COMMITTEE AGAINST TORTURE HEARS RESPONSE OF EL SALVADOR

The Committee against Torture this morning heard the response of El Salvador to questions raised by Committee Experts on the second periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on Thursday, 5 November, Byron Fernando Larlos Lopez, Permanent Representative of El Salvador to the United Nations Office at Geneva, said the number of women killed in El Salvador had grown from 195 in 1999 to 348 in 2008. In November 2005, the first national study on the question of femicides had been undertaken, which had found that the principal causes were general violence; gang violence (maras); and domestic violence. With regard to disappeared children, an inter-institutional commission had been established to find children who had disappeared owing to armed conflict. It had solved 70 cases out of 212 requests put before it. At the moment there was no official programme for redress for child victims of torture and disappearance. However, within the framework of the activities of the inter-institutional commission, psychological and social assistance had been provided to disappeared children who had been found and their families. Moreover, from 1 June of this year, through the new Government Plan 2009-2014, there had been a renewed focus on finding children who had disappeared in armed conflict.

Mr. Larlos Lopez noted that, between 2005 and 2008, a number of training and capacity-building programmes had been carried out for the police force, including on equality of men and women; the rights of vulnerable groups; the rights of the child; and on national and international human rights law. Those trainings had been carried out with the cooperation of a wide range of recognized institutions in the field, including the Olof Palme Foundation, UNICEF El Salvador and the Office for Juvenile Justice of the National Supreme Court. To monitor the trainings, a questionnaire was distributed, which had to be filled out by police of all levels who had received trainings.

At the end of the meeting, Committee Experts made a number of additional comments and reiterated a number of concerns, including grave concern that requests for investigations or for proof to be provided in cases involving torture or ill-treatment were not met; the extended use of preventive detention; derogations from the General Amnesty law; and the rising phenomenon of femicide and the need to combat that urgently.

The Committee will submit its conclusions and recommendations on the report of El Salvador towards the end of the session on Friday, 20 November.

As one of the 146 States parties to the Convention against Torture, El Salvador is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.

When the Committee reconvenes at 3 p.m. on Monday, 9 November, it is scheduled to begin consideration of the third periodic report of Azerbaijan (CAT/C/AZE/3).

Response of El Salvador

BYRON FERNANDO LARLOS LOPEZ, Permanent Representative of El Salvador to the United Nations Office at Geneva, responding to a series of questions raised by Committee Experts on Thursday, 5 November, began by highlighting conditions in the country, as well as the frequency of certain events taking place – events that had been quite painful – which had been mentioned a number of times by Experts yesterday. In addition, as had been noted El Salvador was emerging from 12 years of war and conflict and was also frequently struck by natural catastrophes.

Turning to responses to questions, regarding the prosecutions for torture complaints, answers would be sent by the Public Prosecutor's Office later. Indeed, a number of answers to questions posed yesterday would need to be referred to the competent bodies in El Salvador for written responses, including on questions regarding the Inspector General of the National Civil Police, and the independence of that institution, and on the reintegration into society of those detained, and in particular whether juveniles detained received education and training to prevent recidivism.

With regard to questions concerning the General Amnesty Law and the Truth Commission, which had been established to investigate and prosecute perpetrators of human rights violations during the armed conflict, Mr. Larlos Lopez noted that in the new Government Plan 2009-2014 under the human rights chapter there was a programme for truth, reparation and justice which supported investigations into complaints of human rights violations and provided redress for them.

With specific reference to the murders of Jesuit priests, Mr. Larlos Lopez observed that the President of the Republic would attend a special ceremony commemorating the fourth anniversary of their murder.

Regarding visits to prisons, Mr. Larlos Lopez noted that visits were carried out by the Penitentiary Monitoring Judges, the Director of the Human Rights Directorate of the Directorate General of Prisons and the Procurator for the Protection of Human Rights, as well as by Representatives of human rights institutions. Those visits were carried out periodically.

Relating to training for detention and prison staff, Mr. Larlos Lopez said that they believed their training was sufficient, but they would look into that issue later.

On crime, Mr. Larlos Lopez acknowledged that the statistics provided were not adequately disaggregated. More detailed statistics than the ones provided were, however, available.

As for ill-treatment, it was noted by an Expert that public security institutions had been requested to provide information and wondered why that had not been done, nor had there been any follow-up to complaints. Mr. Larlos Lopez reiterated the commitment of security institutions, along with that of the Public Prosecutor, to upholding human rights.

Regarding cases of femicide, the number of women killed in El Salvador had grown from 195 in 1999 to 348 in 2008. There had been 65 such murders that had occurred in the context of domestic violence between 2002 and 2006, representing 0.42 per cent of all murders for that period. Mr. Larlos Lopez highlighted that, in November 2005, the first national study on the question of femicides had been undertaken, which provided an analysis of the phenomenon, and in which relevant state organs, such as the Institute of Legal Medicine and the Public Prosecutor's Office, as well as non-governmental organizations, had taken part. According to the study, the principal causes of femicide were general violence; gang violence (maras); and domestic violence. It had also recognized that for a number of cases there was no known cause.

With regard to disappeared children, Mr. Larlos Lopez said that an inter-institutional commission had been established to find children who had disappeared owing to armed conflict. It had met for over four years, working with public institutions – including the Supreme Court of Justice and the Public Defender of Human Rights – to find the children and ensure their rehabilitation and reintegration into society. It had solved 70 cases out of 212 requests put before it. Fifty-one had been directly related to the armed conflict and 19 to consensual adoption.

