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Peaceful Protesters Faced Wrongful Charges of Terrorism!

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Chronology of the Case

Voices from Suchitoto | 3 - Day March in Protest of Terror Allegations

Action Alert - Teen Arrested in Suchitoto is Murdered!

Hector Antonio Ventura was only 19 years old, so his death would be troubling under any circumstances. However, Hector Antonio was also one of the protesters who was arrested on July 2, 2007 for his peaceful protest against water privatization in Suchitoto. He had overcome illegal charges of terrorism, and just weeks ago was cleared of all charges in connection with the protest. He was a tireless worker for social justice in his community. Hector Antonio was stabbed to death in the Valle Verde neighborhood of Suchitoto on May 2. Another youth was also injured in the attack. According to the Foundation for Study and Application of the Law (FESPAD), there is reason to believe that this was a premeditated murder with political motivations. Please stay alert as SHARE keeps you informed - and please stand up against the deterioration of human rights in El Salvador!

-Read the Press Release
-Sign on to a Statement
-TAKE ACTION! Use our Sample Letter to Alert your member of Congress (Click here to find out how to reach your member of Congress)

Chronology of the Suchitoto Case

July 2, 2007: 14 Peaceful protesters were arrested in the Municipality of Suchitoto. At first they were told they were being charged with public disorder, but then charges of Acts of Terrorism were brought against them and their case was transferred to a Special Court for Acts of Terrorism. (Read more…)

July 19 – 25, 2007 : These political prisoners were released on bail after weeks of abuse and mistreatment in prison.

February 8, 2008 : The timeframe ended for the process of instruction and investigation for the Public Prosecutor’s Office to collect and present proof against those charged. The Judge at the Special Court for Acts of Terrorismconcluded that there were insufficient grounds for the terrorism charge.

February 19, 2008 : The Justice of the Peace of Suchitoto held a hearing and officially dropped all of the charges against the 14 activists due to a lack of evidence against them. (Read more…)

February 27, 2008 : The Public Prosecutor presented an appeal in the Suchitoto Court asking that the case be reopened. The appeal was transferred to the Justice of the Peace of Cojutepeque.

March 5, 2008 : The Defense team presented their arguments in support of the Suchitoto Judge’s decision to clear the activists of all charges.

April 16, 2008 : The Justice of the Peace of Cojutepeque resolved to ratify the decision of the Judge from Suchitoto. This confirmed the definitive freedom of the peaceful protesters, with the exception of Facundo Dolores García.

May 2, 2008: One of the activists, Hector Antonio Ventura, 19, was murdered in Suchitoto.

*Note: To those faithful followers who have been paying attention to this case from the start, you may have noticed that we have referred to the "Suchitoto 13" as well as the "Suchitoto 14". This is because Facundo Dolores García was released from custody before the other 13 people who were arrested with regard to the protests on July 2, 2007. Since at the time there were only 13 prisoners to speak of, we began to refer to the group as the "Suchitoto 13", however, since ironically Mr. García is still waiting to be fully cleared of the charges he faced, it has become clear that there were at least 14 people who were dramatically wronged in this series of events and thus we have begun again to talk about all 14 of them.

The Facts of the Case: When a protest against water privatization in Suchitoto, El Salvador, on July 2, 2007 was broken up by law enforcement officials, more than 25 people were injured by rubber bullets, 18 severely affected by tear gas, and 14 people detained and accused of public disorder and illicit association. To watch a video (in Spanish) about the events of the day, please click here. Click here to print off an English translation (pdf) to read while you watch the video.

In addition to the detention of the National President, Vice-President, driver, and journalist of prominent community association CRIPDES, ten civil society members were detained. Irregularities and human rights violations marked the entire apprehension and detention process. First of all, the CRIPDES detainees were apprehended on the road to the protest, not at the activity itself. Some of the detainees reported that police threatened to push them from the helicopter while they were being transferred to prison. One of the 13, city hall employee Patricio Valladeres Aquino, was hospitalized for treatment of grave injuries received during his arrest. As reported by the Office of the Human Rights Ombudsman, three detainees were beaten during interrogation and isolated in remote places during questioning. All detainees complained of the abysmal conditions in prison, the overcrowding, and the insecurity they experienced sharing cells with inmates with violent records,

On July 7, the detainees had a preliminary hearing before a special Judge for Terrorism under rules separate from the central court system. The judge set one of the detainees free and gave the remaining 13 provisional detention while the prosecution was tasked with building its case.

The charges against the protestors are extremely serious: under Article 5 of El Salvador’s 2006 Anti-Terrorism Law, protestors may be charged with the intent to cause harm to a high public official, in this case the president, who was present in Suchitoto the morning of the protest. The sentence for such crimes is between 40-60 years in prison.

After the provisional detention was given, the defense team compiled information based on eye-witness testimonies and submitted a video that detailed the case. With this evidence, the defense presented its appeal on July 19, after which the judge reiterated the charge of acts of terrorism, but did grant provisional freedom to four of the detainees. One week later, the remaining nine were also granted provisional freedom. The protestors were permitted to await the evidentiary hearing from their homes but are required to report every 15 days to the court.

Immediately after the provisional freedom was granted, the defense team presented a request for review of the legality of the arrests before the Supreme Court of El Salvador.

