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Rethinking the El Salvador Mara – Drug Trafficking Relationship

Ahuachapan buying marijuana

All the sources of information contained in this document are identified and are publicly available. This Paper was prepared by the Research Directorate of the Immigration and Refugee Board of Canada based on approved notes from meetings with oral sources, publicly available information, analysis and comment. All sources are cited. This Paper is not, and does not purport to be, either exhaustive with regard to conditions in the country surveyed or conclusive as to the merit of any particular claim to refugee protection. For further information on current developments, please contact the Research Directorate. Source: United Nations UN. May Department of Peacekeeping Operations, Cartographic Section. In , Canada and the United States began working together to identify opportunities to establish new modes of cooperation in the areas of asylum and immigration; this collaboration is known as the Asylum Cooperation Action Plan ACAP. A representative of the Mexican Embassy in San Salvador also participated. The joint mission was carried out from 11 to 15 April Following the completion of the joint mission, the IRB conducted its own research for one further week in El Salvador. The purpose of this was to meet with additional expert sources not included in the joint mission agenda due to time constraints, to gather corroborating and contrasting information, and to enable the IRB's Research Directorate to develop new contacts, strengthen existing ones, and obtain information uniquely needed to support the IRB's decision-making on refugee status determination now or in the future. This report summarizes the information gathered by the representatives of the IRB during both the joint mission and during the IRB's additional week of research. The mission consisted of a series of meetings with experts and officials from relevant governmental, non-governmental, academic, and research-focused organizations. For details on the organizations and individuals consulted during this mission, please refer to the section entitled Notes on Interlocutors at the end of this Paper. The interlocutors chosen as oral sources to be interviewed were identified by the delegation based on their position and expertise. However, the list of sources should not be considered exhaustive in terms of the scope and complexity of human rights issues in El Salvador, given the time constraints that the delegation had to undertake the mission. Interview questions posed to interlocutors were formulated in line with the Terms of Reference for the mission see Appendix. Interviews were conducted using a semi-structured approach to adapt to the expertise of the interlocutor s being interviewed. Interlocutors' responses to these questions varied depending on their willingness and preparedness to address them, and the length of time granted for the interview. In accordance with the Research Directorate's methodology, which relies on publicly available information, interlocutors were advised that the information they provided would form the basis of a report on country conditions. This report would be publicly accessible and used by decision-makers adjudicating refugee claims in Canada. Furthermore, interlocutors were asked to consent to being cited by name for the information they provided. This Paper examines the situation of crime, gangs, internal relocation, and state protection mechanisms available for victims of crime. A second, separate Paper, will provide information about the situation of gender-based and domestic violence against women, as well as the situation of LGBTI people, and the legal recourse available to them. El Salvador has an estimated population of 6,, people and a land area of approximately 20, square kilometers; approximately the size of New Jersey. Footnote 3. In the s, the US undertook large scale deportations of non-US citizens of Central American origin back to their countries of origin, Footnote 4 after serving time in jail. Footnote 7 Sources explained that at the time when these deportations occurred in the early s, the country's institutions were weak as the state was in the process of undertaking the reforms followed the peace accords that ended the civil war. Footnote 8 Sources indicate that in this historical context, the gang phenomenon in El Salvador grew, mutated, and became more powerful. Footnote 9 The Vice-Minister of Justice and Public Security noted that the origins of the gang problem are rooted in the erosion of the social fabric and the weak presence of the state following the war. Footnote 10 Other sources pointed to poverty as the breeding ground for gangs to prosper. Footnote In , the Salvadoran government instituted mano dura heavy handed and super mano dura super heavy handed policies to deal with the rising violence committed by gangs Footnote 12 by adopting measures that included immediate imprisonment for certain appearances and behaviours, such as having a tattoo, Footnote 13 apparel and mode of dressing, hair cut style, and being in groups. Footnote 14 As a result, many people accused of being gang members were detained, Footnote 15 causing the prison population to rise to 8, prisoners in , which was double the figure. Footnote 17 Sources indicate that the gang problem, instead of improving, became worse, as gangs became more organized from within the prisons. Footnote 18 Presently, the government has not developed prevention programs with regards to the gang recruitment. During the mission, several sources described the level of crime in El Salvador as 'critical. Footnote 21 Gangs are obtaining sophisticated high-caliber weapons to commit crimes. El Salvador's homicide rate for was homicides per , inhabitants, Footnote 23 while for it was According to El Faro , the security problems due to gangs in El Salvador are 'very complex. He gave the view that 'the problem is not of resources, but lack of leadership and competent people to govern and carry out the