At the moment there was no official programme for redress for child victims of torture and disappearance. However, within the framework of the activities of the inter-institutional commission just mentioned, psychological and social assistance had been provided to disappeared children who had been found and their families. Moreover, from 1 June of this year, through the new Government Plan 2009-2014, there had been a renewed focus on finding children who had disappeared in armed conflict. It was now envisaged that civil society would participate and they were also looking at advice provided by the Inter-American Court for Human Rights in its rulings in this area.

Mr. Larlos Lopez noted that, between 2005 and 2008, a number of training and capacity-building programmes had been carried out for the police force, including on equality of men and women; the rights of vulnerable groups and police activities; the rights of the child; and on national and international human rights law. Those trainings had been carried out with the cooperation of a wide range of recognized institutions in the field, including the Olof Palme Foundation, UNICEF El Salvador and the Office for Juvenile Justice of the National Supreme Court. To monitor the trainings, a questionnaire was distributed, which had to be filled out by police of all levels who had received trainings.

Turning to questions related to maras (gangs), the National Council for Public Security, since 2005, in the context of an education programme targeting such groups, had managed to get 63 young people out of the gangs, including women. Those former gang members were involved in projects such as chicken rearing, growing market gardens, and mechanical training. There were also some prevention programmes that had been put in place in at-risk areas, and the National Council was looking to put further such programmes in place.

Regarding asylum-seekers, Mr. Larlos Lopez said that the Government had tried to provide information and had undertaken awareness-raising activities for border staff, making them aware of international obligations in that area.

On trafficking in persons, Mr. Larlos Lopez said that, between April 2006 and 5 November 2009, there had been 163 trafficking victims in El Salvador, and 18 girls had been placed in shelters for trafficking victims. There had been 47 cases of human trafficking brought this year and two sentences had been handed down, in a case involving fraudulent adoption and one involving trafficking for purposes of forced labour.

With regard to the case brought by students for use of excessive force by police, Mr. Larlos Lopez explained that the police had entered the educational establishment at the request of the staff. A parent had complained that his child was being threatened. According to witnesses, excessive force had been used by the police. The Director General of the National Police had apologized for that, but no case had been opened, as requested by the Ministry of Education.

Further Questions by Committee Experts

LUIS GALLEGOS CHIRIBOGA, the Committee Expert serving as Rapporteur for the report of El Salvador, expressed his dissatisfaction at the large number of questions that had not been answered today.

Regarding the challenges that El Salvador faced, Mr. Gallegos Chiriboga recognized efforts that were being made. Nevertheless, he wanted to underscore the need for a continued focus on the most vulnerable groups in society, children, women, ethnic minorities and migrants with regard to those efforts.

Concerned at large numbers that were being arrested under anti-terrorism legislation, 14 during one day alone, Mr. Gallegos Chiriboga asked for further information on that law.

Mr. Gallegos Chiriboga reiterated his grave concern that requests for investigations or for proof to be provided in cases involving torture or ill-treatment were not met. That gave rise to impunity.

The Committee was further concerned at the extended use of preventive detention. In that connection, there had been no mention in the report on violence or monitoring in detention centres. What was being planned to address those issues, Mr. Gallegos Chiriboga asked?

Finally, on the derogation of the General Amnesty law, the Committee would wait for a response later. The Committee would have to ask for that Law to be reformed. The Committee felt that there should be no provision that allowed impunity to exist. There was no statute of limitations for the crimes under the Convention, Mr. Gallegos Chiriboga underscored.


ESSADIA BELMIR, the Committee Expert serving as Co-Rapporteur for the report of El Salvador, said she had appreciated Mr. Larlos Lopez's answers on the killings of women – femicide – many of which occurred in the home. One of the reasons for those killings appeared to be family breakdown, as well as poverty and gang violence. It would be helpful to have a specific crime in domestic law, and that would likely be recommended by the Committee. However, how was El Salvador going to combat that phenomenon? Other suggestions for preventive measures included the establishment of helplines for abused women, coordinated action between government agencies and, in the longer term, assistance to families.

Ms. Belmir said she had not received a response to her questions on the judiciary and looked forward to receiving additional information on the matter.

Other Experts noted the lack of full answers, at the same time as recognizing the will of the State party to dialogue with the Committee. Several Experts reverted to the issue of an alarmingly high and rising number of femicides. The Government was strongly urged to take all necessary measures to address that issue, including the speedy passing of a bill on violence against women.

Regarding the murder of six Jesuit priests in 1989, along with their cook and his daughter, an Expert was concerned that only one of the perpetrators of those acts had actually served jail time; the others were released on bail and they did not lose their posts in the Army. However, the Truth Commission had found that an Army Colonel had specifically ordered the assassination. Previous regimes had refused to fully implement the outcome of the Truth Commission, among others, the recommendation that a national day of observance be established for victims of the past conflict. It was hoped that the new programme in place by the new Government that sought to implement the outcome of the Truth Commission would finally help to bring perpetrators to justice and put an end to impunity.

Response by Delegation

Responding, Mr. Larlos Lopez of El Salvador noted that one of the reasons for which answers had not been given to some questions today was not simply that they did not have the answers, but that they were such serious questions, and ones that required proper reflection and respect. El Salvador took its commitments under the Convention very seriously indeed.


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