The reform of the Penal Code is the one that has generated concern among the representatives of the journalistic union, since it imposes sentences of 10 to 15 years in prison for “any type of written statement that alludes to the different criminal terrorist groups or associations of maras or gangs “.
The penal reforms of El Salvador that punish with up to 15 years in prison the publication of “any written statement” which alludes to the “territorial control” of the gangs have already been published.
This is a fact that the journalistic guild classifies as “jaw”, which entered into force following its publication in the Official diary.
The reforms, requested by the Government of Nayib B Watch and approved by Congress without any study, were published in the April 5 edition of the Official Gazette, according to Efe on Wednesday.
These are two reforms: one to the Law for the Prohibition of Gangs and another to the Penal Code.
The first textually prohibits the media from “the reproduction and transmission to the general population of messages or communications originating or allegedly originating from said criminal groups, which might generate anxiety and panic in the population.”
Add that “especially those whose purpose is to allude to territorial control of said group or transmit threats to the population in general.”
The president of the Association of Journalists of El Salvador (APES), César Castro Fagoaga, He indicated in a press conference that they consider “these reforms as a clear attempt to censor the media.”
The acting director for the Americas of Human Rights Watch (HRW), Tamara Taraciuk, described as “serious” this “reform that criminalizes even painting graffiti on gangs and the publication of information regarding them in the media if they generate ‘anxiety'”.
“Will @nayibbukele (Nayib Bukele) decide on Twitter, his Legislative Assembly, or his judges who goes to prison for up to 15 years for this?” he added.
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The Salvadoran president compared this measure to Germany’s struggle to eradicate Nazism.
“When the Germans wanted to eradicate Nazism, they prohibited by law all Nazi symbols, as well as messages, apologies and everything that was aimed at promoting Nazism,” the president wrote on Twitter.
He added: “Nobody said anything, it was understandable that it was like that. Now we will do that with the gangs.”
The reforms also punish with prison whoever “I will elaborate, participate in its elaboration, facilitate or manufacture, texts, paintings, designs, drawings, graffiti or any form of visual expression in real estate for public or private use, which explicitly or implicitly transmit messages” of the gangs.
In the different communities of El Salvador it is common to observe graffiti to mark a kind of border between the areas with the presence of opposing groups.
The legal amendments were approved within the framework of an exceptional regime dictated by Congress since March 27th following an escalation in homicides.