projects. He also pointed out to existing corruption that impedes the efficient execution of government projects. Footnote 26 Other sources similarly indicated that corruption is 'rampant' Footnote 27 and government institutions are very weak due to corruption, and political and economic partisan interests. Footnote 28 The US Department of State's Country Reports on Human Rights Practices for for El Salvador similarly states that '\[t\]he law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. According to SCIS, El Salvador is becoming what they describe as a 'survival economy,' due to the instability of economic livelihoods. Journalists practice self-censorship and are vulnerable to criminal organizations. They are also threatened or killed for not giving broadcast access for gang members to appear in the media. Footnote 32 APES also gave examples of journalists being forced by their employers to cover stories in conflict zones or face reprisal through dismissal. The MS and M declared a truce with one another between and in order to establish a dialogue with the government. However, several sources indicated that during the truce, gangs became more powerful. Footnote 33 El Faro explained that the truce gave Salvadoran gangs a 'new and visible political conscience, as well the notion of how to strategically administer violence in order to achieve their objectives. Footnote 36 El Faro indicated that, with the truce, gangs came to understand the political importance of possessing territory, and they continue to use their territorial influence to negotiate with political candidates wishing to canvas for support inside territories controlled by the gangs. Footnote 37 El Faro gave the opinion that despite their political power, gangs are not interested, for the moment, in founding a political movement and are more interested in negotiating with their territorial influence to achieve their objectives. According to Dr. Gaborit, if the homicide rate decreases, it is not by the government's action, but that of the gangs decisions; and if extortions decrease, it is not by the government's actions, but because gangs have strategically determined to do so. Footnote 38 InSight Crime, an organization that analyzes and reports on organized crime in Latin America and the Caribbean, Footnote 39 also reports that gangs in El Salvador possess political influence. Sources indicate that despite the lowering of homicides during the truce, the number of extortions, threats, Footnote 41 and disappearances Footnote 42 increased. For more information, see section 4. El Faro indicated that gangs are the natural expression of the absence of the state. Gaborit explained that in El Salvador, the state has not invested in the population or in communities by providing adequate access to education, health care, and infrastructure, leaving people highly vulnerable to crime, living in poverty, and lacking employment opportunities. This creates the conditions for crime organizations to develop and grow. Gaborit indicated that the territory gives gangs their identity, security, income, a large network of collaborators and sympathizers, and 'a community that will not say anything to authorities. Information about the number of gang members in El Salvador varies. The territorial presence of gangs has increased significantly in recent years and the control they exert in communities has become stronger. Gangs exert their influence all over the country. Footnote 47 Authorities have lost control over territory to gangs, as the latter decide who enters and who leaves from neighbourhoods. Footnote 48 Gangs are very vigilant in controlling their territories and they question whoever enters these territories. Footnote 49 According to El Faro , people in El Salvador know which gang exerts its influence in the neighbourhood in which he or she lives. During the mission, several sources pointed out that gangs are seen as the de facto authorities in many communities. Sources indicated that gang control has taken deep roots inside their communities Footnote 50 to the point of changing the lifestyles of many Salvadorans. Footnote 51 El Faro indicated that there is no set of homogeneous norms inside communities, however. Some norms are unspoken, yet common. For example, people must advise gangs of any visit by someone from outside the neighbourhood to avoid problems, and the gang determines and controls the entry procedure a person must follow when entering the neighbourhood, such as turning off headlights or using high beams, lowering the windows, or honking. In some cases, a rumour about gangs can change the lifestyle of residents. El Faro provided the example of a rumour that gangs indicated that all women who work in downtown San Salvador and who have their hair tinted blond would be killed because only the partners of gang members were permitted to have blond hair. The next day all women who were not gang partners and who had blond hair tinted it with another colour. Footnote 53 The US Department of State's Country Reports on Human Rights Practices for for El Salvador indicates that '\[i\]n many neighborhoods, armed groups and gangs targeted certain persons and interfered with privacy, family, and home life, and created a climate of fear that the authorities were not capable of restoring to normal. Gangs routinely impose curfews in neighbourhoods, especially when they want to take precautionary measures for an imminent attack or when they are going to execute an action. Footnote 55 Also, according to Dr. Gaborit, curfews and other methods of curbing the free movement of people, such as giving orders to stop bus transit, thereby paralyzing public transportation, are also used by gangs to signal their strength to the government; displaying that they have the power to exert such control. Footnote 57 For example, when teachers must travel to a school in another neighbourhood where they are employed, gangs detain them, ask them to produce their DUI, and interrogate them in order to obtain information about the neighbourhood where they live, who their