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REPORTS: CENTRAL AMERICA |
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Declaring
War on Gangs
Edgardo Ayala
Harsh measures for combating gangs are based more on politics than public safety.
With names like the "Heavy Hand Plan" in El Salvador, "Clean Sweep" in Guatemala and "Operation Freedom" in Honduras, officials of Central American countries are taking steps to combat the gangs known as "maras" that have flourished in the region.
The initiatives have a common denominator: to increase prison terms for gang members. In El Salvador and Guatemala, however, the measures have been spurred by electoral campaigns and lack a coherent vision.
The three countries have been hardest hit by armies of youths that declare all-out war against rival gangs, leaving pain and death in their wake (LP, July 30, 2001).
There are no exact statistics on the number of gang members in these countries, but according to unofficial estimates the figure is at least 35,000 in El Salvador, about 100,000 in Guatemala and 80,000 in Honduras. The largest gangs, the Mara Salvatrucha and Mara 18, operate in all three countries.
Honduras was the first country to crack down on gangs. New criminal reforms approved by Congress took effect on Aug. 18, establishing penalties of up to 12 years in prison and up to US$12,000 in fines for "leaders of maras who enter into associations with the permanent purpose of carrying out criminal acts," according to the newly modified Article 332 of the Criminal Code. The measures were approved unanimously by the five political parties with the largest blocs in the Honduran Congress, at the request of President Ricardo Maduro, who launched the crusade against the gangs (LP, May 20, 2002).
One problem with the anti-gang legislation is that many youths who used to belong to gangs are now working, but police arrest them anyway. With the help of San Pedro Sula Auxiliary Bishop Rómulo Emiliani, the former gang members have asked Maduro to provide them with certificates to show the police that they are no longer gang members.
On July 23, Salvadoran President Francisco Flores launched "Heavy Hand," a police and military operation aimed at breaking up gangs. He also sent the Legislative Assembly a proposal for a bill that would outlaw gangs and allow alleged members to be jailed merely on the basis of their appearance — tattoos and clothing — even if they had not committed any crime.
The plan drew strong criticism from members of the political opposition and human rights organizations. "The ‘Heavy Hand’ plan is a short-sighted, populist measure meant to make people believe that the law will ensure peace in their communities," the Human Rights Institute of José Simeón Cañas Central American University (IDHUCA) said in a statement.
On Sept. 4, the Legislative Assembly rejected Flores’ plan, instead following Honduras’ lead and approving reforms to the Criminal Code.
According to the Foundation of Studies for Application of Law (FESPAD), however, those reforms were unnecessary, because penalties for the kinds of crimes committed by gang members are spelled out in existing norms. Police have the authority to arrest anyone who commits a crime such as rape, murder, drug trafficking or robbery.
"There is no need for reforms to the Criminal Code, much less special laws. This is all part of a spectacle tinged with electoral politics," FESPAD director Jaime Martínez said.
Political analysts say the measures are meant to win points because next March’s elections are just around the corner and support for El Salvador’s governing Nationalist Republic Alliance (ARENA) — which is seeking a fourth term — is less robust than in the past (LP, Aug. 13, 2003).
After an official ARENA document explicitly mentioning the possible advantages of the "Heavy Hand" plan for the campaign was leaked to the press, members of the Mara Salvatrucha held a clandestine press conference on Aug. 18 to reject what they said was ARENA’s intention of making them political pawns.
"They can’t take advantage of the Mara Salvatrucha for cheap campaign tricks," said Skid, whose face was covered with a handkerchief. "We have kids to support. Who will feed them if they arrest us just for political reasons?"
Meanwhile, as part of "Heavy Hand," police and army units detained a total of 2,145 youths between July 23 and Sept. 15 on charges of belonging to illicit associations.
According to FESPAD’s Martínez, a comprehensive solution to the gang problem is needed, including not just repressive measures, but also prevention and opportunities for young people. Many analysts agree.
As Guatemala’s November presidential elections approach (LP, Aug. 13, 2003), the government has been under pressure to take similar heavy-handed measures. On Aug. 19, Deputy Jorge Rosales of the opposition National Progress Party (PAN) presented a draft bill that included harsh penalties ranging from six to 12 years in prison for gang members.
"That type of proposal does absolutely nothing to rehabilitate the youths or find a real solution to the issue," said Emilio Goubaud, director of the Alliance for Crime Prevention (APREDE).
According to APREDE, which is made up of four human rights organizations, about 680 gang members have been detained during the police crackdown known as "Operation Clean Sweep."
"They’re picking the kids up just because they have tattoos, and that’s not a crime," Goubaud said.
APREDE tries to get gang members back into society by offering vocational training to help them set up small businesses like bakeries. So far, about 23 such businesses have been
established and about 320 former gang members have returned to the work force.
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