The first Person convicted
from the 25 arrests on Espíritu Santo Island on October 25, 2023
A 17-year-old
young man
15 months already
in prison
Sentence: 10 years
in prison for allegedly providing food to gang members in the mangroves and opening
three Twitter and TikTok images on his phone.
With ZERO hard
evidence
Edwin Samuel Hernández Cali was
arrested on July 3, 2022, on the Isla Espíritu Santo (Holy Spirit Island) by
four soldiers, with no presence of National Civilian Police agents. Another
five men from the island were also arrested the same night. According to
several witnesses, all of them were at their homes with their families. The
next morning, July 4, they were transferred to the police station located on
the mainland in Puerto El Triunfo (Port Triumph). There a police agent signed the
legal document of their arrests with the accusation of illicit associations.
The Isla Espíritu Santo is an
island in Puerto El Triunfo with no criminal groups. The Jobal Cooperative had set
up a private security post at the entrance of the island to keep a record of
visitors who enter the island and to prevent gangs from entering. In addition,
the locals requested a police post to prevent the entry of criminal groups
after the war.
According to family members and
friends who were present at the time of the arrests on the night of July 3, the
soldiers from Puerto El Triunfo Naval Base arrested six men from the island,
including the young Cali, between 7:00 p.m. and 9:30 p.m. Only one of those
arrested was not at home, so the soldiers threatened the family and said they
would arrest the father or brother (whom the soldier beat up in front of the
family) if they did not turn him in. The young man was out with a friend. At
8:00 p.m. when he arrived home, he decided to go to the authorities to ask why
they were looking for him. There were no police officers present (which
makes the arrests illegal) in any of the arrests that night. All the men
arrested were held in the police post on the Island overnight—a post which has been
taken over by the armed forces since the suspension of constitutional rights in
El Salvador. The soldiers transferred the men to the police station in Puerto El
Triunfo at 5:00 a.m. the following day.
First lie: The soldier who arrested Cali and the other
five men the night of July 3, 2022—and was a witness against Cali in his trial—expressed
that he saw the six men together at a 100-meters distance at a soccer field that
evening, and that all of them ran away as they noticed his presence. Nobody on
the island has corroborated this version. On the contrary, all the testimonies
from witnesses recount that none of the six men were together, and that the
soldiers arrived to their homes at approximately 7:00 p.m., 7:30 p.m., 8:00
p.m., 8:30 p.m., and the last one at 9:30 p.m.
Second lie: The same soldier states that he had seen the
six men taking food to gang members in the mangroves during a previous military
operation of the armed forces. However, there are no photographs, not even one
arrest in the military operation where they allegedly found gangs and six men
taking food, nor any evidence of these events.
And I insist on the question: Why
have they not arrested any gang members in the mangroves if the soldiers saw
them there during their military operation? And why did they not make any arrests
on that day if the men allegedly took food to the gangs? Why are they charging
22 men in the island with providing food for the 18th Street/Southerners gang
in the mangroves with no photographs, arrests, or evidence of the food? And, if
indeed anyone collaborated in this way, wasn’t it under the threat of death—as is
the modus operandi of the gangs? Should victims of the gangs be considered
criminals—and therefore victims of the government as well?
Arrest based on hearsay. The
police agent who signed the arrest report the next day in Puerto El Triunfo
says that he signed the document because neighbors of the area reported that
the six men provided food for the gangs in the mangroves.
Third lie: The soldier says that he confiscated Cali’s
phone. However, the police officer who
signed the arrest the next day says he himself confiscated the young man’s
phone and took it from his pants pocket. One of the two is lying.
Fourth lie: The soldier says that there are criminal
structures on the island. Where are they? Why are they accusing all six men of
giving criminals food and not being gang members? Why did none of those arrested
flee if they’re gang members, and why were all of them arrested at their homes
without putting up resistance?
Another witness from the prosecution
was the technology forensic expert who, despite the thousands of photographs
and images contained in Cali's cell phone, relied on only three of them to
accuse him of being a sympathizer of the Mara Salvatrucha gang (MS-13). First
of all, the soldier who had arrested Cali accused him of being a collaborator with
the 18-S gang. Second, the forensic expert's report shows that the three photographs
he cited as evidence were downloaded from Twitter, Tik Tok, and another social
media source—i.e., they were not photographs taken by Cali, which is
proven through the meta data. Nevertheless, the expert expressed that
the last of the three photographs showing a young man in a corner with the
caption of being a gang lookout was taken from Cali's cell phone, and therefore
blamed him for being a gang sympathizer on that basis—even though the written
report and meta data reflected the contrary.
The judge had no technical background
to be able to interpret the origin of the photographs, and the expert was not
impartial in his statement, nor was there coherence between his written report
and oral testimony. Nevertheless, the
judge said that the three images and the soldier's testimony were evidence to
convict the young man and sentenced him to ten years in prison. It is not clear
what crime he is being punished for, since he is accused of: providing food for the 18-S gang in the
mangroves and/or of being a sympathizer of the MS-13 for opening an image
alluding to the gang. Everyone knows you cannot sympathize with two gangs, or
you will be killed by one or the other.
On the morning of July 4th, as
the six men arrested were being taken to Puerto El Triunfo in a boat, the same
soldier told young Cali that they did not kill him because they were not allowed
to, but that they would make him rot in prison.
Therefore, the families of the
six arrested on July 3, 2022, ask for TRUTH, JUSTICE, AND FREEDOM for all the innocents.
We will appeal the decision based on the inconsistencies and lack of hard
evidence. We also ask that hard evidence of the alleged crimes committed by
those arrested on Isla El Espiritu Santo be presented. And if there exists
evidence of a crime, then the weight of the law should fall on them—but if not,
they should not be paying for a crime they did not commit.
San Salvador,
October 30, 2023
Center for
Exchange and Solidarity (CIS)
Legal and
Humanitarian Aid (SJH)
and families from
the Isla Espíritu Santo