family members are, and what is the purpose of their presence in the neighbourhood. Footnote 58 Gangs also routinely ask visitors or strangers to produce their DUI to find out where that person comes from and which gang operates there. Footnote 59 They also post closed circuit TV cameras outside neighbourhoods to monitor and control the movement of people. The gang leaders in the community also intervene to settle conflicts among residents in the neighbourhood. Footnote 61 Sources indicated that when settling disputes with other members of their community, people usually go to the gang leader rather than to authorities. Footnote 62 El Faro provided the example of a woman who went to see the gang leader in her neighbourhood to complain about domestic violence and abuse by her husband. The gang leader reportedly threatened her husband and the violence against her ceased. Footnote 63 El Faro explained that the gangs do not want state authorities arriving in the neighbourhood and prefer to resolve conflicts themselves through threats of violence. The fight for territorial control among gangs creates invisible lines that act as de facto borders and affect the freedom of movement of inhabitants. Sources indicated that when a person lives in a neighbourhood controlled by one gang, he or she cannot transit the territory of another gang without running the risk of being killed. Footnote 65 El Faro provided the example that if a person who lives in a territory controlled by one gang decides to visit a friend or a family member who lives in a neighbourhood controlled by the opposite gang, he or she could be killed by either gang because, on one hand, the gang in the neighbourhood the person is visiting considers it an offense that the person lives in a territory controlled by the other gang. On the other hand, the gang that controls the neighbourhood where the person lives might see him or her with suspicion for visiting the other gang's territory. Therefore, in order to go to work or school, people have to take alternative routes to avoid passing through opposite gangs' territory. If a school or educational institution is two blocks away but is controlled by the opposite gang, the student will not be able to go there. There have been cases of young people who have been killed for wearing the uniform of an institution which is located in opposing gangs' territories. Catholic churches change religious processions to avoid passing through opposing gangs' territories in order to avoid running the risk that parishioners will be hurt or killed. According to El Faro , gangs in Central America operate as a franchise, meaning, although a gang may share the same name, their structures, founding myths, the way they perceive themselves, and their territorial presence is very different from country to country. In El Salvador and Honduras, for example, gangs are present and exert their influence throughout the territory. In Guatemala, however, the gang phenomenon is mostly urban and they have not been able to establish a strong presence in rural, indigenous areas. In Los Angeles, where there are about Latino gangs, all of them are subordinated to the Mexican Mafia gang, or ' La Eme ,' and gang phenomenon in that region is stratified by race. Gangs are described by interlocutors as very sophisticated structures Footnote Gangs' internal structure is hierarchical. Footnote 69 El Faro explained that the Mara Salvatrucha's lowest organizational unit is the clique clica. Cliques are organized into programas of different sizes, and in El Salvador there are 54 programas. The Barrio 18 's lowest organizational unit are the canchas , and these are organized into tribus. The top echelon of the gangs is called the ranfla , who is usually in prison, Footnote 70 as prisons are gangs' operations centres where the leadership is located. Footnote 71 Each tribu and programa manages their own resources, which come mostly from extortion, and they use these resources for basic necessities for the gang such as lawyers for detained members, medical expenses for members injured or wounded, payments to family members of gang members who have been killed or imprisoned, and to buy weapons. They also spend the money on symbolic 'luxury' goods that represent their status and gang membership, such as Nike Cortez sneakers, and marijuana, particularly in prisons. Gangs also invest money in buying drugs to resell. Diagram: Gangs' structure Footnote Recruitment into gangs usually starts as early as 11 years old, Footnote 74 but gangs use children as young as 8 years old as look-outs postes to call the gangs on cellphones when the police or non-residents are entering the neighbourhood. Footnote 75 They also use children to collect extortion payments, Footnote 76 to eavesdrop on people, or to do other chores for the gang in exchange for a few dollars. Footnote 77 The PDDH further indicated that gangs use children and young people to commit crimes such as drug dealing on the street, theft, threats, and murder. Gangs target children from poor and broken families, or who live with their grandparents, children who have relatives in the US, or, those who have psychological problems or mental disabilities. Footnote 78 Recruitment takes place in local communities Footnote 79 and schools. During the mission, sources provided different views on whether recruitment was forced or voluntary. Sources indicated that there are cases of people who are reportedly forced to collaborate with gangs under the penalty of being killed or having family members killed in reprisal. For example, there are parents who feel privileged that a gang member 'chooses' their daughter over others, because she will have social status and will have better living conditions. Also, children who avoid gang involvement are marginalized, humiliated and bullied, whereas a child who becomes involved with gang members becomes part of their circle of protection and will begin to build a reputation in the community. In this way, recruitment is 'voluntary. There are many children and youth who want to become