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"It is outrageous that the judge is allowing this trial to go forward despite the lack of any evidence of a crime," said one observer.
Human rights defenders on Wednesday condemned a Salvadoran court's decision to uphold what critics say are politically motivated murder and illicit association charges against five environmental activists.
Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Teodoro Antonio Pacheco, and Saúl Agustín Rivas Ortega were arrested in January 2023 and accused of murdering María Inés Alvarenga—an alleged collaborator with the U.S.-backed Salvadoran regime that killed approximately 75,000 civilians during a 1979-92 civil war—when the men were Farabundo Martí National Liberation Front (FMLN) rebels.
Defenders of the "Santa Marta Five" have highlighted not only the Salvadoran government's failure to show any proof of the men's guilt, but also the fact that perpetrators of civil war-related crimes are protected under a 1992 amnesty agreement between the government and FMLN.
"It is outrageous that the judge is allowing this trial to go forward despite the lack of any evidence of a crime," said John Cavanagh, a senior adviser at the Washington, D.C.-based Institute for Policy Studies.
"The international community stands strong with the five leaders of the successful fight against mining, and we will join Salvadoran water defenders to continue to fight with them for justice in this case," he added.
Advocates for the five defendants have also noted how a "state of exception" imposed as part of right-wing Salvadoran President Nayib Bukele's war on drug gangs has eroded due process and other rights. As Common Dreams has reported, tens of thousands of people have been arbitrarily arrested and imprisoned under the crackdown. More than 130 of them have died in state custody.
Some critics say it's no coincidence that the Santa Marta Five—who played a key role in winning a 2017 ban on metals mining in El Salvador—have been targeted by Bukele's government, which is taking steps to reverse the historic prohibition. Environmental activists have found themselves in the crosshairs.
Vidalina Morales, who heads the environmental and human rights group Association of Economic and Social Development (ADES)—where Santa Marta Five member Pacheco worked— toldAtmos earlier this year that by arresting the Santa Marta Five, Bukele's administration is "sending us a message."
"They want to open the path for these mining projects to come back," she explained. "They want to criminalize the social movements in this country."
"This is the life we're living in El Salvador," Morales added. "We feel so much fear for our lives and the lives of our families."
Viviana Herrera, the Latin America program coordinator at MiningWatch Canada, said Wednesday that "there is a well-documented pattern of criminalization across the Americas, where environmental defenders are slapped with unfounded charges in an effort to silence their opposition to mining and prevent their life-affirming work protecting water for future generations."
"We firmly denounce today's Santa Marta case ruling," she continued. "All five water defenders played pivotal roles securing an historic ban on metal mining in El Salvador, and this ruling is a clear threat to the rights of all Salvadorans who are protecting their water and environment."
"We express our heartfelt sorrow with the five water defenders and their families," Herrera added, "and will continue to call for the charges to be dropped until they are free."
Ahead of proceedings next week, an international coalition continues to back a call to "drop the baseless charges against the Santa Marta Five."
Nine organizations from around the world on Monday renewed calls for El Salvador's government to drop "politically motivated charges" against the "Santa Marta Five" as the well-known water defenders prepared to stand trial beginning April 3.
Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Teodoro Antonio Pacheco, and Saúl Agustín Rivas Ortega were arrested in January 2023 and accused of murdering an alleged military informant during a civil war over three decades ago. Rights groups worldwide have repeatedly highlighted that not only has the Salvadoran government failed to produce any proof of their guilt, but also the five men should be covered under a 1992 amnesty law related to the war.
"In the spirit of Saint Óscar Romero, these community leaders have embodied the legacy of the preferential option for the poor in their fight for justice and for the well-being of their communities," Institute for Policy Studies (IPS) senior adviser John Cavanagh said Monday, a day after the 44th anniversary of Romero's assassination in San Salvador.
"Now, we're calling for justice for the Santa Marta Five as they face politically motivated charges and attempts to silence their movement," added Cavanagh, whose group gave its 2009 Letelier-Moffitt Human Rights Award to the National Roundtable on Metals Mining, a coalition the arrested water defenders helped build.
"We recognize the historic and heroic struggle of the community of Santa Marta to build a better future for the most marginalized populations."
The Santa Marta Five, who were released to house arrest in September, helped pass a 2017 legislative ban on metal mining in El Salvador. Salvadoran President Nayib Bukele, who was reelected last month, has reportedly been considering reversing the prohibition in response to economic issues resulting from his policies.
"The Santa Marta Five water defenders were part of an emblematic fight to protect their land and waters from Canadian gold mining and ban metal mining," declared Viviana Herrera, Latin America program coordinator at MiningWatch Canada. "However, as in other countries in the region, their environmental struggle has come at an immense cost for them and their communities."
Chris Aylward, national president of the Public Service Alliance of Canada, said that "we recognize the historic and heroic struggle of the community of Santa Marta to build a better future for the most marginalized populations, one where universal rights are guaranteed, including to health and water for all."
