US deportations raise serious human rights concerns

His Office, OHCHR, has received information that over 100 Venezuelan deportees are being detained at a notorious prison in El Salvador. 

OHCHR said 142,000 people were deported from the US between 20 January and 29 April, according to official data.

Harsh treatment in detention

In particular, the fate and whereabouts of at least 245 Venezuelans and some 30 Salvadorans sent to El Salvador remain unclear. 

Many were deported under the US Alien Enemies Act as alleged members of criminal groups and have reportedly been detained at the Centre for Terrorism Confinement (CECOT) in the Central American country.

Detainees at the maximum-security prison are treated particularly harshly, without access to legal counsel or family members and have no contact with the outside world.

Serious rights concerns

OHCHR has received information from family members and lawyers regarding more than 100 Venezuelans believed to be held in CECOT. 

The reports indicate that many were not informed of the US Government’s intention to deport them to be detained in a third country.  

Furthermore, many had no access to a lawyer and were unable to challenge the lawfulness of their removal before being flown out.

“This situation raises serious concerns regarding a wide array of rights that are fundamental to both US and international law,” Mr. Türk said.

They include the rights to due process, protection from arbitrary detention, equality before the law, and protection from exposure to torture or other irreparable harm in other States.

Families feel powerless

Neither the US or Salvadoran authorities have published official lists of the detainees, and their legal status in El Salvador remains unclear. 

Many family members interviewed by OHCHR voiced deep distress at not knowing where, and in what circumstances, their loved ones are being held. Some only became aware when they recognized their relatives from videos on social media of them in or being taken to CECOT. 

“Families we have spoken to have expressed a sense of complete powerlessness in the face of what has happened and their pain at seeing their relatives labelled and handled as violent criminals, even terrorists, without any court judgment as to validity of what is claimed against them,” said Mr. Türk.

“The manner in which some of the individuals were detained and deported – including the use of shackles on them – as well as the demeaning rhetoric used against migrants, has also been profoundly disturbing,” he added.

The High Commissioner welcomed the essential role that the US judiciary, legal community and civil society are playing to ensure the protection of human rights in this situation.

“I have called on the US Government to take the necessary measures to ensure compliance with due process, to give prompt and full effect to the determinations of its courts, to safeguard the rights of children, and to stop the removal of any individual to any country where there is a real risk of torture or other irreparable harm,” he said.