part of a gang because involvement in such activity is perceived to bring access to the criminal economic benefits associated with it, as the gangs are both respected and feared inside their communities. Footnote 83 Youth perceive the gangs as an opportunity to overcome poverty; they admire the gangs and their lifestyle Footnote 84 to the point of giving their lives for the gang. Footnote 85 El Faro indicated that young males perceive that being a gang member brings social status and admiration. To avoid being recruited by gangs, those parents who can afford it send their children to private schools. Those who cannot afford to do so are forced to remain indoors in their houses without the possibility to go to school, work, or play on the street, so as not to risk being harmed by gangs. Footnote 86 Foundation Cristosal indicated that the same happens to displaced families with children who arrive in a new neighbourhood. El Faro indicated that women are not accepted as full members of gangs due to the masculine-centric attitudes prevalent in Salvadoran society, which also permeate the gangs. Women used to be full, recognized members of the gangs until when the gangs decided not to recruit more women, as they were perceived as the 'origin of too many conflicts. Footnote 90 If a woman or a girl does not visit an imprisoned gang member as ordered, or, if she is seen accompanied by other men, she, Footnote 91 or a member of her family Footnote 92 would be killed. Also, if a gang wants to kill another gang member and he cannot be found, the gang will kill his wife. Footnote 94 For additional information on the situation of women in El Salvador, refer to Part 2 of the information gathering mission report. However, if he is later found to be drinking alcohol or smoking, he could be killed. Footnote 95 Sources indicated that the penalty for quitting the gang is death, regardless of the motive. Footnote 96 Also, as El Faro explained, it is 'very hard for gang members to cut ties with the imprisoned leadership because sooner or later he will end up in prison and he will have to settle scores with the gang. El Faro indicated that gangs have taken different decisions in this regard. In the past, it was sometimes obligatory to have a tattoo, Footnote 97 while in other cases, gang members needed to earn a tattoo. Footnote 98 Usually, gang members who are 30 years old or older are completely tattooed. Footnote 99 Even though the use of tattoos has been decreasing in recent years to avoid being identified by authorities as gang members, gangs also use tattoos as a form of punishment for a mistake made by that member, or when his loyalty is questioned, for example, tattooing his face 'to dissipate any doubt. Sources indicated that, presently, gang members are more discrete in the way that they dress in order to avoid being detected by the PNC. Footnote Gang members tend not to wear loose clothes and Nike Cortez athletic shoes, as they had in the past, and rather, dress like any other person. Footnote According to El Faro , 'there is no distinctive trait to indicate who is a gang member. The mission heard from sources that some of the crimes committed by gangs include homicide, extortion, forced recruitment, forced disappearances, street-level drug trafficking narcomenudeo , threats, and carjacking. Extortion is a problem in El Salvador. All businesses, from the street vendor to transnational companies, pay extortion, or 'rent,' to the gangs. Footnote The mission heard examples of extortion of teachers, students, telecommunication companies, municipalities, judicial workers, bus drivers, and businesses. Gangs also extort residents who are receiving remittances from abroad, and people who are successful in obtaining employment with higher pay. Footnote According to SCIS, gangs calculate the 'rent' to be paid by a business owner by sending a gang affiliate to surveil how many customers receive on average, in order to estimate the income taken by the business. The 'rent' usually ranges between 20 and 30 percent of the target's income. Footnote Some companies and small businesses hire negotiators to arrange the rates they must pay for extortion. In a 16 September correspondence with the Research Directorate, El Faro similarly indicated that items such as 'operational costs' and 'special collaborations' are used by companies to incorporate, in their formal financial accounts and tax returns, amounts paid for extortion. Methods used to extort people include sending a person, usually a minor, to hand over to the business owner or one of the employees, either a cellphone with a gang member on the line asking for the 'rent,' or a telephone number for the business owner to call, or a piece of paper with the extortion amount to be paid. AEAS indicated that if someone does not pay the extortion, as a reprisal, gang members will kill the business owner, or an employee from that business, or shoot indiscriminately at the business. El Faro gave the example of a telecommunications company that started to subcontract technicians to go into gang-controlled territory in order to avoid paying extortion. When gangs noticed the move, they threatened to kill subcontracted technicians if the company did not pay the extortion. Footnote Gangs also extort the following targets: government entities carrying out infrastructure projects, by threatening to kill workers on the project; Footnote residential gated communities by asking the security guard to relay the message that everybody in the community has to pay a 'rent,' otherwise they will kill the guard; a business that wants to set up a billboard in an area controlled by the gangs; Footnote and fishermen, by takng a portion of their catch, which the gangs then sell in the local market themselves. Bus companies are particularly affected by extortion. A bus driver has to pay the extortion to each gang of the territory that the driver transits. If the extortion is not paid, the gangs shoot at the buses, burn buses, or kill bus drivers or bus company employees. Bus drivers are also subjected to