Amnesty International has decried recent reforms in El Salvador’s criminal law, arguing they infringe upon children’s rights. Effective February 12, these changes allow minors convicted of organised crime to be housed in adult prisons, eliminating access to parole in direct violation of juvenile justice standards. With the revisions to laws governing juveniles, prisons, and organized crime, authorities can detain children as young as 12 under a state of emergency in place since March 2022.
Under this emergency status, over 84,000 detentions have occurred, predominantly labelled arbitrary, coupled with shocking reports of torture and almost 300 custodial deaths. Ana Piquer, Amnesty’s Americas director, condemned the reforms, highlighting how they dismantle guarantees of due process and have normalised mass detentions without substantial evidence. “The reforms that came into effect on February 22 institutionalize deprivation of liberty as the state’s only response, including for children, in clear violation of international human rights standards,” she said.
The amendments are seen as a severe breach of the UN Convention on the Rights of the Child and the Beijing Rules, which advocate for rehabilitation over punishment for youthful offenders. Furthermore, the reforms permit those under 21 to be housed in adult prison sections, exposing them to potential violence and denying access to educational opportunities.
Since 2022, almost 3,000 minors have faced conviction, often based on flimsy evidence or coerced confessions, according to Human Rights Watch. Amnesty asserts that the reforms facilitate mass deportations and showcase a troubling disregard for judicial oversight and the rule of law. Piquer emphasised how the legislative changes manifest a troubling trend towards institutionalising repression as the norm.
Amnesty International has criticized El Salvador’s recent criminal law reforms for violating children’s rights by allowing minors convicted of organized crime to be imprisoned with adults. Since the declaration of a state of emergency, arbitrary detentions and reports of abuse have surged, with thousands of minors facing convictions based on insufficient evidence. The reforms infringe upon the UN Convention on the Rights of the Child, prioritising punishment over rehabilitation.
The recent criminal law reforms in El Salvador not only contravene international standards but also reflect a systemic approach to punishment that disregards the rights and welfare of children. Authorities are prioritising punitive measures over rehabilitative justice, which threatens the fundamental rights of young individuals and undermines the very essence of justice. These developments signal a concerning shift towards permanent state repression, raising alarms among human rights advocates worldwide.
Original Source: www.jurist.org
