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JacobLuceroSecondEssay 2 - 24 Apr 2024 - Main.JacobLucero
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | |
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< | Trading Freedom for Security: El Salvador | >
> | Price of Security | | | -- By JacobLucero - 23 Apr 2024 | |
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> | Throughout the years El Salvador has been synonymous with gang violence and political turmoil. After my family immigrated to the United States from El Salvador we would hear of the dangerous conditions and societal struggles from family and friends. A few years ago, in 2019, the country saw President Nayib Bukele take power with great promise to address the country’s most pressing issues. To tackle these issues, President Bukele has leveraged the government’s military and police power in an effort to establish control and crack down on crime. Yet, while crime rates have dropped drastically, it has been offset by a disregard for Salvadoran’s civil rights. A look into El Salvador’s current political state offers a stark view into the complexities of enforcing law and order in a crime-ridden society while maintaining civil liberties. | | | | |
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< | Introduction
Throughout the years El Salvador has been synonymous with gang violence and political turmoil. After my family immigrated to the United States from El Salvador we would hear of the dangerous conditions and societal struggles from family and friends. A few years ago, in 2019, the country saw President Nayib Bukele take power with great promise to address the country’s most pressing issues. Of the most pressing concerns, President Bukele A look into El Salvador’s current political state offers a stark view into the complexities of enforcing law and order in a crime-ridden society while maintaining civil liberties.
There appears to be a pattern of declaring a state of emergency to push forward the government’s agenda behind the guise of public safety. In March 2022, after a spike in homicides in which over 80 people were killed in a single weekend, the Salvadoran government resorted to declaring a state of emergency. In this instance, the Legislative Assembly gave the executive branch absolute control over the legislature. It allowed for the suspension of due process and judicial guarantees such as short time limits for administrative detention and the right to defense, freedom of association and assembly, and the inviolability of correspondence and telecommunications. Overnight, rights like the presumption of innocence and the right to be informed of the crime for which one is being detained were suspended in the name of restoring order and public safety. | >
> | In March 2022, after a spike in homicides in which over 80 people were killed in a single weekend, the Salvadoran government resorted to declaring a state of emergency. In this instance, the Legislative Assembly gave the executive branch absolute control over the legislature. It allowed for the suspension of due process and judicial guarantees such as short time limits for administrative detention and the right to defense, freedom of association and assembly, and the inviolability of correspondence and telecommunications. Overnight, rights like the presumption of innocence and the right to be informed of the crime for which one is being detained were suspended in the name of restoring order and public safety. | | | | |
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< | Arbitrary Detentions and Judicial Overreach
A significant human rights concern in El Salvador is the frequent use of arbitrary detentions as part of a broad “state of exception.” This measure, supposedly aimed at controlling gang violence, has led to more than 52,000 arrests under conditions that include suspension of privacy rights and legal defenses. Thousands of arrests have been made with no warrant from the court or prosecutor and with no prior evidence. There have been numerous cases where detainees were held without being informed of their charges, often based on nebulous criteria such as having a “suspicious appearance” or simply being in a low-income area.
Furthermore, the Salvadoran judiciary has faced accusations of serious overreach, with forced retirements and dismissals of judges that threaten judicial independence. Amnesty International underscores this with examples of judges being ousted for political motivations, which clearly illustrates a manipulation of legal frameworks to suppress dissent. | >
> | During the state of exception there has been frequent use of arbitrary detentions. This measure, supposedly aimed at controlling gang violence, has led to arrests under conditions that include suspension of privacy rights and legal defenses. Thousands of arrests have been made with no warrant from the court or prosecutor and with no prior evidence. There have been numerous cases where detainees were held without being informed of their charges, often based on nebulous criteria such as having a “suspicious appearance” or simply being in a low-income area. The absence of civil procedures that protect individuals’ rights has been overlooked by the public’s hyperfixation on lower crime rates. Yet, deprivation of fundamental rights, while acting as a stopgap solution for crime, sets the stage for future transgressions to be perpetuated through the actions of government figures and law enforcement agents. Essentially, it is trading one evil for another, an exchange or perpetrators from low-income gang affiliates to uniform-wearing enforcers. | | | | |
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< | Surveillance Issues
Another grave issue is the government's surveillance tactics. The use of Pegasus spyware to illegally monitor journalists and activists has been documented, with significant evidence pointing to the infiltration of 35 individuals' devices ranging from reporters at notable publications to members of human rights groups. This form of state-level espionage represents a severe infringement on privacy and freedom of the press. | >
> | The Salvadoran judiciary faces accusations of significant overreach, marked by forced retirements and dismissals of judges threatening judicial independence. With Bukele's party holding a two-thirds majority, the Legislative Assembly removed and replaced the attorney general and all five judges of the Supreme Court’s Constitutional Chamber, appointing an additional five judges, surpassing the allowable quota. This judicial overreach paves the way for rapid and unjust political reforms jeopardizing the freedom of Salvadorans. Moreover, laws were passed permitting the Supreme Court and the attorney general to dismiss judges and prosecutors over 60 and expand their powers to transfer them to new positions, flouting international human rights standards. These laws have been used to remove or relocate independent judges or prosecutors. In 2021, a ruling by the new Constitutional Chamber allowed President Bukele to pursue re-election, departing from established jurisprudence barring immediate re-election, further highlighting the erosion of judicial independence. | | | | |
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< | Physical and Psychological Abuse
Reports of physical and psychological abuse are rampant, particularly within the prison system where overcrowding and inhuman conditions prevail. Detainees have reported being subjected to violence and living in deplorable conditions that include severe overcrowding and lack of basic necessities. The Amnesty International report provides corroborating evidence of systemic abuse, including torture and mistreatment of prisoners under the guise of maintaining order.
