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• May 19th, 2022
• Y Plus Global
• Photo credit: JOSE CABEZAS, REUTERS

VIOLATION OF HUMAN RIGHTS: ARBITRARY ARREST AND DENIAL OF ACCESS TO HIV TREATMENT FOR YOUNG PEOPLE IN EL SALVADOR

Amsterdam, Netherlands | May 19, 2022: The Global Network of Young People Living with HIV (Y+ Global) and the entire youth community stand together to condemn in the strongest possible terms the rampant arrests of young people based on their HIV status and the way they identify in El Salvador.

Y+ Global expresses its concern after receiving reports about a young person living with HIV who was seized by the National Civil Police (PNC) on Sunday, May 15, 2022, around 11:20 a.m. The incident occurred in Jardines de San Bartolo, San Salvador when the young person was on a public bus on his way to work.

PNC agents stopped the collective transport, forced the young person off the vehicle, and took him away without explanation, even though the young person has never presented any legal problems, nor does he have a criminal record. As a human rights defender, he participated in the V Regional Assembly of J+LAC in Cartago, Costa Rica, representing the voices of young people living with HIV and promoting human rights. On Monday, May 16 the young person was taken into prison without attending any legal hearing or receiving any information about how the legal process will continue. According to the local authorities and communications to his family, he will not have access to treatment for the next 15 days until he attends his first legal hearing, putting his health at immediate risk.

The current criminalization of young people living with HIV in El Salvador and the prevention of access to health care, treatment, and food while they are detained is a fundamental violation of human rights.”

Tinashe Rufurwadzo

Director of Programmes, Management, and Governance at Y+ Global

On March 27, the Legislative Assembly of El Salvador declared a state of emergency at the request of President Nayib Bukele, following the spike in homicides related to gangs during the preceding weekend. The decree that regulates the emergency regime suspends certain fundamental rights which, according to international law, should not be derogated under any circumstances, including the right to legal defense and the right to be informed of the reasons for detention, among others.

The situation is alarming since it gives us the index of the number of people living with HIV who are deprived of their liberty and without access to their antiretroviral treatment. Under no circumstances is it justified to fail to protect the health of civilians regardless of the suspicions or allegations against them.”

Horacio Barreda

Coordinator of the Latin American Network of Young People Living with HIV.

This exceptional mechanism is taking away the freedom and the constitutional rights of many innocent young people in the country. Holding them in detention centers violates their rights and prevents young people living with HIV from having access to treatment, putting their lives at high risk and traumatizing them.

As the Global Network of Young People Living with HIV, we urge the government of El Salvador to:

• Stop false arrests of young people in all our diversity.
• Restore and uphold fundamental rights, including access to legal services and representation.
• Allow any young people living with HIV who have been detained to have access to medical treatment and other essential services.

We also call on legal practitioners, the United Nations, and Civil Society Organizations to create a safe environment where young people’s rights are protected, respected, and fulfilled.

Link to Spanish Version