El Salvador says families can file complaints over unjust detention in notorious mega-prison

(CNN) — Families of Venezuelan deportees held in El Salvador’s infamous Cecot prison can petition the Salvadoran government for their release – but the fruitfulness of that process is an open question in a country accused of arbitrary detention by rights groups and even the US State Department.

The head of El Salvador’s Human Rights and Freedom of Expression Commission, Andrés Guzmán, told CNN those who believe their relatives are “unjustly” held in the country’s notorious Cecot mega-prison can bring their grievances into the office.

Families of 238 Venezuelans deported from the United States have been anxiously waiting for news about their loved ones.

US President Donald Trump deported the Venezuelans, along with 23 Salvadorans, to El Salvador last weekend, accusing them of having ties to gangs like Tren de Aragua. The deportees were then transferred to the Center for Terrorism Confinement, known as Cecot, the largest prison in the Americas.

Several relatives say they’ve identified family members among the deportees and have denied the allegations.

Venezuela’s government and multiple families have criticized the treatment their loved ones have received in El Salvador, saying that neither the Salvadorans nor the US have presented evidence that the deportees are gang members.

The mega-prison with a 40,000-person capacity has long been criticized by rights groups for the alleged inhumane treatment of detainees. The US State Department even acknowledged “torture or cruel, inhuman, or degrading treatment or punishment by security forces” in a 2023 report that also pointed to “harsh and life-threatening prison conditions” and “arbitrary arrest or detention” by the country’s law enforcement.

Some 10,000 to 20,000 prisoners are currently thought to be housed there. But so far, neither the US nor El Salvador have identified the Venezuelans they deported and imprisoned.

Salvadoran President Nayib Bukele has said that the detainees would serve a year in prison, but possibly longer.

Guzmán’s office has no decision-making power; it receives and passes on information about those believed to be unjustly detained to the relevant authorities. The detainees’ loved ones and experts are not convinced Guzmán’s office has much to offer.

CNN has reached out to a relative of one of the deportees for comment.

Gustavo Flores-Macias, professor of government and public policy at Cornell University, says the offer from the commission is “unlikely to yield results.” Guzmán, being a Bukele-appointed official, is more concerned with defending the government’s record than advocating for the detainees and their families, according to Flores-Macias.

“Because of the PR benefits to both President Trump and President Bukele, Venezuelan deportees sent to El Salvador will face considerable challenges to get an opportunity to prove their innocence and regain their freedom,” he told CNN.

Controversial deal

Cecot is at the center of an unprecedented deal between the US and El Salvador. Bukele had offered to house the US deportees in the prison in exchange for $6 million dollars – intended help sustain El Salvador’s penitentiary system, which currently costs $200 million a year.

Bukele’s administration denies allegations of wrongdoing and touts its “firm hand” approach as having virtually eliminated organized crime. Under the 2022 state of emergency, authorities were given sweeping powers, carrying out what rights groups called arbitrary detentions and violations of due process, with security forces being able to detain suspects without charge for up to 15 days. The measure continues to this day.

Venezuela’s government has doubled down on calls for its citizens to be returned. President Nicolás Maduro on Wednesday called on Bukele to hand over Venezuelan citizens to Caracas. Bukele did not respond to Maduro nor to CNN’s request for comment.

On Saturday, Venezuela’s special envoy for peace talks, Jorge Rodríguez Gómez, announced an agreement with the US to repatriate Venezuelans detained in the US back to Venezuela. The initial repatriation flight scheduled for Sunday, he said.

“Migrating is not a crime, and we will not rest until we achieve the return of all those who require it and until we rescue our brothers kidnapped in El Salvador,” Rodríguez said.

The Salvadoran government insists that the rights of the deported detainees have been respected, and that foreign detainees are not treated any different than Salvadoran ones. “In the case of those deprived of liberty who come from another nationality, the treatment is completely identical to any other deprived of liberty within the Salvadoran prison system,” Guzmán said.

But the rhetoric has done little to quell mass discontent and the escalating tensions between the US and Venezuela.

On Tuesday, groups of Venezuelans demonstrated in Caracas, some saying they had identified relatives among the deportees. They rejected the criminal allegations against their relatives, and demanded they be returned home.

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