UN human rights experts published a statement Wednesday expressing concern over unlawful US deportations to El Salvador. According to the statement, the US has deported over 250 Venezuelan and Salvadoran men, who were allegedly involved with gangs.
The experts stated that the Alien Enemies Act of 1798, invoked by the Trump administration to authorize the deportations, has been abused by denial of due process, independent review or court access. The experts stressed that deportation decisions did not take into consideration whether people were at risk of serious human rights violations in El Salvador.
The statement references international law in its accusations against the US. Under Article 3 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, member states are obligated to not deport people if there are substantial grounds for believing that they would be in danger of being tortured. Similarly, Article 16 of the International Convention for the Protection of All Persons from Enforced Disappearance prohibits member states from deporting people that would be subjected to enforced disappearance. The above-mentioned conventions form the foundation for the principle of non-refoulement under international human rights law: states are prohibited from deporting individuals where there are serious human rights violations concerns.
The experts also expressed concern over the conditions of El Salvador’s prisons, noting that “there have been reports of deaths, torture and ill-treatment, violence between prisoners and enforced disappearances.” Human Rights Watch (HRW) previously affirmed the experts’ concerns by exposing forcible disappearances of deportees from the US. Earlier this year, HRW also released a declaration on the prison conditions in El Salvador, underlining human rights concerns relating to prison population, communication with relatives, lawyers, and human rights groups, physical and psychological abuse, and death.
The experts also pointed out lack of effective legal standards in El Salvador, such as accessing legal representation and judicial review, and voiced concerns over US and El Salvador’s refusal to return wrongfully deported individuals. The experts urged US to cease summary deportation of individuals without due process, and to maintain its obligations under regular immigration law and international human rights law.