1. Stopped by the police on the street, now what?
- Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
- It is not a good idea to touch the officers. Keep your hands where the police can see them.
- It is not a good idea to resist, even if you're innocent or if you think the police are acting unfairly or unlawfully.
a. Can the police arrest you for refusing to answer questions?
The police can ask you questions if they are preventing or investigating a crime.
In general, you have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. Sometimes you must give your name if asked to identify yourself. As a general rule, you are not required to talk to the police.
Finally, you cannot be arrested or detained except by virtue of a written mandate from a competent authority, issued in accordance with the legal formalities and for reasons previously established in the Law.
Only under certain circumstances and if the police suspects that a crime has been committed or in flagrante delicto the police, or any person for the sole purpose of handing you over the authority, may arrest you.
Also, in some cases, if you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detain you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Constitution of the Republic of El Salvador
Article 12
Every person accused of an offense shall be presumed innocent while his guilt is not proven in conformity with the law and in public trial in which all the guarantees necessary for his defense have been assured.
The detained person shall be immediately and clearly informed of his rights and of the reasons for his detention, and cannot be compelled to make a declaration. The detained is guaranteed the assistance of a defense lawyer (defensor) during the proceedings of the auxiliary organs of the administration of justice and in judicial proceedings, in the terms established by the law.
Declarations obtained against the will of the person lack value; whoever so obtains and employs them shall incur penal responsibility.
Article 19
Search or examination of the person shall only be practiced to prevent or investigate crimes or offenses.
b. What if the officers do not identify themselves?
In case officers do not identify themselves, you have de right to ask them to do it.
They have to identify themselves when proceeding to detain or capture any citizen, unless circumstances of flagrante delicto prevent him from doing.
Organic Law of the National Civilian Police
Article 31
The duties of the Policeman are:
9. Identify himself when proceeding to detain or capture any citizen, unless circumstances of flagrante delicto prevent him from doing so;
c. What if an officer just begins speaking to me but does not order me to do anything?
Just listen, remember you have the right to remain in silence and everything that you say could be used in court in the future.
Constitution of the Republic of El Salvador
Article 19
Search or examination of the person shall only be practiced to prevent or investigate crimes or offenses.
d. What if the officer is not in uniform or identified as an officers but I think it is one?
In case officers do not identify themselves, you have de right to ask them to do it.
They have to identify themselves when proceeding to detain or capture any citizen, unless circumstances of flagrante delicto prevent him from doing.
Organic Law of the National Civilian Police
Article 31
The duties of the Policeman are:
9. Identify himself when proceeding to detain or capture any citizen, unless circumstances of flagrante delicto prevent him from doing so;
e. Can I tell police I do not want to speak without a lawyer?
Yes, you have that right.
If you do not have a lawyer the public defender appointed shall appear within twelve hours of receiving the request, appointed by the Attorney General of the Republic.
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
f. If I sit down, am I resisting?
It depends. If you are viewed as being obstructive of a police investigation then sitting down may be considered resisting.
Still, the police cannot use force, except when strictly necessary and in the proportion required by the execution of the arrest, not to make use of weapons, except when there is resistance that endangers the life or physical integrity of persons.
Detention of the accused. Basic Principles of Action
Article 243.- Police officers or agents shall detain the accused in the cases authorized by this Code, in strict compliance with the following basic principles of action:
- Not to use force, except when strictly necessary and in the proportion required by the execution of the arrest;
- Not to make use of weapons, except when there is resistance that endangers the life or physical integrity of persons. the life or physical integrity of persons, or for the purpose of preventing the commission of another other crime, within the limitations referred to in the preceding paragraph;
- Not to inflict, instigate or tolerate any act of torture or torment or other cruel, inhuman, inhuman or degrading treatment or punishment, both at the time of capture and during the time of detention.
g. If I am stopped in a group, and some kids run, can I run?
Never is a good idea to run. The police can interpret you are committing something illegal
Running may put yourself in a worse position because it can potentially provide a police officer with authority to take further action against you.