Acknowledging the global movement that has rallied behind the Santa Marta Five, the United Church of Canada's Christie Neufeldt vowed to keep pushing "for the charges to be dropped and to accompany their work to protect the ban on metals mining."
Along with the Canadian groups and IPS, the coalition supporting the five men includes the Central American Alliance on Mining, Pax Christi International, the SHARE Foundation, Sisters of Mercy of the Americas, and the Washington Ethical Society (WES).
“The Washington Ethical Society has a long history with the communities of El Rodeo and Santa Marta. We partnered with ADES in an eight-year process to build a potable water system for the community," noted Ross Wells, co-chair of WES's sister community program in El Salvador. "Antonio Pacheco, director of ADES and one of the arrested water defenders, was instrumental in making this project possible."
"WES members met with him every year for 12 years. Like the other members of the Santa Marta Five, Antonio was arrested and jailed for political reasons. These men fought hard to protect the waters of El Salvador from the ravages of metallic mining," he continued. "To help prop up an imploding economy, the current regime is making moves to reintroduce mining against the will of the people."
Wells also pointed out that the Santa Marta Five are among the tens of thousands of people arrested under El Salvador's state of exception, which began in March 2022 and has provoked intense condemnation from rights groups that have documented sweeping abuse by security forces, including arbitrary detention without due process.
"WES stands with the people of Santa Marta, in working for a just El Salvador, where human rights and the rule of law are respected," he said. "We pledge to continue fighting with others in the international community to protect the existing law against mining and drop the baseless charges against the Santa Marta Five."
"We need the continued support of the international community to ensure that basic human rights, such as the right to due process, are upheld in El Salvador," said one local campaigner.
In the wake of right-wing Salvadoran President Nayib Bukele recent reelection, 245 groups from 31 countries on Friday renewed calls for his government to drop all charges against five Salvadoran water defenders known globally for their anti-mining work.
Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Teodoro Antonio Pacheco, and Saúl Agustín Rivas Ortega—who fought for a 2017 legislative ban on metal mining in El Salvador—were arrested over a year ago. They are accused of murdering an alleged military informant during a civil war more than three decades ago. While they were released to house arrest in September, the "Santa Marta Five" still face charges that critics call politically motivated.
In a joint statement published in English and Spanish, the global coalition pointed to reporting that Bukele's government is "considering overturning the mining ban" due to economic issues in the Central American country as well as his administration's "crusade to criminalize, persecute, and demobilize its political opponents."
"We call on the Salvadoran government to drop all charges against the five prominent water defenders and to protect, not undermine, the human rights of all Salvadorans."
"Rather than investigate or prosecute those responsible for the dozens of cases of human rights violations and crimes against humanity that members of the Salvadoran military committed against the Santa Marta community (including the murders of the Lempa River massacre in 1980, where 30 people were assassinated and 189 were disappeared), the government is now re-victimizing the community by targeting their leaders, who have been outspoken against the policies of the current government," the groups said.
"Over this past year, the Salvadoran government has produced no evidence of guilt for the five, and legal experts argue that the five are covered under a 1992 amnesty that was part of a National Reconciliation Law that passed that year," the coalition continued. "At the same time, hundreds of civil society organizations, elected officials from the U.S., Canada, and Spain, and U.N. special rapporteurs have called for their exoneration."
The Santa Marta Five are among over 75,000 people arrested during El Salvador's state of exception, a nationwide crackdown on gangs that began in March 2022. Human rights organizations say many of those imprisoned are innocent and have documented widespread abuse by security forces.
A U.S.-Canadian delegation visited El Salvador in October and last month released a report on their findings—in English and Spanish. In addition to highlighting the "tens of thousands of innocent people" imprisoned under Bukele and "compelling evidence" that he wants to violate the mining ban, the report states that the president "has taken a series of steps to reduce the independence of the judiciary, to violate basic human rights, and to suspend civil liberties and the rule of law."
The report also emphasizes that "representatives of the executive branches of the governments of the United States, Canada, Mexico, and the European Union have chosen to ignore these massive violations of human rights as they drop their criticism of Bukele's actions and supply financial aid to his government."
Report co-author John Cavanagh is a senior adviser at the Institute for Policy Studies, which is one of the groups behind the new joint statement and in 2009 honored the National Roundtable on Metals Mining, a coalition the arrested water defenders helped build, with its annual Letelier-Moffitt Human Rights Award.
"We were shocked by the level of fear of arbitrary arrest among ordinary people in El Salvador today," Cavanagh said Friday. "We call on the Salvadoran government to drop all charges against the five prominent water defenders and to protect, not undermine, the human rights of all Salvadorans."
Vidalina Morales, president of the Association of Economic and Social Development Santa Marta (ADES), stressed that "at this time, when President Nayib Bukele has consolidated his dictatorial control of all the democratic institutions of the Salvadoran state, we need the continued support of the international community to ensure that basic human rights, such as the right to due process, are upheld in El Salvador."