The Christian Science Monitor of 30 October 2023, tells the story of attorney Dennis Muñoz who seeks to uphold human rights in El Salvador, despite increasingly difficult and dangerous odds.
Víctor Peña/Special to The Christian Science Monitor
Mr. Muñoz found a way to channel his deep-seated desire for justice by becoming a lawyer in 2005. But he doesn’t work with just anyone – he goes for the tough cases of human rights abuses. He has defended multiple women who suffered miscarriages but were accused of murder in a nation where abortion is banned without exception. He has fought arbitrary arrests of environmentalists, activists, and average citizens. He could be called a defender of lost causes.
There’s no shortage of demand for Mr. Muñoz’s work in El Salvador, which has the highest incarceration rate in the world. And these days the risks of his work are almost as high as the demand for it.
In March 2022, a monthlong “state of exception” was enacted in response to extreme gang violence. The order suspended basic constitutional rights for those arrested under it. Securing a court warrant before searching private communications was no longer required, for example, and arrestees were barred from their right to a defense attorney and their right to see a judge within 72 hours.
But what started as an emergency measure has become ordinary practice. The state of exception has been extended every month for more than a year and a half now, with no end in sight. Violence has declined dramatically, but critics say the order’s extreme powers are seeping far beyond the gang-related arrests they were meant to address. Even those detained outside of the state-of-
exception category are having their rights suspended.
That’s the group Mr. Muñoz focuses on. While he has taken a few state-of-exception cases, he primarily works on human rights violations, with the added burden now of his clients getting caught in the emergency order’s crosshairs. Despite death threats and intimidation, he’s not slowing down. Instead, fellow lawyers doing similarly risky work ask him to be on call if – or, perhaps more likely, when – they themselves are arrested.
… Despite quashing constitutional rights, the move has been overwhelmingly popular for providing a long-elusive sense of calm.
“A tired society, fed up with a lack of answers to the chronic problem of violence, is willing to accept short-term answers,” says Verónica Reyna, director of human rights for the Passionist Social Service, a nongovernmental organization focused on local violence prevention and support of human rights.
Gustavo Villatoro, minister of justice and public security, acknowledges that the state of exception is affecting more than gang members. Over 7,000 innocent people have been arrested, Mr. Villatoro said in August, noting that some degree of error is inevitable. But the consequences of those errors can be grave. Even if a case has nothing to do with gang activity, lawyers can be blocked from visiting their clients in detention, and court hearings can be suspended. Over 71,000 Salvadorans have been arrested under state-of-exception rules. With 6 million people in El Salvador, close to 2% of the adult population is currently behind bars. And many of them, even those not under the emergency order, lack access to a lawyer and may be tried en masse.
Margaret Satterthwaite, the United Nations special rapporteur on the independence of judges and lawyers, tweeted in May that in El Salvador, “public defenders reportedly have 3-4 minutes to present the cases of 400 to 500 detainees.” She warned that “fair trial rights must not be trampled in the name of public safety.”
In the last week of July, Salvadoran lawmakers eliminated a previous two-year limit on pretrial detentions and passed reforms to allow mass trials that could bring together 1,000 individuals in a single appearance before a judge.
“Maybe they won’t let us be lawyers anymore,” says Mr. Muñoz, “at least not private attorneys with independent criteria.”
“The reforms have disrupted the whole system and have turned innocence into an exception,” says Ursula Indacochea, program director at the Due Process of Law Foundation, based in Washington. “Presumption of innocence is disappearing because the roles have shifted. The state no longer has to prove I’m guilty, but now I’m guilty and have to prove I’m innocent,” Ms. Indacochea said in a Sept. 7 radio interview in El Salvador.
Of the 35,000 authorized lawyers registered in El Salvador, Mr. Muñoz stands out for almost exclusively taking cases of human rights violations.
“Things aren’t easy right now,” he says, describing the justice system as “made to convict.” The government is “criminalizing the job of lawyers,” he adds.
Yet Mr. Muñoz looked anything but cautious at a press conference in early July, where he was the only person wearing a suit at the San Salvador offices of the Christian Committee for Displaced People in El Salvador, a wartime human rights organization. He headed to the podium in the ample room, sparsely decorated with pictures of St. Óscar Romero, the archbishop of San Salvador murdered by right-wing death squads in 1980.
Mr. Muñoz discussed openly a forbidden topic. Five environmentalists were arrested in January over the alleged 1989 murder of a Salvadoran woman during the war. The case was under a court-issued gag order.
“It’s very serious that environmentalists are being unjustly accused, bending [what are considered] the rules of due process anywhere in the world,” Mr. Muñoz said, staring into the cameras.
His clients in this case are former guerrilla members, and two of the accused are part of the Association of Economic and Social Development Santa Marta, known as ADES. One of the country’s oldest environmental organizations, ADES was key in achieving the total ban on mining here in 2017. In a country where almost the entirety of war crimes remain unresolved and defendants in active cases are rarely imprisoned, the arrest of these men was an outlier, apparently due to their vocal criticism of the government. The U.N. called for the activists’ immediate release.
“Dare I say there are crimes being committed against these environmentalists,” Mr. Muñoz said before the media. “It’s nefarious that things like this happen in a country that calls itself democratic but really has a criminal injustice system in place.”
Víctor Peña/Special to The Christian Science Monitor
By late August, Mr. Muñoz had successfully convinced a judge to grant an order for his clients’ release. “It’s a crumb of justice, but we shouldn’t celebrate until there’s a dismissal of proceedings,” he said at a later press conference.
It’s hard to reconcile this image of seeming fearlessness with Mr. Muñoz’s request when the Monitor approached him for an interview: Could the piece leave out his last name? The question reflects a sense of fear that has built up over many years of doing this work.
Mr. Muñoz downplays receiving death threats, normalizing the culture of violence he’s lived under for most of his professional life. “They say they wish that I was extorted or killed because of the people I’ve defended,” he says about the social media threats. He thinks he’s been able to stay off the political radar by censoring his opinions. “I issue legal and technical opinions,” he explains. “Other colleagues have entered the political arena and expose themselves more to attacks.”
This post was originally published on Hans Thoolen on Human Rights Defenders and their awards.
