Sister Cities
Legislators Debate New Penalties for Public Disorder – July 26, 2007
Trial continues against 13 accused of terrorism, while legislators debate new penalties for public disorder.
July 26, 2007
While 9 of the 13 people arrested in Suchitoto on the morning of July 2nd remain in jail under “preventative detention,” and all are still facing charges for “Acts of Terrorism,” President Antonio Saca and his cabinet members are promoting changes to the Salvadoran Penal Code that would convert the current penalties for “Creating a Disorder” of 6 months – 2 years into 5-10 year penalties for “Attacks on Public Peace” (Atentados contra la Paz Pública).
The executive branch is pushing forward a packet of reforms to the penal code that was formally presented to the Legislative Assembly yesterday by the Vice-Minister of Security, Ástor Escalante. These reforms were expected, given declarations in recent days from President Saca and his Minister of Public Security, René Figueroa subtly distancing themselves politically from the current application of the anti-terrorist law. While they have continued to maintain the validity of the accusations, they have indicated all responsibility for application of the law falls on the judicial branch.
The reforms clearly express the ongoing tendency of the Salvadoran Government toward the criminalization of protest, and explicitly takes into account activities of social movement organizations carried out recently.
The proposed law establishes a 3-5 year minimum sentence for infractions such as blocking roads or access ways, or occupying buildings. The infractions are wide ranging and include such acts as participating in a march or demonstration. The legal consultant for the Ministry of Public Security declared in an interview with Salvadoran Telecorporation Channel 2: “if you are driving in your car and a protest or march blocks your path, those people are violating public peace and will be punished under the law” (July 24) The proposed law goes on to establish more severe penalties for a series of coinciding conditions:
– If the actions disturb or disrupt a judicial hearing, public acts of State authorities, activities of a public building, electoral events, or provoke damage for the functioning of basic services, the penalty rises to 5-7 years in prison.
– If the actions impede or deny health services, or if the transgressor is armed with a weapon or flammable substance, or wearing a ski-mask or covers his or her face, the jail time climbs to 7-10 years.
– If the transgressor is a public official, he or she will be punished with 1/3 more on top of the maximum sentence.
The language of the proposed law is chilling in its explicit reference to recent activities carried out by the Salvadoran social movement, including strikes by hospital workers unions against the privatization of healthcare. Vice-Minister Escalante declared that “The State is preparing for eventualities in the future such as the recent events in Suchitoto… [and] moving one step ahead so that these kinds of events stop being carried out in this country.”
The ARENA party has declared that they will push for debate of the proposed reforms tomorrow (Thursday, July 26th) on the floor of the Legislative Assembly.