robberies and assaults. For these reasons, some bus companies offer life insurance to their employees. Footnote AEAS indicated that in 'recent years,' gangs have killed around 1, employees and business owners of bus companies. Many companies and businesses have closed due to extortion. AEAS indicated that, out of the 40 bus companies that existed in the past, only 3 are currently operating and covering the neighbourhoods that other companies abandoned. According to SCIS, business people continue facing extortion and threats even after they closed their businesses. AEAS indicated that hiring bus drivers is 'problematic' because the job is very dangerous. Teachers also face extortion from gangs. Teachers are extorted by, for instance, receiving a phone call from a gang member in the prison to a student, who in turn passes the phone over to the teacher, who is then ordered to do such things as: reload funds onto the student's cellphone plan, give large sums of money for 'emergencies,' or give up his or her cellphone to the student. Gaborit, the homicide rate of children between 16 and 17 years of age is higher than other age groups in the country. The IML report on homicides in indicates that, out of the 6, homicides committed during that year, the highest age groups for minor children were children aged 17 deaths , children aged 16 deaths , and children aged 15 deaths. The highest age groups among adults were people 20 year-olds deaths , and 25 year-olds with deaths. El Faro indicated that gangs use violence as a means of communication. In some cases gangs want a particular killing to appear in news media in order for the public to know about the incident. However, if the target or victim does not have a high profile, the gang would prefer to 'disappear' him or her. Reasons for 'disappearing a person' include: infidelity of a female partner, being a family member of a gang member from an opposite gang, suspicion of being a PNC informant, and not paying extortion. Footnote Elsalvador. According to El Faro , in gang culture, killing a woman does not confer 'status' on the gang member, explaining why almost half of the victims who have been disappeared and subsequently found buried in clandestine graves are women. The same authorities also indicated that disappearances are more committed against males than females. Footnote According to statistics provided by El Faro , before the truce there were around cases of disappearances, but in the number rose to around 1,, in to 2,, and in to 2, The level of violence at schools is serious and gangs intimidate teachers, administrative staff and students. Footnote School principals are ordered by the gangs which students must be admitted to school, and who is not to be admitted. Also, teachers have to consider carefully whether to discipline a student, as they often must consider whether that student is related to a gang member. Teachers are also forced by students with gang connections to hide weapons inside their desks in case of police appearance at the school, and to give the student the grades that he or she demands. Without providing the specific details about perpetrators, the SIMEDUCO gave the following statistics regarding killings of students and teachers: in , 38 students and 9 teachers were killed; in , 75 students and 15 teachers were killed; and from 1 January to 20 April , 20 students and 5 teachers were killed. In October , the US Department of the Treasury designated the Mara Salvatrucha as a 'transnational criminal organization' for its 'criminal activity, in the US and around the world,' including human smuggling, drug trafficking, sex trafficking, extortions, and kidnapping. Footnote However, El Faro gave the view that the gangs' connections are rather limited to aspects such as occasionally providing services as bodyguards for drug lords, storing drugs, and refueling vessels transporting drugs. They are also subcontracted as hired assassins by criminal organizations or individuals. It is comprised of state agencies, local governments, churches, the media, private enterprises, political parties, several civil society organizations and the international community. The Plan is focused on 50 out of municipalities, and some of its actions include promoting employment for young people, increasing the state's presence in municipalities of concern, and expanding security plans for public transportation. Footnote The Vice-Minister of Justice and Public Security indicated that, under this Plan, the government has been providing training, employment opportunities, schooling, and the creation of 'shared spaces for co-existence' in communities across the country. He also indicated that the government has created education, housing, and health committees. The Vice-Minister of Justice and Public Security indicated that the current government offers education, scholarships and employment to young people. However, SIMEDUCO indicated that the presence of authorities in schools puts students and teachers at risk because gangs target them for considering that the school is assisting authorities. Candidates must have between 18 and 28 years of age and a high school diploma, and go through screening that includes a criminal background check, and psychosocial, general culture, medical tests. Recruit training lasts eight months at the ANSP. They receive an additional three months training at the PNC where they receive training in weapons, ethics, human rights, philosophy of the communitarian police, criminology, and the law and the constitution. Without providing further detail, the PDDH gave the view that the quality of the training curriculum is 'good. The Deputy Director of Investigations of the PNC indicated that around non-uniformed officers are employed in the technical area of investigation, which includes collection of evidence, ballistics analysis, dactyloscopy, serology, chemical-physics analysis, and document analysis. In , the system was strengthened with the assistance of the Government of Japan. According to the IGSP, most of the investigations against PNC