Contract Jail: like in a science fiction movie, El Salvador offers its "accommodation service"

Jesús Daniel Romero and William Acosta for Poder & Dinero and FinGurú

The proposal of Salvadoran President Nayib Bukele to offer prisons in El Salvador to house criminals from other countries and members of criminal organizations resonates with the concept of sending high-risk criminals to spaceships or deserted islands, a common argument in many science fiction movies. Just like in these stories, where criminals are isolated for public safety, Bukele's offer seems like an attempt to address the growing concern over violence and organized crime in the region.

Recalling Science Fiction Movies

In numerous science fiction movies, criminals are sent to remote places, out of sight from the public, to prevent them from posing a threat. These narratives reflect society's desire to get rid of dangerous elements in a way that does not interfere with everyday life. Bukele's proposal, although in a more realistic context, evokes these images, suggesting that by sending criminals to El Salvador, the U.S. could be looking for a similar solution to crime and national security issues. There is no doubt these elements are extremely dangerous.

A Reminder of the Trump Administration

This move towards possible collaboration in detaining criminals also recalls the work of former Attorney General William Barr during the first Trump administration. Barr was key in advancing the goals of the Department of Justice, especially in the fight against gangs that affect both the United States and El Salvador. Under his leadership, federal prosecutors began bringing charges against gang leaders in El Salvador for crimes threatening U.S. national security.

The Outcome of the Vulcan Joint Task Force

One of the most significant outcomes of this approach was the creation of the Vulcan Joint Task Force, specifically designed to address criminal gang activity such as MS-13. This unit has collaborated with Salvadoran authorities to dismantle criminal networks and formally charge their leaders. The work done by this task force has allowed the Department of Justice to file terrorism-related charges against an MS-13 leader, highlighting the seriousness with which the criminal threat is being addressed.

New Charges and the MS-13 Threat

Recently, the Department of Justice revealed new charges against members of the infamous MS-13 gang, which Barr has called "a death cult." The severity of the charges, including seeking the death penalty for some of its leaders, underscores the urgency of the situation and the need for effective solutions. Bukele's proposal to utilize Salvadoran prisons can be seen as part of a broader effort to combat crime and mitigate the threat posed by these organizations.

Legal Issues to Analyze

While the plan to send prisoners to El Salvador may seem beneficial, several legal issues require careful examination. The legality behind sending prisoners to Salvadoran jails or immigrant detention facilities outside the United States for confinement is complex and involves aspects of international law, immigration law, and criminal law.

Legality of Detention in El Salvador

International treaties stipulate that the United States must respect the human rights of all people under its jurisdiction, including those who are not U.S. citizens. Bilateral agreements may have been established to facilitate the detention of certain individuals, but such agreements must comply with international laws and ensure respect for human rights. Detaining prisoners in another country raises questions of sovereignty and jurisdiction, as each country has its own legal system, and individuals must be tried according to the laws of the country in which they find themselves.

Rights of Non-Salvadoran Individuals

People sent to El Salvador must have access to due process, including the right to be heard in court and appeal any decision against them. Human rights must be guaranteed regardless of nationality, including protection against torture and adequate detention conditions. Access to legal representation is crucial for these individuals to effectively defend their rights.

Legal Framework for Appeals Outside the U.S.

Individuals may seek access to international courts for human rights violations, such as the Inter-American Commission on Human Rights. They should be able to file legal remedies and appeals through established judicial systems in El Salvador, as long as their rights are respected. International oversight can help ensure that human rights and due process are maintained.

Impact on Members of El Tren de Aragua

The initiative raises significant questions about its impact on specific groups such as El Tren de Aragua, a notorious Venezuelan gang. If members of this gang are transferred to El Salvador, it could lead to an increase in criminal activities in the region, as they might strengthen their operations by establishing new networks and alliances with local gangs. This could exacerbate violence and insecurity in El Salvador and neighboring areas.

The Salvadoran prison system already faces challenges, including overcrowding and lack of resources. The influx of additional inmates associated with powerful criminal organizations could further strain the system, complicating efforts to manage and rehabilitate all inmates. Transferring individuals to a country where they have not violated laws raises serious legal and human rights concerns, as they could argue that their rights are being violated in a jurisdiction where they have no legal status.

The issues of sovereignty are also critical, as each nation has its own legal framework. Sending individuals to another country for incarceration without proper legal grounds can violate international law and provoke diplomatic tensions. Members of El Tren de Aragua must have access to legal representation to challenge their detention, ensuring that their due process rights are upheld.

Implications for U.S. Citizens Abroad

If countries start adopting policies similar to those of the U.S. regarding their citizens, the implications could be significant. U.S. citizens could face legal challenges, as their transfer to a third country could violate their rights under U.S. law and international treaties. Concerns could arise about human rights and the treatment of individuals in those countries, which could strain diplomatic relations. Moreover, such policies could set a precedent encouraging other nations to adopt similar practices, complicating international legal cooperation and protections for citizens abroad.

Several laws and treaties exist both internationally and nationally to protect the rights of inmates. Here are some key instruments:

International Treaties and Agreements:

- Universal Declaration of Human Rights (UDHR): Adopted by the United Nations General Assembly, establishes fundamental human rights that must be guaranteed to all individuals, including those in detention.