International Pressure and the Response in El Salvador: Salvadorans credit international pressure for causing the release of the protestors from jail. Rep. Jim McGovern sent a letter to President Saca on July 23 calling for the government to drop the terrorism charges against the detainees and expressing his concern over prison conditions. Over forty members of Congress sent a letter to the president in early August stating their concerns over the terrorism charges. Amnesty International released a statement highlighting their worries, and over seventy international human rights, solidarity, and Salvadoran American groups published an open letter to the government of El Salvador calling for the government to drop all charges and derogate the anti-terrorism law.

Once the Salvadoran newspapers began publishing news of the international fervor around the case, the judge granted provisional freedom to the remaining prisoners and President Saca asked that the charges be changed from acts of terrorism to public disorder. Importantly, however, President Saca proposed that the Penal Code be reformed so that the crime of Public Disorder be punished more severely with sentences of up to eight years in prison and be tried through the separate tribunal system. So while on the one hand Saca gave the image that the government was open to rectifying the extremity of the situation, on the other his proposal meant that the government could maintain virtually the same policies that engendered the unjust charges in Suchitoto. The National Assembly approved the proposed changes in August.

In September 2007, SHARE Foundation organized an emergency delegation to El Salvador with Salvadoran leaders who live throughout the United States. They interviewed community members, organizations, attorneys, human rights workers, religious leaders of the Council of Churches for Peace, the Human Rights Ombudsman, and Supreme Court justices to clarify the facts and events surrounding the violent incidents of July 2, 2007, in Suchitoto, El Salvador. Upon they return the delegates prepared a report which was later presented in a briefing to Congressional staff members.

Internal Pressure: In El Salvador, CRIPDES and other Salvadoran organizations have shown their solidarity with the “Suchitoto 13.” On July 18, there was an organized fast to demonstrate solidarity with the detainees. Participants marched from Parque Cuscatlan in San Salvador to the monument El Salvador del Mundo. Many brave activists took to the streets to show their support for the prisoners. Being careful not to block traffic and thus prompt new arrests, representatives from CRIPDES and other community organizations marched to the courthouse to hear the judge’s decision at the preliminary hearing.

For three days, beginning Monday, February 11 at 9 AM and ending Wednesday, February 13 at 5 PM, over 1,000 Salvadoran supporters of justice made a pilgrimage from Suchitoto to San Salvador. The participants started from the location of the July 2007 protest. On the first day, they walked as far as San Bartolome, and continued the next day to Soyapango, a suburb of San Salvador. On day three, after walking over 25 miles, they arrived in the capital, ending up at the special court for terrorism cases where the case was to be tried.

The people who participated in the pilgrimage said they were outraged by the allegations, and demanded that all charges be dropped and the anti-terror law be repealed. The sun and heat of the day did not deter this group, but rather it grew stronger as the march continued and picked up more participants in each hamlet it passed through. In the end, it was this public pressure from national and international sources, when paired with a lack of evidence presented by the public prosecutor that led to the acquittal of the Suchitoto 13.

A Decision is Reached: On February 19, 2008, with the Human Rights Ombudsman present at the hearing, the Justice of the Peace of Suchitoto declared that the prosecution lacked sufficient evidence to uphold the current charges of Public Disturbances and Aggravated Damages. This decision came after the prosecution dropped charges under the Special Law against Acts of Terrorism due to lack of evidence, and the case was moved from the Special Terrorism Court to the court in Suchitoto. The judge's decision is a meaningful victory of the Salvadoran people and international solidarity over forces of repression.

This wonderful news came along with another, albeit quieter, victory over the dangerous precedent that could be set by the Special Law against Acts of Terrorism. On February 5, El Salvador’s Supreme Court admitted an appeal that called into question the constitutionality of the terrorism law. In this appeal, the Court requires that the Legislative Assembly submit a justification for this law. There is speculation that the result of the Suchitoto case could convince some members of the Legislative Assembly to retract their support for the law.

May the words of Oscar Romero remind us the importance of the struggle for justice: “To me it is frightening when repressive laws or violent attitudes are taking away the legitimate escape for a people who need to express themselves. What happens when you put a top on a boiling cauldron? It can overflow. Now is the time to give voice to our people so that they can express themselves when they need to. ... (We are called) simply to understanding, to dialogue, to justice, and to love.” Homily, March 19, 1978 | Back to Top

For more information on this case:

Read the joint Washington Office on Latin America/SHARE Foundation memo on the criminalization of social protest in El Salvador

Listen to an NPR broadcast about the case and the Anti-Terror law

Read a pastoral letter from the Salvadoran Ecumenical Movement

 

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Help Recover Legal Costs for the Arrested Leaders!

As we continue to update you about the continuing struggle for justice in the cases of the protesters arrested on July 2, 2007, please consider providing financial support to cover the legal costs of the CRIPDES leaders who were arrested on their way to the protest. They estimate that the costs they will face could be upwards of $20,000 or potentially more. SHARE has been able to contribute $5,000 towards the legal fees since July 2007. We hope to contribute an additional $5,000 over the next few weeks. Any support you can offer to this cause would be deeply appreciated.

To donate by credit card, click here. Please send checks to our San Francisco Office at the address below, where we will forward the funds to El Salvador. Also, please include a note in the memo line that reads CRIPDES Legal Fund. Thank you in advance for your generous cooperation!

SHARE Foundation: Building a New El Salvador Today

Attn: CRIPDES Legal Fund

598 Bosworth St. No. 1

San Francisco , CA 94131

*SHARE would like to take a voluntary 10% administrative fee to help us cover our expenses in tranfering and raising this money. Please indicate in your communication if you would like SHARE to waive this and send all of your donation directly to CRIPDES.

 



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