El Salvador: they present habeas corpus for the Santa Marta case

by time news

2023-06-16 06:37:55

The appeal presented by the Supreme Court would cover ex-guerrillas and community leaders accused of murder during the war.

The lawyer of six community leaders accused of murder a woman in 1989 in the context of the civil war (1980-1992), Denis Muñoz, presented this Thursday (06.15.2023) an appeal for habeas corpus before the Constitutional Chamber of the Supreme Court of Justice of The Savior to order his release.

Muñoz said at a press conference that the letter “is heavily loaded with reasons that are quite pertinent and favorable to persons deprived of their liberty.” He indicated that the habeas corpus indicates that there are health reasons for them to continue the process in freedom, which have not been heard by various authorities. “The deprivation of liberty for environmental defenders is neither proportional nor pertinent” and “immediate release must be decreed,” he added.

The presentation of the appeal was accompanied by lawyers from the humanitarian organization Legal Guardianship “María Julia Hernández”.

Ovidio Mauricio, director of Legal protection, affirmed that there are “criteria from international human rights organizations that establish that provisional detention should be the exception and not the rule.” He added that the United Nations has indicated that in El Salvador “provisional detention” is being abused, which “constitutes mere torture, because the parameters of criminal law are not being met.”

The six arrested and prosecuted are Miguel Gámez, Alejandro Laínez, Pedro Rivas, Teodoro Pacheco, Saúl Rivas and Fidel Recinos. In addition, the former guerrilla commander and “one of the signatories of the peace accords» of 1992 Eduardo Sancho Castaneda alias Ferman Cienfuegos.

According to the Prosecutor’s Office, Cienfuegos is “absent” in the process and another of the defendants lives in the United States.

Most of the detainees are members of the Santa Marta Social Economic Development Association of the Cabañas department. These community leaders were also the main promoters of a law against mining, approved in March 2017 by Congress and that prohibits its exploration, extraction, exploitation and processing -whether open pit or underground- in the Central American country.

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