In a recent discussion, UN and legal experts voiced serious concerns about the prosecution of five environmental activists in El Salvador who could face life sentences for a crime allegedly committed during the civil war. These activists have been instrumental in achieving a historic ban on mining in the country.
The trial began on Tuesday in Sensuntepeque, Cabañas, for Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Antonio Pacheco, and Saúl Agustín Rivas Ortega. They were arrested in January 2023, accused of murdering an army informant in 1989. The case has been marked by secrecy and widespread allegations of legal violations. UN experts, along with hundreds of international lawyers, academics, and human rights organizations, have repeatedly called for the charges to be dismissed.
These five activists have led a grassroots movement for over 13 years, advocating for a ban on metal mining to safeguard El Salvador’s diminishing water resources and arable land. Their arrests come amid concerns that President Nayib Bukele intends to repeal the 2017 law that prohibits mining operations.
Pedro Cabezas, coordinator of the Central American Alliance Against Mining, commented, “This case lacks a solid legal foundation, and we are alarmed that the lack of judicial independence combined with the Bukele administration’s agenda to overturn the mining ban could lead to a grave miscarriage of justice for these environmental leaders. They are respected in their communities, and condemning them to inhumane prison conditions would be akin to issuing a death sentence.”
The five activists are among over 70,000 individuals detained since Bukele declared a state of emergency in response to escalating gang violence in March 2022. Observers note that since he took office in 2019, Bukele and his affiliates have eroded democratic institutions by replacing independent judges and prosecutors with political allies, raising significant concerns regarding human rights.
In March 2023, a collective of UN special rapporteurs, along with the vice-president of the UN working group on arbitrary detention, conveyed their worries in a letter to the Salvadoran government. They expressed concern that this case appears intended to intimidate those advocating for environmental and human rights in relation to mining activities.
Bukele’s focus on the mining industry aligns with his broader strategy to attract international investments in sectors like bitcoin, tourism, and fossil fuel exploration, despite warnings from environmental experts that these initiatives could lead to forced displacement, social conflict, and water shortages.
Legal analysts argue that the case against the activists is fundamentally flawed. Evidence from pre-trial hearings suggests the prosecution largely relies on a single witness, whose account has shifted from claiming to have witnessed the event to merely having heard about it from someone else. No physical evidence, such as a body or a weapon, has been presented.
In a demonstration of international support for the activists, representatives from Canada, Germany, France, the UK, and the EU attended the pre-trial hearings. However, the Biden administration has not publicly addressed the situation, despite significant pressure from 17 members of Congress urging Secretary of State Antony Blinken to call for the charges to be dropped.
International legal experts assert that the arrests of the activists contravene El Salvador’s national reconciliation law established after the 1992 peace accords, which sought to address the atrocities committed during the civil war that resulted in approximately 75,000 civilian deaths.
These activists, all former leftist FMLN combatants at the time of the alleged offenses, have yet to see justice for the human rights violations inflicted by the military in their community of Santa Marta, Cabañas.
John Cavanagh, director of the Institute for Policy Studies, emphasized, “If there is any justice left in El Salvador, these five individuals should be released, and the charges against them dropped. Otherwise, the public will see that Bukele is ignoring human rights and environmental protections in this country.”
All five activists, over 60 years old and dealing with chronic medical conditions, spent nine months in overcrowded cells without access to legal assistance, familial support, or adequate food and medical care before being placed under house arrest. Their confinement has further exacerbated their psychological distress as they are unable to farm or work.
Mary Lawlor, UN special rapporteur for human rights defenders, commented, “For more than a year and a half, these defenders have faced this cloud of uncertainty. It’s astonishing to see the case progress without any substantial evidence of their guilt. I will be closely monitoring the trial, which should mark a pivotal moment for the judge to end this ordeal, allowing the defenders to continue their vital work and reclaim their lives.”
As of now, the president’s office has not responded to requests for comment regarding the trial, which is expected to last three days.