officers are related to disciplinary aspects such as not reporting for duty, and failing alcohol and drug tests. He also stated that people do not file many complaints against members of the PNC, and that out of those that are investigated, 38 percent end up with sanctions against implicated PNC officers. The IGSP has an office in every department with one employee, except in six departments which has 'more than one employee. Their weapons and vehicles are less powerful than those used by criminal organizations, and these resources are not enough to carry out their mandate. Sources indicated that there are more private security guards than PNC officers. Footnote Dr. Gaborit indicated that there are many security firms whose hiring criteria are very lax and guards are poorly trained for 'high stress situations. Footnote The ANSP training course also includes information about police labour rights, human rights issues, and mental health. During the mission, there were reports of arbitrary detentions. El Faro indicated that the PNC routinely detains young people for 48 to 72 hours under the suspicion of being a gang member. El Faro gave the view that, to authorities, the mere fact of being a young person is suspicion enough to consider him or her a gang member. El Faro also provided the example of a young boy who was detained during a police raid in the neighbourhood and mistakenly detained. He has been in the prison for over two years without trial. FESPAD also indicated that authorities detain innocent people under the suspicion of being a gang member. IUDOP indicated that the PNC not only abuses gang members but also innocent members of communities that police perceive as connected to the gangs; they break down doors, beat people, and detain people, who are later set free due to lack of crime-related evidence. IUDOP gave the view that this has caused 'indignation inside communities which translates into more support and legitimacy for the gangs. The IGSP indicated that his office does not receive 'many' complaints against police officers for allegations of torture and that, as far as his office has investigated, there are no reports on extrajudicial executions committed by members of the PNC. The US Country Reports on Human Rights Practices for for El Salvador indicates, however, that local media has 'reported on several allegations of extrajudicial killings that suggested police involvement. The PDDH explained that most of the complaints relate to weak police procedures such as contamination of evidence, excessive use of force, and violations of human rights. The PDDH further indicated that in , that office received complaints of the enforced disappearance of five persons by state security forces. The Vice-Minister of Justice and Public Security gave examples of actions that have been taken to counteract activity by gangs and criminal organizations. In penitentiaries, gang leaders have been 'rotated' and isolated to prevent communication with connections outside the prisons and to prevent committing and coordinating crimes from inside the prisons. Their access to legal assistance is 'virtual' and trials are done through videoconference. Also, there are more joint operations between the PNC and military forces to lower homicides, extortions and other crimes. The overcrowding of women's prisons, which was at percent of prison capacity, has been reduced by creating prison farms for convicted women with children, with programs that include sewing and education for their children. Sources indicated that the justice system is inefficient, with high levels of impunity. Footnote The PDDH also indicated that the justice system is weak and investigations are not comprehensive. Footnote Despite the rise in homicides and crimes, resources to investigate all complaints and crimes continues to be limited. Sources indicated that there have been accusations of judges and lawyers being bribed, Footnote and that some prosecutors and judges are co-opted by gangs. The PDDH indicated that around 5 to 7 percent of complaints lodged with authorities lead to sentences. Foundation Cristosal indicated that, in the last five years, authorities received around , complaints. Of the 40, that went to trial, a verdict was reached in 6, cases, and in 2, of these cases, a sentence was reached. Footnote The FGR annual report indicates that, out of the complaints lodged with authorities between June and May , 94, cases were opened by prosecutors involving , accused persons. Footnote During the same period, the justice system put 42, cases to trial, involving 65, accused persons, of which 8, were convicted and 2, were acquitted. Footnote FESPAD also indicated that some judges who have been threatened by gangs avoid them and leave these cases to be put to trial by a substitute judge. Sources indicated that people prefer not to file complaints with authorities due to either fear of reprisals or retaliation, Footnote or due to lack of confidence in public institutions receiving complaints. Other sources stated that if someone files a complaint against a gang or gang member, the person will likely face reprisals as gangs have infiltrated many state institutions, including the PNC. Footnote AEAS indicated that gangs also blackmail and threaten police officers into passing them information. Sources also indicated that gangs surveil police stations through cameras clandestinely posted in trees located at the front of these stations in order to monitor people going into the police station. For this reason, many people also decide not to file complaints with the police. Footnote Sources indicate that people who file complaints with authorities are stigmatized in their communities and are considered 'traitors' Footnote or are killed. Investigations into extortion are also deficient. AEAS indicated that police officers often tell victims of extortion that 'it is better to pay the extortion than to be killed. A high percentage of teachers are extorted, however many do not file complaints for fear of reprisals from the gangs. There were accounts