Choosing between justice and freedom
Several years ago I lost a pregnancy聽at about 13 weeks. I've thought聽about that day over the years for聽all the obvious, sad reasons. But also because of one big "what if": I had initially聽planned to be in El Salvador on a聽reporting trip that week.聽Scores of women have been聽imprisoned following miscarriages in El Salvador, accused聽of murder under the country's聽strict abortion laws. What would聽I have done if my trip dates聽hadn't changed? Would I have聽been able to find a compassionate doctor?聽
Fleeing the country, which is聽likely what I would have done,聽isn't a privilege most Salvadoran women聽have. Certainly, it hadn't been on offer for聽the women defended by Dennis Mu帽oz,聽the human rights lawyer profiled in聽the cover story of the Oct. 23 print edition. Mr. Mu帽oz has dedicated his career to fighting for lost causes聽鈥� the cases hardest and often riskiest to聽defend in El Salvador, whether due to聽draconian laws or the social or economic聽standing of his clients.聽El Salvador鈥檚 story of injustice goes聽far beyond reproductive rights聽鈥� and Mr. Mu帽oz鈥檚 work underscores that. He told freelance聽reporter Nelson Rauda Zablah聽that it feels increasingly like the聽justice system is designed "to聽convict."
For more than a year and a聽half, El Salvador has been under聽a so-called state of exception. The聽rule suspends the constitutional聽rights of anyone arrested, going聽beyond the gang-related cases it聽is meant to apply to.聽But homicide rates have fallen in what聽was considered, not so long ago, the聽deadliest country in the world. And many聽Salvadorans are relieved. There鈥檚 a new聽sense of freedom, in which people can聽visit family across town, attend school,聽or run a small business without the risk聽of extortion or violence at the hands聽of powerful criminal groups. But now聽there鈥檚 the risk of arrest, which the state聽of exception says can take place without聽an explanation from the police.
In theory, one shouldn鈥檛 have to聽choose between justice and freedom, but聽that's an increasingly common point of聽tension in Latin America today. Initiatives to crack down on climbing levels of聽crime and violence frequently clash with聽the protection of citizen rights.聽Mr. Mu帽oz's clients, such as a woman聽he defended who was pardoned following a miscarriage, praise his relentless聽approach to fighting for the protection聽of human rights. I can see the short-term聽appeal of giving up some rights in return聽for more freedom, but not everyone has a聽Mr. Mu帽oz to defend them.
