Last month, authorities in El Salvador arrested Ruth Eleonora López, an anti-corruption lawyer associated with a well-known human rights organization, showcasing yet another instance of President Nayib Bukele’s extended powers being used to address a variety of alleged crimes beyond their initial intention of targeting gangs.
López was detained at her residence on May 18, with accusations of aiding a former employer accused of embezzlement, which she denied. However, her first court appearance was delayed until Monday, over two weeks post-arrest.
The constitution of El Salvador mandates that arrested individuals be presented before a judge within 72 hours. However, defense attorneys note that numerous cases, ranging from drunk driving to robberies, now wait up to 15 days before reaching a judge. This maximum duration was established under the state of emergency endorsed by Congress in March 2022.
In response to a gang massacre, President Bukele had requested extraordinary powers from lawmakers, resulting in the suspension of several rights, including immediate judicial review and fundamental protections like access to legal representation. Since then, over 86,000 individuals have been apprehended as suspected gang affiliates, with a staggering 90% yet to face trial. Despite a lack of precise data from the attorney general’s office, many others have undergone similar treatment for non-gang-related offenses. While this expansion of suspended rights remains legally permissible, it is seen as abusive in practice.
During a national address on Sunday night marking the first year of his new term, Bukele dismissed criticisms directed at his stringent measures. Declaring his preference to be labeled a dictator rather than witness Salvadorans being harmed, he remained adamant about achieving peace at any semantic cost. He countered accusations regarding jailing human rights defenders and dissidents by questioning how corruption could be fought without holding opposition figures accountable.
Late Monday, an anonymous source familiar with López’s case revealed that prosecutors had modified the charges against her to illegal enrichment, diverging from the initial embezzlement allegation. It was requested that López be detained for six additional months pending further investigation, with another hearing scheduled for Wednesday.
Earlier, the human rights group Cristosal, López’s employer, disclosed via the platform X that they filed a habeas corpus petition with the Supreme Court’s constitutional chamber seeking her release.
Amid reports of gang suppression, human rights entities both domestically and internationally, including entities like the Inter-American Commission on Human Rights, have called for the cessation of the state of emergency, arguing the original justification has diminished and normal rights should be reinstated. Despite this, the extended emergency measures appear to be transitioning into standard practice.
Oswaldo Feusier, a lawyer and professor, observed that the extraordinary rules are increasingly being applied broadly, infringing upon the original decree’s spirit. This month alone saw President Bukele, via the social platform X, call for the arrest of bus company leaders who disregarded his directive for free service during highway closures. Although they faced arrest from May 5 to May 7, formal charges weren’t presented until May 19.
Additionally, after an agricultural cooperative protest against eviction outside Bukele’s house, participants were arrested over several days in May under allegations of public disorder and aggressive resistance, with proceedings delayed until May 27.
This prompted the president to advocate for a new foreign agents law passed shortly thereafter by Congress, asserting protestors were being manipulated by global NGOs. The law necessitates NGOs with international funding to register as “foreign agents” and subjects them to a potential 30% tax.
Jayme Magaña, a defense lawyer with the Wings of Freedom initiative, noted that the state of emergency exceptions applies to various offenses, yielding an average 15-day delay due to congested courts.
Attorney Carlos Avelar explained that the broad suspension of constitutional guarantees allows the emergency state provisions to be invoked for any alleged crime, estimating that 80% of court cases now begin 15 days post-arrest.
Allegations against López date back to her role as an advisor to Eugenio Chicas, former president of the Supreme Electoral Tribunal during President Salvador Sánchez Cerén’s administration. Following his civil conviction in November, Chicas, detained in February, now faces criminal charges of illegal enrichment.
Last week, Cristosal emphasized López’s commitment to advocating for human rights and fighting corruption, suggesting her arrest is part of a pattern of criminalizing dissenting voices.