that officials from the Ministry of Education tell teachers that 'it is better to get along with gang members and pay extortion to avoid being killed. Gaborit, the majority of homicides are not investigated, nor go to trial, and of those that do go to trial, only a minority reach a verdict. The CSJ-SP similarly indicated that when authorities consider that a crime was committed by a gang, it 'seems to be an informal practice that it should not be investigated. The Salvadoran Red Cross indicated that authorities are not diligent in the investigation of a crime because they are overwhelmed and lack adequate resources to respond. According to the interlocutor, 'it is quite unusual for a complaint to be fully investigated. Four police officers conducted the interview 'in an environment \[the complainant\] considered unwelcoming' and when she later went to the PNC to inquire about the progress of the complaint, the police officers, annoyed with her visits, asked her, 'why are you still looking for her; she is already dead. Working conditions of judicial workers in El Salvador are poor. Sources indicated that court officers responsible for delivering court summonses or notices to appear have been beaten and robbed in communities controlled by gangs. There are also cases were gangs prevent court officers from entering gang-controlled territory in which court officers have to pay a gang member in order to deliver the summons. Footnote According to the CSJ-SP, the court officer must seek permission or assistance from community centres in order to enter some neighbourhoods. CONASOJ indicated that due to this problem, around 26 percent of summonses cannot be delivered in person to the summoned party. When a summons must be delivered to a person living in an area where the court officer cannot enter, the courthouse uses other methods of delivery, including telephone calls, emails, or displaying public posters outside the city hall, containing the names of persons who have been issued summonses. Around 6 percent of cases are closed due to the inability to deliver a summons. Coroners work up to 48 hours per week and when working until late at night, they must stay overnight at the IML, as it would be too dangerous to travel to their neighborhood at that time. Gangs also threaten psychologists, social workers, educators, and probation officers when they enter gang-controlled communities. Footnote According to the PDDH, there are no program to assist witnesses once they leave the program. In order to access the program, the person has to be referred by the FGR. Footnote The Vice-Minister of Justice and Public Security indicated that the due to lack of resources, protection is only offered during trial. The Vice-Minister of Justice and Public Security indicated, and without providing further details, that, in some cases, the UTE facilitates exit from the country, but the economic resources to fund these initiatives are limited. Sources interviewed by the mission indicated that the program has many deficiencies. According to the Salvadoran Red Cross, the program does not guarantee the lives of witnesses. Sources indicated that some witnesses and victims of crime who were in the witness protection program continue receiving threats, Footnote and that some witnesses who are currently receiving protection have been the target of threats and attacks. Footnote There are many cases of protected witnesses that have been killed. Footnote Some of the protected witnesses are relocated to 'safe houses' casas de seguridad or casas seguras where there have been cases of abuse by guards. Footnote Government officials are not eligible to access any protection program, and their spouses and children are threatened. Internal forced displacement is a growing problem. Footnote Sources stated that internal forced displacement is not recognized by the state. Footnote According to APES, this phenomenon is only noticed when there is a large group of people being displaced, but not at the individual level. A report produced by the Internal Displacement Monitoring Centre IDMC indicates that, as of the end of , there were , people internally displaced in the country. Footnote , Footnote However, in contrast, according to Dr. Gaborit, internal displacement is a phenomenon that has not been studied in depth and its dimension is unknown. He also gave the opinion that internal displacement has been overstated and 'it certainly does not amount to more than , people as some studies indicate. Internal displacement is due mainly to gangs. Footnote It is also caused by actions of the PNC and the army. Footnote Sources indicated that displacement is kept 'secret' by victims as they want to avoid being re-victimized. Footnote Even though some churches provide shelter to internally displaced people, the situation was characterized by those affected as that of 'confinement,' as displaced people are responsible for their own protection and must not leave the church, in order to avoid detection by the agents of persecution. Some persons who are deported back to El Salvador face displacement upon their return to the country. Without providing further details, the PDDH indicated that young people who are deported back to El Salvador are at risk of being re-victimized. Foundation Cristosal indicated that upon their arrival to communities, they start to be questioned by the gangs. Gaborit indicated that many deportees enter in a situation of displacement, moving 'two or three times just to get enough money to leave the country again. Internal relocation is 'difficult' in El Salvador due to the close-knit nature of its communities where everybody knows one another. Sources indicated that when a person moves from one community to another, he or she is investigated by the gang in the new location. Footnote When a person moves from a community dominated by one gang into a community dominated by the same gang, the clique in the new place will collect information about that person to cross-reference it with the clique that operates in the place of origin. Footnote Also, when