Dokument #1030324
IRB – Immigration and Refugee Board of Canada (Autor)
Please consult Responses SLV16857.F of 23
March 1994, SLV18887.E of 28 November 1994, SLV18955.E of 21
November 1994 and SLV25693.E of 13 February 1997 which provide
information that adds to that included in SLV18257.E. Although the
focus of some of these Responses is domestic violence, they contain
information on legal recourse and response to cases of violence
against women in general.
In addition to these, the most recent
edition of Country Reports provides statements on the
viability of legal recourse through public legal aid, prosecutors
and courts for criminal cases, including the circumstances in which
these may prove more or less effective. Country Reports
1997 also provides information on rape and violence against
women (see sections on "Denial of Fair Public Trial" and on
"Discrimination Based on Race, Sex, Religion, Disability, Language,
or Social Status: Women").
Although without specific references to
female victims, various sources report an increase in cases of
kidnapping and growing disappointment in the population with the
performance of police and judicial authorities towards this and
other forms of crime.
For example, recent civilian demonstrations
in El Salvador demanded effective action against crime by the
authorities and the modification of the Penal and Penal Procedures
codes to prevent the release of criminals (El Faro 31 Oct.
1998; El Diario de Hoy 9 Oct. 1998). As a result of public
pressure, the National Civilian Police will reportedly be engaging
in neighbourhood watch and witness reward programs that will seek
greater citizen involvement in the fight against crime (ibid.).
A United States criminologist studying the
current crime wave in El Salvador reportedly concluded that
official statistics on crime in El Salvador are not reliable, since
many people do not trust the police or the effectiveness of the
existing law, and do not report crimes (CoLatino 15 Dec.
1998). The criminologist expressed concern over an apparent
distance or antagonism between the police and the population at
large, with local police authorities blaming the population for
exaggerating the situation and community leaders blaming police for
negligence, with the population claiming that there was a wave of
kidnappings while local police authorities denied it (ibid.).
The most recent case of questionable
performance of authorities before cases of kidnapping is reported
by various Salvadorean dailies on 15 December 1998, describing how
a group of alleged kidnappers was released the previous day on a
technicality. In the face of a court's dismissal of charges against
15 persons charged with a series of abductions, even the Interior
Minister expressed disapproval of courts that cite minor procedural
faults such as the absence of an adequately-filled form to release
criminals against whom there is sufficient evidence
(CoLatino 15 Dec. 1998). The minister stated that such
actions by courts could promote kidnapping (ibid.). Earlier in the
year, the National Association of Private Enterprises (ANEP) had
presented President Calderon Sol with a number of proposals for
reforming the cited codes and thus prevent the release of criminals
on technicalities before they are sentenced or tried (El
Faro 24 Oct. 1998).
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
CoLatino [San Salvador]. 15
December 1998. "Estadisticas de PNC no pueden ser confiables:
experto en criminologia" and "Resolucion en caso secuestros
sorprende a funcionarios." [Internet] http://www.colatino.com/naciona2.html
[Accessed 15 Dec. 1998]
El Diario de Hoy [San Salvador,
in Spanish]. 9 October 1998. Jaime Garcia. "Business and Citizens
Unite Against Crime." (Central America NewsPak [Austin,
Tex.] 28 Sept.-4 Oct. 1998)
El Faro [San Salvador]. 31
October 1998. "Movimiento civico contra la delincuencia realizo
jornada de protesta." [Internet] http://www.elfaro.net/311098res1.htm
[Accessed 15 Dec. 1998]
_____. 24 October 1998. "ANEP propone
reformar codigos penales." [Internet] http://
www.elfaro.net/241098res2 [Accessed 15 Dec. 1998]
Country Report on Human Rights
Practices for 1997. "El Salvador." Washington, DC: Bureau of
Democracy, Human Rights, and Labor. [Internet] http://www.state.
gov/www/global/human_rights/ 1997_hrp_report/elsalvad.html
[Accessed 14 Dec. 1998]