The following article was originally published by International Allies Against Mining in El Salvador in an e-newsletter sent on April 10, 2024.
FOR IMMEDIATE RELEASE
In a preliminary hearing, the judge confirmed the charges of murder and illicit associations and dismissed a third charge of deprivation of liberty.
San Salvador — On Wednesday, April 10, in San Salvador, in a preliminary court hearing to determine whether five prominent Water Defenders from the community of Santa Marta should stand trial for an alleged murder that took place over 34 years ago during the Salvadoran civil war, the presiding Judge upheld charges of murder and illicit association against the five water defenders and dismissed a third charge of kidnapping.
Since his arrest in January 2023 , supporters of water defenders have led a national and international campaign to demand that the charges be dropped and denounce that his arrest is politically motivated due to the lack of evidence presented by the Attorney General’s Office. From El Salvador. These campaigns have also denounced the lack of legal rights and due process under the current “state of exception” imposed by President Nayib Bukele to combat gangs and have warned about the Salvadoran government’s intention to reverse the ban on metal mining. , for which environmental advocates gained international notoriety in 2017.
The Institute for Policy Studies (IPS) joins the Central American Alliance on Mining (ACAFREMIN), MiningWatch Canada, the SHARE Foundation, the United Church of Canada and the Washington Ethical Society in condemning the April 10 ruling, calling once again that the charges be dropped against the Santa Marta Five: Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Antonio Pacheco and Saúl Agustín Rivas Ortega.
The case has gained international scrutiny amid accusations that the charges are politically motivated.
Today’s ruling “confirms our theory that there are political motivations behind this case, and the first instance court of Sensuntepeque – caught between the pressures of the Attorney General and the demand for justice from national and international organizations – has had no other option than allowing the case to go to trial,” said Alfredo Leiva, member of the board of directors of the Association for the Economic and Social Development of Santa Marta (ADES). “We will appeal this decision immediately to the Court of Second Instance and demand that the ruling be overturned.”
As background: an in-depth investigation into the detention of the Santa Marta Water Defenders , published by nine international organizations last January, concluded that:
- Among the more than 70,000 people Salvadoran President Nayib Bukele has imprisoned in appalling conditions and through the use of torture are tens of thousands of innocent people, including five water defenders and numerous union leaders. The government has not presented any evidence to support the detention of the Water Defenders Five, and charges against them must be dropped under the 1992 amnesty.
- There is compelling evidence that President Bukele wishes to violate a unanimous vote in the Salvadoran legislature to ban mining in 2017; a measure that would endanger the country’s water supply and violate the public will.
- President Bukele has taken a series of measures to reduce the independence of the judiciary, violate basic human rights and suspend civil liberties and the rule of law, in the name of protecting the population from violence caused by gangs.
Last month, members of the Santa Marta community, accompanied by the Human Rights Institute of the University of Central America (IDHUCA) , denounced the double standards of the Attorney General’s Office in prosecuting a case that has clear political motivations against recognized leaders. community groups that for decades have contributed to the economic and social development of Santa Marta, while refusing to prosecute the well-documented war massacres where hundreds of men, women and children from the Santa Marta community were murdered by the Salvadoran army.
“It is outrageous that the judge allows this trial to move forward despite the lack of evidence of the crime. “The international community strongly supports the five leaders of the successful fight against mining, and we will join with human rights defenders in El Salvador to continue the fight for justice in this case,” said John Cavanagh, senior advisor to the Institute for Policy Studies (IPS) in Washington, DC
“There is a well-documented pattern of criminalization throughout the American hemisphere, where environmental defenders are criminalized with unfounded accusations, in an effort to silence their opposition to mining and impede their life-affirming work protecting water for generations. future. We firmly denounce today’s ruling in the Santa Marta case,” said Viviana Herrera, Latin America Program Coordinator for MiningWatch Canada. “The five water defenders played key roles in achieving a historic ban on metal mining in El Salvador, and this ruling is a clear threat to the rights of all Salvadorans who protect their water and environment. “We express our deepest condolences to the Water Defenders Five and their families and will continue to call for the charges to be dropped until they are free.”
Press contacts:
- John Cavanagh, Institute for Policy Studies: johnc@ips-dc.org , +1 (202) 297-4823
- Pedro Cabezas, Central American Alliance Against Mining (ACAFREMIN) and International Allies against Mining in El Salvador: stopesmining@gmail.com , +503-7498-4423
- Olivia Alperstein, Institute for Policy Studies: olivia@ips-dc.org , +1 (202) 704-9011
- Viviana Herrera, MiningWatch Canada: viviana@miningwatch.ca , +1 (438) 993-1264
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