Supreme Court Petition on the Lawfulness of Imprisonment of Venezuela Expellees Deported by U.S. Awaits Supreme Court Review
Swipe Left on Questionable Detentions
Attorneys representing the distraught families of 30 Venezuelans shipped off by the United States to a colossal prison in El Salvador, fawned upon the Salvadoran Supreme Court of Justice this week, pleading for a review of their incarceration. One of these advocates, Jaime Ortega, was hired by the Venezuelan government of President Nicolás Maduro to throw the cases before the Constitutional Chamber of the Salvadoran Supreme Court. This appeal would extend to the remaining 238 Venezuelans deported on the command of Donald Trump.
"We beg the court to scrutinize their status and issue a ruling. If their detention is unlawful, it should promptly order their freedom," Ortega declared to the press.
CNN has requested further intel from the Venezuelan government.
Salvadoran President Nayib Bukele revealed last week that the US expelled 238 alleged members of the Tren de Aragua criminal organization. However, he failed to identify them or provide evidence for the claim. El Salvador agreed to accommodate and cage them at its Terrorism Confinement Center (Cecot), infamously known as the largest prison in Latin America. Despite this, it's been acknowledged that not all deportees harbored criminal records.
The Trump administration revealed that 137 of these migrants were expelled under the Alien Enemies Act. Invocation of the act, previously utilized only in times of war, is under scrutiny in U.S. judicial circuits.
These attorneys in El Salvador hope that if this is an immigration matter, the Salvadoran Supreme Court will order their return to their native lands.
The judges are under no timeline to address the appeal.
Juan Pappier, Americas Deputy Director of Human Rights Watch, expressed skepticism about expecting the court to stand against the Bukele administration.
"I sympathize with their desperation and believe they should exhaust every available option," Pappier divulged.
"Unfortunately, the Salvadoran Supreme Court lacks independence. It's been completely co-opted by the Bukele administration. Consequently, it's regrettably unrealistic to anticipate they will make a decision counter to the administration's wishes," he cautioned CNN.
Pappier contended that such deportations defy UN directives that ban countries from transferring individuals to places where they run the risk of facing torture and other severe human rights violations.
The National Commission on Human Rights and Freedom of Expression, a Salvadoran government agency, announced that families of Venezuelan deportees incarcerated in Cecot could file petitions with the Salvadoran government for their release. As of Monday morning, they had received seven such requests.
"We will evaluate each case and execute the appropriate verifications," presidential commissioner Andrés Guzmán detailed.
CNN's Ivonne Valdés and Hira Humayun contributed to this report.
Behind the Scenes:
The relocation of these 238 Venezuelans from the United States to El Salvador under the Alien Enemies Act by the Trump administration raises considerable legal and human rights concerns. Here are essential aspects of their legal status and potential breaches of UN principles:
Legal Status and Deportation Procedures
- Defiance of Protocol: The Trump administration invoked the Alien Enemies Act, a wartime authority established in 1798, to circumvent normal immigration protocols and deport the Venezuelans to El Salvador[4][5], despite a court order barring their expulsion[3].
- Questionable Charges: The U.S. implicated them in the Venezuelan gang Tren de Aragua, but offered little proof to substantiate these claims[1][4][5].
Human Rights Infractions and UN Regulations
- Non-Refoulement Principle: The principle of non-refoulement, enshrined in international law, forbids states from ejecting individuals to nations where they face serious human rights perils, such as torture[2][3]. deporting these Venezuelans to El Salvador's jail system, notorious for human rights abuses, contravenes this principle[2][3].
- State of Emergency in El Salvador: Since 2022, El Salvador has been under a state of emergency, which has resulted in the suspension of constitutional rights, including due process, further endangering the expelled individuals[1][3].
- Conditions in CECOT: The Terrorism Confinement Center (CECOT) has been criticized for its harsh conditions, including overcrowding, the absence of rehabilitation programs, and reported torture[1][5].
Potential Remedies and Challenges
- Legal Remedies: Ongoing legal measures aim to address the situation, such as habeas corpus lawsuits in El Salvador and potential court proceedings in the U.S. to insist upon their return[1]. However, these efforts face significant barriers due to the political climate in El Salvador and the nature of their detention[1][5].
- International and Domestic Criticism: Organizations such as Human Rights Watch and Amnesty International have denounced these actions, emphasizing the risk of severe human rights violations and advocating for an end to such deportations[1][3].
- The attorneys in El Salvador are petitioning the Salvadoran Supreme Court to evaluate the detentions of the Venezuelans, hoping that if this is an immigration matter, the court will order their return to their native lands.
- Juan Pappier, Americas Deputy Director of Human Rights Watch, believes it is unrealistic to anticipate that the Salvadoran Supreme Court, which he says has been co-opted by the Bukele administration, will make a decision counter to the administration's wishes.
- The National Commission on Human Rights and Freedom of Expression in El Salvador announced that families of the incarcerated Venezuelan deportees could file petitions with the Salvadoran government for their release, acknowledging that these cases must be thoroughly evaluated and verified.