The severe human rights challenges in El Salvador necessitate a comprehensive approach to reform. Firstly, the "state of exception" that allows for arbitrary detentions without judicial review must be repealed to ensure that detentions are conducted fairly and transparently, respecting the rights of the accused. This requires the implementation of legal processes that are clear, fair, and transparent. | >
> | Another grave issue is the government's surveillance tactics. The use of Pegasus spyware to illegally monitor journalists and activists has been documented, with significant evidence pointing to the infiltration of individuals’ devices ranging from reporters at notable publications to members of human rights groups. This form of state-level espionage represents a severe infringement on privacy and freedom of the press, impeding the flow of information to the greater public about the true state of privacy invasion. Instead, only press that views the current administration in a positive light is allowed to be shared. This creates a fabrication of social realities that provide a misconception about the Bukele administration as being one that upholds the best interests of the Salvadoran people. In January, the assembly passed a law limiting scrutiny of "strategic projects of public utility," as defined by the Council of Ministers, increasing corruption opportunities. Previously, Attorney General Raśl Melara, removed in May 2021, was probing six officials for corruption tied to Covid-19 response. In January 2022, the Attorney General's Office raided prosecutors investigating corruption and officials' gang negotiations, leading four to flee fearing persecution. | | | | |
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< | Strengthening judicial independence is also crucial. This can be achieved by revising the process for the appointment and dismissal of judges to ensure it is free from political interference. Such reforms will help restore confidence in the judiciary and ensure that legal rulings are made on merit rather than political convenience. Moreover, robust privacy laws must be enforced to protect individuals from unauthorized surveillance and data collection. This includes establishing strict oversight mechanisms for the use of spyware and other surveillance technologies, ensuring that they are used legally and ethically.
Improving prison conditions is another critical area. Steps must be taken to alleviate overcrowding, improve sanitary conditions, and ensure adequate medical care. This involves not only infrastructural upgrades but also policy reforms to treat all prisoners humanely and provide them with the necessary facilities to live in dignity. Lastly, international oversight and cooperation should be enhanced to ensure that El Salvador complies with international human rights norms. This includes support from international bodies like the UN Human Rights Council, which can provide both monitoring and expertise to help El Salvador navigate these complex issues.
Conclusion
El Salvador's current human rights situation is a complex web of unchecked government power and compromised civil liberties. The recommendations provided, drawn from thorough analyses by Amnesty International and the U.S. State Department, aim to guide meaningful reforms. Only through concerted national and international efforts can El Salvador hope to restore faith in its judicial and law enforcement systems, and uphold the fundamental rights and dignities of its people. | >
> | El Salvador's community risks significant harm if it becomes complacent with the injustices perpetrated under President Nayib Bukele's administration, even if these are offset by low crime rates and international acclaim. This complacency undermines the very fabric of democracy and human rights. The normalization of states of emergency and the accompanying human rights abuses risk becoming institutionalized. This state of affairs allows for a wide range of rights suspensions and procedural guarantees, which, once entrenched, are difficult to reverse. The Salvadoran population may gradually accept these conditions as the new normal, thereby diminishing expectations for governmental accountability and transparency. Complacency towards these actions can lead to a judiciary that is no longer capable of acting as an effective check on executive power. This erosion of checks and balances is detrimental to the functioning of a democratic society. By ignoring these issues due to a focus on short-term gains in security, Salvadorans risk entrenching a governance model that prioritizes control over justice. Future administrations may adopt similar tactics, knowing that the public prioritizes immediate safety over fundamental freedoms. Only through concerted national and international efforts can El Salvador hope to restore faith in its judicial and law enforcement systems, and uphold the fundamental rights and dignities of its people. | | |
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JacobLuceroSecondEssay 1 - 23 Apr 2024 - Main.JacobLucero
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Trading Freedom for Security: El Salvador
-- By JacobLucero - 23 Apr 2024
Introduction
Throughout the years El Salvador has been synonymous with gang violence and political turmoil. After my family immigrated to the United States from El Salvador we would hear of the dangerous conditions and societal struggles from family and friends. A few years ago, in 2019, the country saw President Nayib Bukele take power with great promise to address the country’s most pressing issues. Of the most pressing concerns, President Bukele A look into El Salvador’s current political state offers a stark view into the complexities of enforcing law and order in a crime-ridden society while maintaining civil liberties.
