Hora Cero
junio 16, 2025
“Our case is politicized. No crime was committed. “ All we have done is defend the land, defend life, defend the impoverished people of this country, but here we remain.” These were the words of Alejandro Henríquez, a lawyer, environmentalist, and community advocate, who the justice system is keeping in prison along with José Ángel Pérez, a pastor and community leader, for the alleged crimes of public disorder and aggressive resistance to arrest.
Both, along with more than 150 people, participated in a peaceful protest outside the Los Sueños residential complex, home to Nayib Bukele and his family, on May 12 of this year, to ask the president to stop the eviction of more than 300 families living within the El Bosque Cooperative. That day, instead of receiving support from the government, they were subjected to aggression, pushing, and arrests by security forces.
Alejandro and José Ángel faced a hearing on October 29th to review their pretrial detention. The defense argued that the conditions justifying their provisional detention had changed and that all the evidence presented at the beginning of the proceedings had been updated. Despite these efforts, the Second Court of Instruction of Santa Tecla denied the defense’s request and upheld the provisional detention.
“This sets a disastrous precedent for the upholding of fundamental rights in the country and for the way the judicial system functions. We cannot help but express our profound sadness and disappointment,” said Oswaldo Feusier, one of the defense attorneys. He explained that the judge ruled that the presented evidence of ties to the community was still insufficient, despite having submitted multiple of such documents.
The judge used this same argument during the first hearing for the presentation of prosecutorial requests, where she discredited the findings. The court considered the strong ties of both men, including Alejandro’s more than twelve work references, references from national and international institutions, and academic degrees, as well as José Ángel’s family and church connections. At that time, Feusier stated that the judge «didn’t even look at us» during the hearing.
Furthermore, they reported that the Prosecutor’s Office has not carried out any of the investigative steps requested by the defense. Luis Rivera, the defense attorney, stated that it is clear that the motivations in this case are political, since the crimes of public disorder and aggressive resistance are common offenses. «They are not serious crimes, and yet, after all the exculpatory evidence, they remain detained.»
The lawyers explained that they will appeal the judge’s decision, filing the appeal five days after the ruling becomes final. The preliminary hearing is expected to take place in January 2026.
The lawyers stated that the detained defenders are suffering from health problems. Alejandro has fungal infections due to the unsanitary conditions at La Esperanza Penitentiary, where they are being held. José Ángel has lost hearing in one ear.
“They are saying they don’t have access to medicine or doctors who can treat them. Pastor Ángel told us that he has requested medical attention three times for an ear problem. He had a very high fever when he arrived at the prison, and now he has completely lost hearing in one ear,” explained Evelyn de Guely, their defense attorney.
They also reported that they were only able to speak with them during the hearings and have had no contact with their families, despite requests submitted by lawyers and the family. However, the judge granted a few minutes during the hearing for Alejandro and José Ángel to speak with their relatives.
The legal team emphasized its commitment to the case. “We will continue to insist that all due diligence be carried out, and we will continue to demand that the pastor and Alejandro be treated in accordance with the Constitution and national and international law, something they have not received.”
The case has garnered international attention. A month ago, Human Rights Watch declared that the arrests of both leaders were arbitrary.
“HRW reviewed 16 videos recorded before, during, and after the protest and Pérez’s arrest, as well as photographs, social media posts, and court documents. The footage shows community members gathered peacefully on a wide, park-like boulevard located in the middle of Highway C-A4. The videos also show that Pérez did not engage in violent, intimidating, or threatening behavior at the time of his arrest, contrary to what prosecutors claimed,” they explained in their statement.
Furthermore, they recalled that El Salvador is a part of the International Covenant on Civil and Political Rights and the American Convention on Human Rights, which prohibits restrictions on the freedom of peaceful assembly.
The United Nations Special Rapporteur on Human Rights Defenders, Mary Lawlor, expressed on her X account that she would be closely monitoring the hearing against Alejandro and José. “They have been held incommunicado since May. I reiterate my call for their release and the dismissal of the charges against them @cancilleríasv,” she wrote.
Before the hearing, Amnesty International demanded the release of the leaders and expressed its deep concern about the violations of their human rights and the inhumane conditions of detention to which they have been subjected.
“The criminalization of human rights defenders not only violates the rights of those detained, but also aims to send a message of fear and intimidation to all those who demand justice and defend their territory in El Salvador. This must stop now,” concluded Ana Piquer, Americas Director at Amnesty International.
Alejandro, José Ángel, and Ruth López were declared by Amnesty as prisoners of conscience, since their arrests are part of a systematic pattern of criminalization that seeks to silence those who denounce abuses, demand justice, and call for transparency in public administration.
“The intensification of this pattern is a clear warning sign about the speed with which Nayib Bukele’s government is dismantling civic space,” said Agnès Callamard, Secretary General of Amnesty International.
The count of human rights defenders detained during both of Nayib Bukele’s terms, monitored by Salvadoran social organizations and revealed by the World Organization Against Torture, records 34 political arrests up to 2024, and 533 cases of assault against individuals and human rights groups. This organization said the country is among the six worldwide with a very high risk of torture.