Try to stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where the police can see them.
You can ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
Secondary sources advise against running from police. Unclear whether there is a legally-significant distinction.
Constitution of the Republic of El Salvador
Article 8
No one is obligated to do what the law does not order nor deny themselves of what it does not prohibit.
Article 11
No person shall be deprived of the right to life, liberty, property and possession, nor any other of his rights without previously being heard and defeated in a trial according to the laws; nor shall he be tried twice for the same cause.
Persons have the right to habeas corpus when any individual or authority illegally or arbitrarily restricts their liberty. Habeas corpus shall also proceed when any authority attacks the dignity or physical, mental or moral integrity of detained persons.
h. Can I tell others (siblings, for example) to run?
Never is a good idea to run. The police can interpret you are committing something illegal
Running may put them a worse position because it can potentially provide a police officer with authority to take further action against you.
Try to stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where the police can see them.
You can ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
Secondary sources advise against running from police. Unclear whether there is a legally-significant distinction.
Constitution of the Republic of El Salvador
Article 8
No one is obligated to do what the law does not order nor deny themselves of what it does not prohibit.
Article 11
No person shall be deprived of the right to life, liberty, property and possession, nor any other of his rights without previously being heard and defeated in a trial according to the laws; nor shall he be tried twice for the same cause.
Persons have the right to habeas corpus when any individual or authority illegally or arbitrarily restricts their liberty. Habeas corpus shall also proceed when any authority attacks the dignity or physical, mental or moral integrity of detained persons.
i. If the officer's language is not my first language, can I tell them without waiving my rights?
Yes, in fact, you have the right to ask for translator, whether you are the accused or a victim.
Translator - Article 11
The accused who does not properly understand the Spanish language shall have the right to choose a translator or interpreter of his trust to assist him as an auxiliary in all acts necessary for his defense. When he does not make use of this right, a translator or interpreter shall be appointed ex officio within the same term established in the preceding article.
Victim's Rights - Article 13
1. The victim shall have the right:
3) To have a translator or interpreter appointed when necessary.
j. If I did not do anything, can they stop me?
No, detention or imprisonment orders must always be in writing, unless the offender is caught red-handed, and issued by the competent authority in accordance with the Law.
They still can stop you to ask questions during an inspection.
Constitution of the Republic of El Salvador
Article 8
No one is obligated to do what the law does not order nor deny themselves of what it does not prohibit.
Article 11
No person shall be deprived of the right to life, liberty, property and possession, nor any other of his rights without previously being heard and defeated in a trial according to the laws; nor shall he be tried twice for the same cause.
Persons have the right to habeas corpus when any individual or authority illegally or arbitrarily restricts their liberty. Habeas corpus shall also proceed when any authority attacks the dignity or physical, mental or moral integrity of detained persons.
Coercive Powers- Article 166
In order to carry out the inspection, the Police or the Attorney General's Office of the Republic, may the police or the Office of the Attorney General of the Republic, may order that during the inspection, the persons who are at the that any other person appear immediately.
2. When can police search you and your surroundings?
- You have the right to say no to searches of your person.
- You have the right to say no to searches of your car, house or other surroundings.
- You cannot be arrested for refusing to consent to a search without a warrant.
- A warrant is a court order so you have no choice but to consent.
a. What if a police officer wants to search my phone?
The police must acquire a warrant before searching your phone, however, if you freely and voluntarily allow them to search it, they don't need a warrant.
Constitution of the Republic of El Salvador
Article 24
Correspondence of every kind is inviolable; if intercepted, it shall not be given credence nor accepted as evidence in any legal action, except in cases of insolvency proceedings and bankruptcy. The interference in and intervention of telephone conversations is prohibited.
The police has no right to search phones without a warrant, warns lawyer (elsalvador.com, Spanish)
b. What if a police officer asks me for my password to my phone?
Police cannot ask for your password without a warrant, unless you freely and voluntarily give them your password.
