On July 14, the attorney general's office reported that it conducted a re-enactment of the shooting in cooperation with the PNC's internal affairs unit. Since October, the Office of the Inspector General of the Ministry of Public Security and Justice has received five complaints of extrajudicial killings against the police. There were reports alleging that members of the armed forces were involved in illegal disappearances.
According to the Office of the Inspector General of the Ministry of Public Security and Justice, one enforced disappearance complaint has been filed against the PNC since August. The Office of the Inspector General of Security and Justice reported 29 complaints against police officers for alleged cruel treatment. The Constitutional Chamber of the Supreme Court is responsible for the protection of constitutional rights.
The Office of the Inspector General referred 18 of the cases to the Office of the Attorney General for possible criminal charges and nine to the PNC's Interior Unit. According to a poll by Prensa Grafica in September, 56 percent of citizens had a positive opinion of the PNC. Two lawmakers took part in demonstrations criticizing judges, most notably the Constitutional Chamber of the Supreme Court.
Respect for Civil Liberties, Including
The law provides access to the courts, enabling plaintiffs to file civil lawsuits seeking compensation for, as well as the cessation of, human rights violations. The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions. On August 24, Factum magazine journalist Juan Martinez d'Aubuisson reported intimidation, possibly by police officers, over an August 22 report, "An Inside Look at a Police Death Squad." The report presented evidence that led to the arrest of four police officers linked to extrajudicial killings, sexual abuse and extortion.
On August 24, an anonymous Twitter account, allegedly operated by police officers, called for the deaths of journalists from Factum and the El Faro online magazine, similar to the death of Christian Poveda, a journalist killed by gang members in 2009 after allegedly betrayal of loyalty. According to the Salvadoran Journalists Association (APES), the media practiced self-censorship, especially in their coverage of gangs and drug trafficking. The government did not restrict or disrupt access to the Internet or censor online content, and there were no credible reports that the government monitored private online communications without proper legal authority.
The constitution provides for freedom of peaceful assembly and association, and the government generally respected these rights, although there were occasions when the government used intimidation tactics to discourage assembly. The government generally respected these rights, although in many areas the government could not provide freedom of movement due to criminal gang activity. The government cooperated with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection.
According to the poll, 40.3 percent said they might migrate to another country in the next year. The poll also reported that 17.2 percent of individuals had a family member who was forced to migrate to another country due to threats or some other violent event in 2016. The NGO International Rescue Committee estimated that the number of IDPs total about 324,000, or 5.2 percent of the country's population.
However, on 4 April, a UNHCR representative reported that statistics for internally displaced people due to violence and insecurity may not be reliable. Access to asylum: The law allows for the granting of asylum or refugee status, including an established system for the protection of refugees.
Freedom to Participate in the Political Process
Corruption and Lack of Transparency in Government
As of August 23, the Probity Division of the Supreme Court was investigating 517 current and former public officials for illegal evidence. As of August 30, the Attorney General's Office reported that investigations were ongoing into 130 corruption-related cases, with 11 convictions during the year. As of August 23, the Ethics Tribunal reported receiving 375 complaints against 476 public officials.
On June 6, the Office of the Attorney General began an asset forfeiture process against nine properties (valued at $627,000) of the late former President Francisco Flores. On February 4, the attorney general indicted 17 individuals in the corruption case against former president Antonio Saca (2004-09). A court has frozen additional assets belonging to suspects in the Saca case, including 50 properties and 60 vehicles.
On November 28, former president Mauricio Funes and his son Diego Funes Canas were found guilty of illicit enrichment. Funes was ordered to pay restitution and found ineligible to hold public office for a period of 10 years. On January 13, El Salvador's First Criminal Chamber revoked bail for former state prosecutor Luis Martinez, businessman Enrique Rais and five other suspects on trial on corruption-related charges, including fraud and bribery.
Police have obtained a re-arrest warrant for Enrique Rais and five associates, who all disappeared after a court hearing on January 9. Financial disclosure: The Unauthorized Enrichment Act requires appointed and elected officials to declare their assets to the Supreme Court's probity division. The statements are not available to the public unless requested by petition, and the law provides for fines for failure to comply ranging from $11 to $571.
