Exonerated Environmental Defenders in El Salvador: Facing a New Murder Retrial – What You Need to Know

Five Salvadoran environmental defenders are back in court this week for a retrial. They were previously found not guilty of false civil war charges related to a murder from 1989. The court ruled in their favor, stating the state had no solid proof against them.

The defendants—Miguel Ángel Gámez, Alejandro Laínez García, Pedro Antonio Rivas Laínez, Antonio Pacheco, and Saúl Agustín Rivas Ortega—are known for their efforts in a 13-year campaign to ban metal mining in El Salvador. They were arrested in January 2023, shortly after concerns rose that President Nayib Bukele’s government might overturn the 2017 mining ban.

All five men are over 60 years old and have chronic health issues. They endured nearly two years of legal struggles, including nine months in overcrowded prisons. Their moment of relief was brief; in December, the Attorney General, a close ally of President Bukele, appealed their acquittal, leading to a retrial on charges of murder and illicit association.

This retrial starts on February 3. Interestingly, the state cannot bring new evidence or witnesses, but the court has moved the trial to San Vicente. This location change raises concerns given that the local judge was appointed during Bukele’s first term.

Recently, the mining ban that these activists fought for was overturned. A majority of Bukele’s political allies voted to lift it, even though a recent poll showed that around 61% of Salvadorans oppose a return to mining.

In response, hundreds of organizations, including human rights and environmental groups, sent a letter urging Bukele to drop the charges against these activists and restore the mining ban. Pedro Cabezas from the Central American Alliance Against Mining said the government’s actions confirm their fears that these prosecutions were politically motivated.

The mining ban, initially passed unanimously in 2017, was meant to address growing concerns over the country’s water resources, which are dwindling rapidly.

Bukele’s interest in mining fits into a larger plan to attract international investments in various sectors, including bitcoin and tourism. Critics believe these moves could lead to more social conflicts, economic inequality, and environmental issues.

Since Bukele took office in 2019, his government has faced criticism for authoritarian tactics against gangs and political opponents. According to Human Rights Watch, this includes replacing independent judges and officials with his allies.

Mary Lawlor, the UN’s special rapporteur on human rights defenders, highlighted that these charges seem to be retaliation for the activists’ efforts to protect human rights and the environment. She stressed the importance of upholding the right to protest, particularly with the government’s renewed push for mining.

These five activists are among over 70,000 people detained under Bucela’s emergency measures following an increase in gang violence in 2022.

As Caren Weisbart from Common Frontiers pointed out, ignoring scientific evidence and civil opposition is a dangerous path. The new mining law could undermine El Salvador’s commitment to environmental protection.

Check out this related article: Budget 2025: Why Environmental Priorities Are Taking a Backseat to Energy Security and Development Initiatives