the person moves to a territory controlled by another gang, he or she could be killed. Footnote According to Foundation Cristosal, this is a mechanism communities have to 'protect themselves from strangers. Gaborit explained that gangs have a sophisticated communications network, with a comprehensive network for spying and sharing information. Footnote Sources indicated that gangs collect information in different ways, such as through their legal businesses, stores and car wash spots within the neighbourhood. Footnote They also infiltrate companies, call centres, and supermarkets. Footnote Gangs have the capability to find out, within a short time, where a displaced person has moved. Footnote According to the IGSP, internal relocation for victims and witnesses of crime is possible in El Salvador, but added that if the party in pursuit is committed to find the victim, it is 'very probable that the person will be found. The Salvadoran Red Cross explained that the organization offers psychological assistance to victims of crime as state institutions are lacking in this respect. They also offer legal assistance. However, it is difficult to follow up with displaced people as they are threatened or have to move. Some state institutions offer legal services and psychological assistance but only during the 'crisis' period and do not follow up on cases. From to February , the Red Cross provided assistance to crime victims. School-age children from families who have been displaced do not go to school as gangs either control, do surveillance or are present in many of them, and reportedly collect information about new students. Footnote In many cases, parents prefer to keep their children inside their homes at all times to avoid being re-victimized. Footnote Access to health care is also difficult for displaced people due to the mobility problems moving from one neighbourhood to another. Sources indicated that there are employers and entrepreneurs who have policies not to hire people who come from troubled communities. Aguilar Villamariona, Jeannette. Associated Press AP. Bryan Avelar. El Salvador. Memoria de labores Consejo Nacional de Seguridad Ciudadana y Convivencia. Plan El Salvador Seguro, Resumen ejecutivo. Raymundo Solano. Foreign Policy. Douglas Farah. Year 3, Vol. Hume, Mo. InSight Crime. Mimi Yaboub. Elyssa Pachico. February Provided to the Research Directorate during the meeting with Dr. Gustavo Arias R. Israel Serrano. La Prensa. Edwin Segura. Ricardo Flores. Jessel Santos. Year 5, Vol. United Nations UN. Intentional Homicide, Counts and Rates per , Population. United States US. Department of State. Department of the Treasury. Wilkinson, Michael. X, No. This form is to be used only to report technical issues or errors encountered on our website. As submissions are anonymous , the IRB will not respond. You will not receive a reply. For enquiries, contact us. Issue Paper Page Content. El Salvador: Information Gathering Mission Report - Part 1 Gangs in El Salvador and the Situation of Witnesses of Crime and Corruption September Research Directorate, Immigration and Refugee Board of Canada, Ottawa All the sources of information contained in this document are identified and are publicly available This Paper was prepared by the Research Directorate of the Immigration and Refugee Board of Canada based on approved notes from meetings with oral sources, publicly available information, analysis and comment. Table of Contents Map Glossary 1. Introduction 2. Methodology 3. Overview 3. Gangs 4. Legal Apparatus and Institutional Efficacy 5. Internal Displacement 6. Introduction In , Canada and the United States began working together to identify opportunities to establish new modes of cooperation in the areas of asylum and immigration; this collaboration is known as the Asylum Cooperation Action Plan ACAP. Methodology The mission consisted of a series of meetings with experts and officials from relevant governmental, non-governmental, academic, and research-focused organizations. Overview El Salvador has an estimated population of 6,, people and a land area of approximately 20, square kilometers; approximately the size of New Jersey. Footnote 3 In the s, the US undertook large scale deportations of non-US citizens of Central American origin back to their countries of origin, Footnote 4 after serving time in jail. Footnote 11 In , the Salvadoran government instituted mano dura heavy handed and super mano dura super heavy handed policies to deal with the rising violence committed by gangs Footnote 12 by adopting measures that included immediate imprisonment for certain appearances and behaviours, such as having a tattoo, Footnote 13 apparel and mode of dressing, hair cut style, and being in groups. Footnote 25 According to El Faro , the security problems due to gangs in El Salvador are 'very complex. Footnote 40 Sources indicate that despite the lowering of homicides during the truce, the number of extortions, threats, Footnote 41 and disappearances Footnote 42 increased. Gangs El Faro indicated that gangs are the natural expression of the absence of the state. Footnote 46 4. Footnote 60 The gang leaders in the community also intervene to settle conflicts among residents in the neighbourhood. Footnote 66 4. Footnote 67 Gangs are described by interlocutors as very sophisticated structures Footnote Footnote 72 Diagram: Gangs' structure Footnote 73 \[Alternate format\] The image illustrates a two-part graph depicting the gangs structure for Mara Salvatrucha and Barrio The support structure is a pyramid shape, showing Sympathizers at the base, Collaborators in the middle and Gang Members at the top. Branching out from the Gang Members is the internal structure. For Barrio 18, the Cancha are at the bottom, the Tribu in middle and the Ranfla at the top. Report a problem or mistake on this page. Please select all that apply: Something is broken. It has a spelling or grammar mistake. Please leave these next two fields empty. Thank you for your help! Date modified:

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