The full bench of the Supreme Court gave the probity department till August 29 to submit the requested information; as of November, the integrity department has not provided information and renewed requests for extensions have been granted. In May 2016, the Supreme Court established three criteria for the selection of investigative cases: the age of the case (i.e. the proximity of the statute of limitations), the relevance of the situation, and the seriousness and notoriety of the alleged illegal enrichment.
Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Discrimination, Societal Abuses, and Trafficking in Persons Women
Although the law prohibits discrimination based on gender, women have suffered from cultural, economic and social discrimination. The law requires equal pay for equal work, but according to the World Economic Forum's 2016 Global Gender Gap Report, women's average pay for comparable work was 54 percent of the compensation paid to men, down from 60 percent in 2015. The law classifies statutory rape as during sexual relations with a person under the age of 18, and includes penalties of four to 13 years in prison for violations.
The law prohibits participating in, facilitating or purchasing material containing child pornography, and provides for a prison sentence of up to 16 years for violations. The National Council for the Comprehensive Care of Persons with Disabilities (CONAIPD), made up of representatives from several government bodies, is a government agency responsible for protecting the rights of persons with disabilities, but has no executive power. The government did not effectively enforce legal requirements regarding access to buildings, information and communications for people with disabilities.
According to CONAIPD, there is no mechanism to verify compliance with the law that requires companies and non-governmental agencies to employ a person with. CONAIPD reported that employers often fired people who acquired disabilities and would not consider people with disabilities for jobs for which they were qualified. The Ministry of Labour's Directorate-General for the Working Environment Authority imposed 403 fines on companies between 2014 and 2017 for violations of the Labor Act that require the employment of persons with disabilities.
On February 18, two of the victims arrived at a party in San Luis Talpa, Department of La Paz, when the perpetrators opened fire from a vehicle. Authorities reported that gangs killed a third transgender victim on February 21 in Cuyultitan, La Paz, in retaliation for her participation in the killing of the first two victims. Members of the LGBTI community stated that staff from the PNC and the Attorney General's Office mocked them when they applied for identification cards or reported cases of violence against LGBTI persons.
Although the law prohibits discrimination based on HIV/AIDS status, Entre Amigos, an LGBTI non-governmental organization, reported that discrimination due to HIV was widespread. On August 31, PDDH reported a case of discrimination against people with HIV or AIDS.
Worker Rights
The Ministry of Labor reported a case of discrimination against an HIV-positive worker based on illness in 2016. If the Ministry of Labor denies a union legal registration, the law prohibits any attempt by the union to organize for up to six months after the denial. By August, the Ministry of Labor had received 3,225 complaints about violations of the labor code, including 229 cases of non-payment of the minimum wage.
The Ministry of Labor has admitted that it does not have enough resources such as vehicles, fuel and computers to fully implement the law. By September, the Ministry of Labor received two reports of violations of freedom of association. In July, the Ministry of Labor supervised the mediation of 3,728 disputes between employers and individual workers or groups of workers.
The Ministry has no jurisdiction over civil servants, as most are covered by the Civil Service Act. The Department of Labor did not report on forced labor cases; however, gangs subjected children to forced labor in illegal activities, including selling or transporting drugs (see section 7.c.). The Department of Labor remains responsible for enforcing child labor laws, but has done so with limited effectiveness.
By September, the ministry reported 596 child labor inspections, among which inspectors reported seven cases of child labor and one case of a youth working without a permit. The Ministry did not have adequate resources to effectively enforce child labor legislation in the agricultural sector, particularly in coffee and sugarcane production, or in the large, informal sector. According to the Ministry of Labour, migrant workers have the same rights as citizens, but the Ministry did not enforce them.
The Department of Labor is responsible for setting workplace safety standards, and the law establishes a tripartite committee to review the standards. Unions reported that the ministry was not enforcing the law for subcontractors hired for public reconstruction contracts. As of September, the ministry conducted 20,134 inspections, 22 percent of which were inspections as a follow-up to previous investigations.
As of August, Department inspectors had imposed $1.34 million dollars in fines on companies for labor law violations, though this did not include fines for fee withholding, child labor and forced labor.
