Hora Cero
junio 16, 2025
«It is ordered that all arrest warrants against all the accused be lifted.» This sentence caused a deep breath to be heard in Vanessa Laínez, daughter of Alejandro Laínez, one of the leaders of the Santa Marta community, accused along with eight others of murder, deprivation of liberty, and illicit association for an act committed during the armed conflict.
“We’ve been fighting for more than two years. It hasn’t been easy as a family to go through this whole process, especially now that my colleagues have decided to withdraw. There are many mixed feelings, but I’m very happy with this result,” she said, sobbing and cheering at the back of the Santa Marta community outside the courthouse, awaiting the outcome.
The San Vicente Trial Court issued a mixed decision to acquit the defendants in this case, including the five Santa Marta leaders. A mixed decision means that, of the three judges, one disagreed with the majority’s decision and reasoned his vote when issuing the sentence.
The judges explained, first, that the crime of deprivation of liberty would not be added, as requested by the Prosecutor’s Office, since there is insufficient evidence to issue a verdict on that crime. «Acknowledging these facts independently distorts the prosecution’s accusation, since it is part of the crime of murder and turns it into aggravated homicide,» explained one of the judges.
The prosecution hypothesized that the defendants deprived the victim, María Inés Alvarenga, of her liberty on August 22, 1989, then transported her to the «El Guayabal» ranch, a guerrilla camp of the National Resistance, in the Santa Marta canton of Cabañas, and murdered her 15 days later. The judges explained that they found contradictions in the evidence that the prosecution sought to prove this hypothesis.
First, a report was presented by the now-defunct Fund for the Disabled and Handicapped as a Result of the Armed Conflict (FOPROLYD), which indicates that the victim’s death occurred in 1987, two years before the alleged date of the events. Furthermore, the witness presented by the prosecution, codenamed «Soriano,» stated that the death occurred in September, not August, as certified by the death certificate submitted by the victim’s family.
“This death certificate was issued in 1996, 7 years after the victim’s death. Two witnesses testified, and the certificate states that «She died on August 22, 1989, in the Santa Marta canton. They recognized her because they had seen her already dead. They took her from her home, and she died from a gunshot wound. The second witness claims that she died from a firearm in the center of the Santa Marta canton. What does this mean? That the family was aware of this person’s death and that she did not die in the manner that ‘Soriano’ stated,» the judge explained.
He also emphasized that at least eight exhumations were carried out at the El Guayabal Hacienda, but all of them yielded negative results. «It was the Prosecutor’s Office’s obligation to corroborate the events surrounding ‘Soriano,’ but it wasn’t possible to do so,» he said.
They stated that these inconsistencies raised doubts that they believe cannot be resolved. Therefore, they acquitted all the defendants of criminal charges. However, Antonio Pacheco, Miguel Ángel Gamez, Pedro Antonio Rivas Laínez, and Arturo Ascencio received civil sentences.
This means that these four will have to pay damages to the victim’s family. The amount will be determined by their families, if they so wish.
In addition, restorative measures were ordered for the victim’s children, including psychological treatment under the supervision of ISDEMU, and the return of all seized items. The final judgment will be delivered to the parties on October 8, at which time the Prosecutor’s Office may appeal this decision.
One of the precedents set in this ruling was the unanimous acquittal of the criminal and civil charges of unlawful association. The Court also found the evidence insufficient.
«We cannot say that forming an organization belonging to the FMLN, such as the National Resistance, with a defined structure, is considered an illicit association. These groups come together to commit, regardless of that, a crime like this murder. These were recognized radical groups in circumstances where they opposed structural policies of El Salvador’s political system. If that were the case, all members of those groups would have to be persecuted, and that cannot be; we cannot open that key for that to happen.«, said the judge.
This decision comes in a context where several former FMLN combatants are accused or detained in different proceedings. The Committee of Relatives of Politically Imprisoned and Persecuted Persons of El Salvador (COFAPPES) has recorded 90 cases of political prisoners and persecuted persons in the last 5 years. In 2025 alone, it reported 28.
Among the cases are eleven former combatants and veterans of the National Alliance for El Salvador in Peace, captured on the night of May 30, 2024, accused of planning attacks on the day of Nayib Bukele’s inauguration for his second term. Of these, Atilio Montalvo recently received alternative measures to detention due to his health condition.
Like them, other former FMLN combatants, including the five leaders from Santa Marta, have been charged with various crimes. Social organizations and the international community point to a narrative that criminalizes opposition groups, protests, and denunciations.
«Let them stop consuming state resources to finance this farce.»
To the sound of slogans such as «Yes, we could!» and «Yes to life, no to mining!», the Santa Marta community and social organizations, awaiting the results outside the Judicial Center, celebrated the freedom and innocence of those who have fought alongside them to defend their territories and the environment.\«This is what we’ve been waiting for for more than two years,» said Alfredo Laínez, a community representative. He also strongly urged the Attorney General’s Office to respect the ruling and not appeal it.
«Let him respect this decision. Let him stop consuming state resources to finance this farce,» he declared.
Vanessa spoke to the media covering the event, thanking them, along with the international community and the organizations that have followed the case. «You have stood by us every time we have come to this place. I am very moved,» said the family member.
Both Vanessa and the organizations present expressed that, while this ruling has been a victory for them, they affirm that El Salvador, right now, does not have the security conditions for the Santa Marta Five to «return home,» although they stated that «it will be their decision.»
After being acquitted the first time, the five decided to fail to appear at new hearings scheduled for this year, because that would mean “validating a farce of a justice system co-opted by the current regime,” while stating that their only crime has been “opposing pollution and environmental destruction.”
