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在萨尔瓦多的集体审判中,律师们艰难地为数百人辩护In El Salvador’s mass trials, lawyers struggle to defend hundreds

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4月23日,在萨尔瓦多特科卢卡,囚犯们参加了在恐怖主义监禁中心(CECOT)举行的针对罪犯和帮派成员的大规模听证会 [Alex Pena/Getty Images]Prisoners attend a mass hearing against criminals and gang members at the Terrorism Confinement Centre, or CECOT, on April 23 in Tecoluca, El Salvador [Alex Pena/Getty Images]

人权观察(HRW)发布了一份报告,记录了萨尔瓦多大规模审判中普遍存在的侵权行为。在这些审判中,数百人可能一同受审并被定罪。

Human Rights Watch (HRW) has released a report documenting widespread violations as part of El Salvador’s mass trials, in which hundreds of people can be tried and convicted together.

这份于周三发布的报告审查了四项起诉书,涉及超过600名被告,以及一项涉及120多人的单一法院判决。

The report, released on Wednesday, reviews four indictments covering more than 600 defendants and a single court ruling that involved more than 120 people.

报告还收录了15名辩护律师的采访。他们表示,其当事人的合法程序权利遭到剥夺,因此无法在审判中为自己提供充分的辩护。

It also includes interviews with 15 defence lawyers, who say their clients were denied their due process rights and were therefore unable to adequately defend themselves at trial.

报告得出结论称,这些大规模审判中的被告面临定义模糊的指控、薄弱的证据和有缺陷的审判程序。据报道,在某些情况下,辩护律师还被限制查阅当事人案卷并与被告私下沟通。

The report concludes that defendants in the mass trials face vaguely defined charges, weak evidence and faulty proceedings. In some cases, defence lawyers have reportedly been restricted from viewing their clients’ case files and communicating privately with the defendants.

“萨尔瓦多的大规模审判是对司法的嘲弄,”人权观察美洲区主任胡安妮塔·戈伯特斯在一份声明中表示,“这些听证会的设计是为了得出有罪判决,而非依据合法程序权衡证据。”这些大规模审判是纳伊布·布克勒总统全面安全镇压行动的一部分,该行动旨在应对国内有组织犯罪活动的激增。

“El Salvador’s mass trials are a mockery of justice,” said Juanita Goebertus, the Americas director at HRW, in a statement. “These hearings are designed to produce guilty verdicts, not to weigh evidence under due process.”The mass trials are part of President Nayib Bukele’s sweeping security crackdown, launched in response to a surge in organised crime in the country.

布克勒于2022年3月首次宣布进入紧急状态以应对犯罪浪潮,暂停了某些公民自由,以赋予执法人员更多权力。这些措施还包括大规模逮捕。

Bukele first issued a state of emergency to address the crime wave in March 2022, suspending certain civil liberties in favour of greater powers for law enforcement officials. Those efforts included mass arrests.

次年,萨尔瓦多国会通过了一项法案,为大范围审判铺平道路,允许法院审理涉及数百名被告的案件。

The following year, El Salvador’s Congress passed a bill clearing the way for mass trials as well, allowing courts to decide cases involving hundreds of individual defendants.

萨尔瓦多政府为这些审判辩护称,鉴于国内犯罪规模之大,此举对于瓦解帮派是必要的。但批评者多次警告称,此类手段侵犯了基本人权,并导致了非法监禁。

The Salvadoran government has defended the trials as necessary to dismantle gangs, given the scale of crime in the country. But critics have repeatedly warned that such tactics violate basic human rights and have led to unlawful imprisonment.

布克勒本人也承认,在他的镇压行动中,无辜者也被卷入。2024年他表示,此前被捕的大约8000人后来被释放。

Bukele himself has acknowledged that innocent people have been swept up in his crackdown. In 2024, he said some 8,000 people who had been arrested were later released.