There appears to be a pattern of declaring a state of emergency to push forward the government’s agenda behind the guise of public safety. In March 2022, after a spike in homicides in which over 80 people were killed in a single weekend, the Salvadoran government resorted to declaring a state of emergency. In this instance, the Legislative Assembly gave the executive branch absolute control over the legislature. It allowed for the suspension of due process and judicial guarantees such as short time limits for administrative detention and the right to defense, freedom of association and assembly, and the inviolability of correspondence and telecommunications. Overnight, rights like the presumption of innocence and the right to be informed of the crime for which one is being detained were suspended in the name of restoring order and public safety.
Arbitrary Detentions and Judicial Overreach
A significant human rights concern in El Salvador is the frequent use of arbitrary detentions as part of a broad “state of exception.” This measure, supposedly aimed at controlling gang violence, has led to more than 52,000 arrests under conditions that include suspension of privacy rights and legal defenses. Thousands of arrests have been made with no warrant from the court or prosecutor and with no prior evidence. There have been numerous cases where detainees were held without being informed of their charges, often based on nebulous criteria such as having a “suspicious appearance” or simply being in a low-income area.
Furthermore, the Salvadoran judiciary has faced accusations of serious overreach, with forced retirements and dismissals of judges that threaten judicial independence. Amnesty International underscores this with examples of judges being ousted for political motivations, which clearly illustrates a manipulation of legal frameworks to suppress dissent.
Surveillance Issues
Another grave issue is the government's surveillance tactics. The use of Pegasus spyware to illegally monitor journalists and activists has been documented, with significant evidence pointing to the infiltration of 35 individuals' devices ranging from reporters at notable publications to members of human rights groups. This form of state-level espionage represents a severe infringement on privacy and freedom of the press.
Physical and Psychological Abuse
Reports of physical and psychological abuse are rampant, particularly within the prison system where overcrowding and inhuman conditions prevail. Detainees have reported being subjected to violence and living in deplorable conditions that include severe overcrowding and lack of basic necessities. The Amnesty International report provides corroborating evidence of systemic abuse, including torture and mistreatment of prisoners under the guise of maintaining order.
The severe human rights challenges in El Salvador necessitate a comprehensive approach to reform. Firstly, the "state of exception" that allows for arbitrary detentions without judicial review must be repealed to ensure that detentions are conducted fairly and transparently, respecting the rights of the accused. This requires the implementation of legal processes that are clear, fair, and transparent.
Strengthening judicial independence is also crucial. This can be achieved by revising the process for the appointment and dismissal of judges to ensure it is free from political interference. Such reforms will help restore confidence in the judiciary and ensure that legal rulings are made on merit rather than political convenience. Moreover, robust privacy laws must be enforced to protect individuals from unauthorized surveillance and data collection. This includes establishing strict oversight mechanisms for the use of spyware and other surveillance technologies, ensuring that they are used legally and ethically.
Improving prison conditions is another critical area. Steps must be taken to alleviate overcrowding, improve sanitary conditions, and ensure adequate medical care. This involves not only infrastructural upgrades but also policy reforms to treat all prisoners humanely and provide them with the necessary facilities to live in dignity. Lastly, international oversight and cooperation should be enhanced to ensure that El Salvador complies with international human rights norms. This includes support from international bodies like the UN Human Rights Council, which can provide both monitoring and expertise to help El Salvador navigate these complex issues.
Conclusion
El Salvador's current human rights situation is a complex web of unchecked government power and compromised civil liberties. The recommendations provided, drawn from thorough analyses by Amnesty International and the U.S. State Department, aim to guide meaningful reforms. Only through concerted national and international efforts can El Salvador hope to restore faith in its judicial and law enforcement systems, and uphold the fundamental rights and dignities of its people.
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