Since the time of the civil war, which bled dry Salvadorian society between 1979 and 1992, the Central American country has no longer been the focus of the media and political scientists.
This expectation has arisen over the past few months, in which the derogation has been approved. This strategy was conceived by President Nayib Bukele to root out gang organizations – led by the Mara Salvatrucha – that have created a burdensome balance of violence and insecurity for civilians.
Among the measures taken by the Bukele government to reverse this situation of insecurity is the design of the Terrorism Containment Center (Cecot), the fate and performance of which have not been without controversy in the various sectors of public opinion.
After the passage of the special law for the construction of prisons – supported by the majority of the Congress in Bukelo – the Cecot project was promoted, the execution of which was entrusted to the Ministry of Public Works. Located in the rural region of Tecoluca – 75 kilometers from the Salvadoran capital – the prison has a capacity of approximately 40,000 inmates. The Correctional Center occupies 166 hectares, making it the largest of its kind in the hemisphere.
The principle of maximum security in modern prisons violates the individual guarantees of inmates. Photo: AFP
The desire to eradicate social violence and strengthen ties had been a leitmotif of recent Salvadorian governments. The Supreme Court had already labeled the gangs “terrorists” in 2015 as part of a crusade by the Department of Public Safety to try to reverse the persistent rate of homicides and kidnappings.
After Bukele’s inauguration, a criminal and procedural code was passed, handing prison sentences of more than 20 years to those accused of having any connection with the Central American gangs.
The aftermath of the arrests caused by the emergency regime – more than 60,000 were counted as of March 2022 – caused Tom Thumb’s prison population in America to skyrocket. Since the state of emergency, the Central American nation’s homicide rate has fallen significantly — 57 percent from a year earlier — in what was reported as a resounding victory for the Bukele government. However, physical abuse, violations of due process and deaths under precautionary arrest were reported during the arrest of the alleged gang members.
Known regionally for its spatial and architectural dimensions, the Cecot is equipped with the infrastructure to put into practice the well-known “monitor and punish” formula. Concrete-lined walls, security cameras, body scanners, guard towers, punishment cells, electrified perimeter barriers, and assault rifles are the items at the disposal of the hundreds of police officers and members of the armed forces who are employed at this compound.
The lack of recreation rooms, libraries, conference rooms, and visiting pavilions for family, marital, and judicial purposes is striking, even in prisons. The only permitted outside contact for inmates is through video conferencing with their lawyers.
The surveillance systems of the mega prison Tecoluca allow permanent surveillance of the prison inmates. Photo: AP
The punitive conception with which the Tecoluca mega-prison was conceived is notoriously detrimental to the benevolent current of criminal law that emerged in the mid-18th century. In the period before the Enlightenment, lawyers such as the Italian Cesare Beccaria and the British John Howard campaigned for the humanization of prisons and the social reintegration of the accused.
These philosophical concepts have been largely incorporated into the United Nations Rules for the Treatment of Prisoners — the guidelines of which are also known as the Nelson Mandela Rules — which set practical and moral standards for prison administration.
It is likely that El Salvador’s Minister of Public Works, Romero Rodríguez, and Deputy Minister of Justice and Penal Institutions, Osiris Luna, failed to consider the relevance of the Mandela Rules when planning the Cecot.
Had this suggestion of the United Nations Office on Drugs and Crime been taken up, the human rights abuses denounced by most of the media during the state of emergency would not have been reported.
Regardless of the legal, geographic and socio-economic conditions of each country, there are basic principles that every penal system must guarantee: respect for dignity; the safety of inmates and prison staff; the provision of judicial and sanitary services; attention to the special needs of inmates in vulnerable situations; Job opportunities, education and vocational training.
Although the punitive nature of criminal proceedings is not exclusive to the Salvadorian nation, it would be necessary to question how much would have been invested in education and health infrastructure with the cost of building and maintaining the Cecot.
From the moment governments prioritize social investment at the appropriate levels, these peoples will be able to move towards sustainable development and civil peace.
Although crime rates have fallen in El Salvador, there are concerns about police procedures. Photo: Amnesty International