The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) on Wednesday warned of the “risks of severe criminalization” of the press with the validity of reforms that punish up to 15 years in prison “any type of written demonstration that alludes” to gangs in El Savior.
In a press release, the Rapporteurship also warned that these reforms, approved and put into effect on April 5, contradict “international standards”.
“This Office considers that the breadth and vagueness of the terms used to describe prohibited conduct conflict with international standards that require that any limit to freedom of expression be expressly, narrowly and clearly provided by law,” he said.
He added that “the aforementioned ambiguity of the wording makes it difficult to distinguish between punishable and non-punishable expressions”.
He also noted that “the present reforms, as they were drafted, activate risks of severe criminalization of legitimate activities in society and of special importance for democratic life such as journalism, the defense of human rights, parliamentary activity, academic research, among others”.
He added that “in the public conversation around these reforms different authorities have spoken out suggesting similarities between journalistic work on public security and discourses not protected by international law such as propaganda for war and advocacy of hatred, including references to Nazism.”
“However, neither the explanatory statement nor the article contains any references that allow us to conclude that the speeches sought to be combated bear any resemblance to those that represent propaganda for war, advocacy of hatred or incitement to genocide,” stressed the IACHR Rapporteurship.
This instance of the IACHR called on the Salvadoran State “to bring legislation into line with inter-American human rights standards in the area of freedom of expression.”
Salvadoran President Nayib Bujele compared these reforms promoted by his government to Germany's struggle to eradicate Nazism.
“When the Germans wanted to eradicate Nazism, they prohibited by law all Nazi symbols, as well as messages, apologies and anything that was aimed at promoting Nazism,” the president wrote on Twitter.
These reforms were approved within the framework of a state of emergency approved at the end of March, following a wave of homicides that claimed the lives of more than 80 people and placed the 26th of that month as the most violent in El Salvador's recent history.
The Government attributed the escalation to gangs, so Congress tightened prison sentences against these groups and the security forces have captured more than 10,500 people.
Gangs, a phenomenon considered a legacy of the Salvadoran civil war (1980-1992) and strengthened by the deportation of gang members from the United States, have resisted the security plans implemented by the last four administrations and generated spikes of violence over the years.
(With information from EFE)
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