>These points were reported by the blog Política Stéreo.</p>
<p>Insulza promised to act as a guarantor of the agreement already reached and any future accords.</p>
<p>On Jul. 31, the Diario de Hoy newspaper published the list of proposals that the government presented to the gangs, which included a complete halt to all crimes in which people are killed or injured, and of kidnapping, extortion, robbery and drug sales.</p>
<p>Studies show that the gangs have been strengthened financially by means of drug trafficking and dealing, and especially extortion, which targets the civilian population indiscriminately, regardless of social class.</p>
<p>Extortion – for example, demands for <a href="https://www.ipsnews.net/2011/04/el-salvador-drivers-risk-extortion-murder-by-gangs/" target="_blank">protection money from bus drivers</a> – was not suspended after March, and this has further dampened any possible public faith in the truce and in eventual negotiations, said the analysts consulted by IPS.</p>
<p>The government also proposes that all members of gangs involved in crimes or wanted by the authorities turn themselves in voluntarily, and suggests the handing over of all illegally-owned firearms or explosives.</p>
<p>In addition, it wants the gangs to reveal the whereabouts of the clandestine cemeteries where they bury their victims to hide all evidence of the murders.</p>
<p>The authorities reported that of the 680 people missing in the first half of the year, only 317 have been found.</p>
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