Tope Folarin Director at Institute for Policy Studies | Official website
As President Nayib Bukele of El Salvador proposed subcontracting part of the country's prison system to the United States during a visit from U.S. Secretary of State Marco Rubio, five Salvadoran environmental defenders refused to attend a court hearing, challenging the legitimacy of the judicial system. The case against them is seen as politically motivated.
In January 2023, police arrested these water defenders from Santa Marta on charges dating back to the civil war and held them incommunicado for over eight months. They were instrumental in passing a 2017 law banning toxic metals mining, which was recently overturned by Bukele's administration.
In October 2024, charges against them were dismissed due to lack of evidence. However, an appeals court annulled this verdict, allowing for a retrial starting February 3. The defendants chose not to attend, citing concerns over judicial independence and personal safety.
An academic read their open letter outside the court: “We have decided not to lend ourselves to continuing the game of [appeals court magistrates] and the government.” They described the retrial as “a political decision, not a legal one,” highlighting a lack of judicial independence from executive power. "There is no guarantee of a fair and legal trial," they stated.
Their absence was supported by over 300 organizations and 180 academics from 44 countries who urged dropping charges and rejecting metals mining following a new law allowing mining without proper assessments or community consent.
The International Allies against Mining in El Salvador expressed understanding for their decision: “Despite having already proven their innocence in court, they could have been immediately imprisoned for a crime they didn’t commit.”
Human rights groups report over 300 deaths in custody since Bukele suspended constitutional rights under a state of exception renewed monthly since March 2022.
The water defenders' letter highlighted political persecution linked to mining interests: “Our real crime is to oppose the pollution and environmental destruction of mining projects.”
John Cavanagh from the Institute for Policy Studies expressed concern for their safety: “We call on the Salvadoran government not to retaliate against the community of Santa Marta.”
Press contacts include John Cavanagh (IPS), Pedro Cabezas (ACAFREMIN), Christie Neufeldt (The United Church of Canada), Aideé Irina Tassinari Azcuaga (Universidad Autónoma de la Ciudad de México), and Olivia Alperstein (IPS Deputy Communications Director).
