The office of El Salvador’s Attorney General has decided to appeal the acquittal Oct. 18 of five community leaders, a move quickly rejected by their community and by Salvadoran and global organizations that have worked in solidarity for more than two decades to reject a proposed gold mine that threatened water resources.

The office of El Salvador’s Attorney General has decided to appeal the acquittal Oct. 18 of five community leaders, a move quickly rejected by their community and by Salvadoran and global organizations that have worked in solidarity for more than two decades to reject a proposed gold mine that threatened water resources.
Leonel Herrera, a journalist covering the case for Diario Co Latino, calls the decision to appeal “reprehensible.” Authorities should use their time and resources “to investigate true war crimes, beginning with the massacres committed against Santa Marta which took the lives of hundreds of civilians—mostly women, the elderly and children.”
This was never a true criminal case, Herrera added, but rather “a spurious accusation invented to persecute a group of former guerrilla fighters not for war crimes, but rather for what they do now: care for the water, protect the ecosystem and attain the continuity of lives gravely threatened by the possible re-activation of mining projects.”
Santa Marta Rejects Appeal of Acquittal of Water Defenders
Translation by CISPES (Spanish original is here)
We reject the appeal of the Attorney General’s Office and demand that the acquittal of our environmental leaders be upheld
The Attorney General’s Office (FGR) remains determined to prevent legality and justice from prevailing for the community leaders of Santa Marta and ADES, who were definitively acquitted last October 18 by the Sentencing Court of Sensuntepeque, Cabañas. For this reason, an appeal has been filed before the Criminal Chamber of Cojutepeque.
Despite multiple calls to respect the acquittal of the environmental activists of Cabañas, the Prosecutor’s Office seeks to reverse Sentencing Court’s ruling, which is in accordance with the law and congruent with the principles of due process. The appeal is characterized by a lack of valid legal argumentation and by the disrespectful way in which the representatives of the Prosecutor’s Office refer to the honorable sentencing judges.
In this sense, we ask the magistrates of the Criminal Chamber of Cojutepeque not to admit the appeal and to ratify the decision of the Sentencing Court of Sensuntepeque, which has acted independently, in accordance with the law and without being pressured by extrajudicial factors that conspire to condemn the defenders of water, the environment and life threatened by the possible reactivation of mining.
In this regard, it is worth remembering that the ruling of the Sensuntepeque Sentencing Court responds to the mandate of the Cojutepeque Criminal Chamber, which on two occasions transferred the decision of whether or not the alleged acts constituted crimes against humanity or war crimes to the Sensuntepeque Sentencing Court.
In accordance with this mandate, the sentencing judges analyzed the case and unanimously determined that the alleged crimes presented by the prosecution did not meet the definition of a crime against humanity or a war crime, as established in the Rome Statute and the Geneva Conventions, respectively. Therefore, they ruled that the criminal action was inadmissible due to the statute of limitations of the alleged crimes and decreed a definitive dismissal for the defendants.
We alert the country and the world of this attempt by the Salvadoran Attorney General’s Office to continue using the judicial system to persecute environmental activism and manipulate restorative and transitional justice to criminalize environmental defenders who warn about the serious dangers of mining extractivism.
Definitive freedom for the community leaders of Santa Marta and ADES!
Yes to Life, No to Mining!
Cabañas, El Salvador, October 30, 2024