- International Covenant on Civil and Political Rights (ICCPR): This treaty, which many countries have ratified, guarantees various civil rights, including the right to humane treatment and due process for individuals deprived of liberty.

- Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT): This treaty specifically prohibits torture and inhumane treatment of individuals in custody, emphasizing the need for humane detention conditions.

- International Convention on the Elimination of All Forms of Racial Discrimination (ICERD): Protects against discrimination within the criminal justice system, including in prisons.

- United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules): These rules provide guidelines for the humane treatment of prisoners, covering aspects such as living conditions, medical care, and access to legal representation.

- Inter-American Convention to Prevent and Punish Torture: This regional treaty emphasizes the need for humane treatment of individuals in detention and prohibits torture and inhumane treatment.

National Laws:

- Constitutional Protections: Many countries, including the U.S., offer constitutional protections for individuals, including those incarcerated. These protections often include the right to due process, protection against cruel and unusual punishment, and access to legal representation.

- Prison Reform Laws: Various national laws and regulations govern the treatment of inmates, addressing issues such as overcrowding, access to medical care, and rehabilitation programs.

- Civil Rights Act: In the U.S., this law allows inmates to file lawsuits against prison officials for violations of their constitutional rights.

- Prison Litigation Reform Act (PLRA): This U.S. law establishes standards for lawsuits filed by prisoners, focusing on ensuring that inmates can challenge the conditions of their confinement while seeking to reduce frivolous litigation.

Access to Legal Representation:

Inmates generally have the right to access legal representation to challenge their detention and treatment. This access is crucial to ensure that their rights are respected and that they can seek remedies for any violations they may experience.

It is in the best interest of the U.S. to keep violent criminals from El Tren de Aragua in the U.S. Returning them to Maduro's regime will result in a revolving door of the same individuals returning to the U.S. to complete their mission of destabilizing our democracy. The Maduro regime created this monster and unleashed it in Latin America, the U.S., and Europe. As long as Maduro and his criminal enterprise remain in power, all we are doing is putting a band-aid on an infection that will sooner or later come back to haunt us.

In summary, the protection of inmates' rights is supported by a combination of international treaties and national laws aimed at ensuring humane treatment, due process, and access to legal remedies. These frameworks are essential to safeguarding the dignity and rights of individuals within the criminal justice system.

Conclusion

In conclusion, Nayib Bukele's offer to house criminals from other countries in El Salvador embodies a complex interplay of legal, ethical, and diplomatic challenges. While it seeks to address urgent issues of violence and organized crime, the implications for human rights, sovereignty, and due process cannot be overlooked. As the U.S. and El Salvador navigate this initiative, it is imperative that they prioritize the rights of the individuals involved and ensure that any agreement aligns with international legal standards. A balanced approach is essential to effectively combat organized crime without compromising fundamental human rights, ultimately fostering a safer and fairer environment for all. This news is more for an audience expecting results from the first hundred days of President Trump's government.

Credits:

The New York Times 

The Washington Post 

Los Angeles Times 

The Guardian 

La Prensa Gráfica 

El Faro 

Reuters 

Associated Press 

Bloomberg 

Al Jazeera

Jesús Romero is a retired U.S. Naval intelligence officer. He enlisted in the Navy in 1984 and was designated Naval Intelligence Officer. He also served as an intelligence operations specialist in the Army's civil service. He was a deck sailor on a nuclear missile cruiser. He then had the opportunity to be a navigator and, after 8 years, became an officer.

Romero became an officer through the Navy's Enlisted Program, graduated with honors from Norfolk State University, and received a Bachelor's degree in Political Science. Thanks to his good academic performance, he was able to choose the path of intelligence. He studied aviation and then entered intelligence school. He was assigned to an A-6 Intruder squadron, a tactical bomber operating from an aircraft carrier USS America, aboard which he went to Bosnia, Iraq, and Sudan.

After retiring from the Navy, Romero was a defense contractor for the North American Division of British Aerospace Systems (BAE) in Washington, D.C., and also for Booz Allen Hamilton in Miami.

William L. Acosta is the founder and CEO of Equalizer Private Investigations & Security Services Inc., a licensed investigative agency in NYS, FL, with offices and affiliates worldwide.

Equalizer maintains offices and subsidiaries in the United States in New York, Florida, California, and Latin America since 1999. Equalizer’s investigations have successfully closed cases ranging from Narcotics, Homicides, Missing Persons, and other crimes.

Equalizer has been involved in the criminal defense of State and Federal Criminal Defense cases ranging from Homicide, Narcotics, RICO, Money Laundering, Conspiracy, and other federal and state charges.

Mr. Acosta has coordinated investigations in the U.S. and other countries around the world. He specializes in international and multijurisdictional investigations and in recent years has conducted investigations in Germany, Italy, Portugal, Spain, France, England, Mexico, Guatemala, El Salvador, Honduras, Panama, Colombia, Venezuela, Argentina, Bolivia, Ecuador, Peru, Brazil, Puerto Rico, the Dominican Republic, among other places.

He has directed or coordinated investigations related to international drug trafficking, money laundering, and homicides, and has also served as an instructor and international speaker on various investigative topics.