“我们将百分之百地释放所有无辜者,”他当时承诺道,并认为没有任何制度是完美的。

“We are going to free 100 percent of the innocent people,” he pledged at the time, arguing that no system was perfect.

在萨尔瓦多的紧急状态法令下,已有超过9.3万人被拘留,其中包括3000多名儿童。该法令自2022年以来已多次延长。

More than 93,000 people, including more than 3,000 children, have been detained under El Salvador’s emergency order, which has been renewed multiple times since 2022.

据估计,萨尔瓦多目前有约12万人被监禁,相当于该国总人口的2%左右。萨尔瓦多的监禁率位居世界前列。

An estimated 120,000 people are currently imprisoned in El Salvador, equivalent to about 2 percent of the country’s population. The country has one of the highest incarceration rates in the world.

人权观察组织指出,在这些大规模审判中,许多定罪都基于指控被告与帮派“合作”,而这一标准在法律上十分模糊。

HRW noted that many convictions in the mass trials are secured by accusing the defendants of being “collaborators” with gangs, a vague legal standard.

在该组织审查的一起单独审判中,超过120人因非法结社罪被定罪,并被判处30年或45年监禁。人权观察组织称,没有一人被宣告无罪。

In a single trial reviewed by the group, more than 120 people were convicted of unlawful association and sentenced to 30 or 45 years in prison. No one was acquitted, HRW said.

人权观察组织报告称,对于因此类指控而被定罪的绝大多数囚犯而言,唯一将他们与帮派联系起来的证据,是两名匿名证人中的一人作出的陈述,而这两名证人已获得免于起诉的豁免权。

HRW reported that, for the vast majority of prisoners convicted on such charges, the only evidence connecting them to a gang was a statement by one of two anonymous witnesses, who had received immunity from prosecution.

“检察官说某人是帮派成员,只是因为一名警察这么说,”一名律师匿名告诉人权观察组织。“检察官依赖警方报告,而警方报告又依赖未具体说明的官方情报或公众传言。”此外,负责监督这些大规模审判的制度也引发了质疑。

“Prosecutors say a person is a gang member because a police officer says so,” one lawyer anonymously told HRW. “The prosecutor relies on the police report, and the police report relies on unspecified official intelligence or public rumours.”There have also been questions about the system overseeing the mass trials.

这些案件已提交至“打击有组织犯罪法庭”审理。该法庭体系由萨尔瓦多最高法院监督,但批评者指责其缺乏透明度。甚至参与诉讼的律师也未能获知该法庭法官的身份。

The cases have been presented before the Tribunals Against Organized Crime, a court system overseen by El Salvador’s Supreme Court that critics accuse of a lack of transparency. The identities of the tribunals’ judges have not been disclosed, even to the lawyers involved in the proceedings.

尽管如此,尽管该国存在人权方面的担忧,布克勒政府在过去在民意调查中的支持率一直相对较高。布克勒将这些统计数据视为公众支持其反犯罪策略的标志。

Still, despite concerns about human rights in the country, Bukele’s government has historically enjoyed a relatively high approval rating in public polls. Bukele has cited such statistics as a sign of public support for his anti-crime tactics.

4月,总检察长罗多尔福·德尔加多还为一场针对近500名被控为MS-13成员的集体审判进行了辩护。他在社交媒体上发帖称,该帮派多年来一直系统性地活动,给“萨尔瓦多家庭带来了恐惧和哀痛”。萨尔瓦多政府尚未立即回应置评请求。

In April, Attorney General Rodolfo Delgado also defended a mass trial of nearly 500 alleged MS-13 members, saying in a social media post that the gang had operated systematically for years, causing “fear and mourning among Salvadoran families”. The Salvadoran government did not immediately respond to a request for comment.

人权观察组织在其报告中呼吁,对紧急状态下提起的案件进行独立审查。该组织还要求释放那些在没有可信证据的情况下被拘留的人。

In its report, HRW called for independent reviews of cases brought under the state of emergency. It also demanded that people detained without credible evidence be released.