Constitution of the Republic of El Salvador
Article 24
Correspondence of every kind is inviolable; if intercepted, it shall not be given credence nor accepted as evidence in any legal action, except in cases of insolvency proceedings and bankruptcy. The interference in and intervention of telephone conversations is prohibited.
The police has no right to search phones without a warrant, warns lawyer (elsalvador.com, Spanish)
c. What if they tell me to give them my password or other access to my phone?
Police cannot ask for your password or request to access your phone without a warrant.
Constitution of the Republic of El Salvador
Article 24
Correspondence of every kind is inviolable; if intercepted, it shall not be given credence nor accepted as evidence in any legal action, except in cases of insolvency proceedings and bankruptcy. The interference in and intervention of telephone conversations is prohibited.
The police has no right to search phones without a warrant, warns lawyer (elsalvador.com, Spanish)
d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?
No, they need a warrant to search for your phone.
Note for laywers:
The Assembly approved reforms to the Code of Criminal Procedure, which will allow agents of the National Civil Police to pose as "digital undercover agents" to search citizens' technological devices and extract any type of information to be used as evidence in a judicial process.
Source: Assembly empowers police to spy on citizens' computing devices
(gatoencerrado.com, Spanish)
Constitution of the Republic of El Salvador
Article 24
Correspondence of every kind is inviolable; if intercepted, it shall not be given credence nor accepted as evidence in any legal action, except in cases of insolvency proceedings and bankruptcy. The interference in and intervention of telephone conversations is prohibited.
The police has no right to search phones without a warrant, warns lawyer (elsalvador.com, Spanish)
Assembly empowers police to spy on citizens' computing devices
(gatoencerrado.com, Spanish)
e. What tools can police use to search me? What technology?(Facial recognition, hidden cameras, finger print searches, etc.)
The can use every technology they have. Facial recognition, finger print searches, etc.
The Assembly approved reforms to the Code of Criminal Procedure, which will allow agents of the National Civil Police to pose as "digital undercover agents" to search citizens' technological devices and extract any type of information to be used as evidence in a judicial process.
The police has no right to search phones without a warrant, warns lawyer (elsalvador.com, Spanish)
Assembly empowers police to spy on citizens' computing devices
(gatoencerrado.com, Spanish)
f. Can they search my backpack or other item I am carrying?
Police can search your backpack or other item that you are carrying only if they have elements to suspect that you are committing a crime or, amount your belongings, you possess something related to a crime.
The police officer who carried out the search and the person being searched shall sign a record of the search. If the latter refuses to sign, the police officer shall record this in the record.
Personal search
Article 178.- When the police have sufficient motives to presume that a person hides among his clothes, belongings, or has objects related to the crime attached to his body, he may carry out a personal search if he deems it necessary.
The police officer who carried out the search and the person being searched shall sign a record of the search. If the latter refuses to sign, the police officer shall record this in the record.
g. Can they take my picture or record me?
Could not find an answer.
h. Can they ask me where I am going and why?
If the Police is investigating or preventing a crime, they can detain you and ask you those questions.
Constitution of the Republic of El Salvador
Article 19
Search or examination of the person shall only be practiced to prevent or investigate crimes or offenses.
3. Reasons police may Detain or Arrest you
- The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
- Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
- It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
- If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
- If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.
a. What if I did not do anything illegal, must I speak with the police and answer questions?
Yes, Police can ask you some questions if they are preventing or investigating a crime.
Constitution of the Republic of El Salvador
Article 19
Search or examination of the person shall only be practiced to prevent or investigate crimes or offenses.
b. What if they tell me something they are investigating that is wrong? Must I correct them?
You should remain in silence and only speak if you are asked to. Remember that everything that you said could be used in the future in court.
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
c. What if an officer just begins speaking to me but does not order me to do anything?
You are not required to answer any questions if approached by police agents. You can ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?
Before you are arrested, you can ask if you are free to leave. If the officer says yes, you can walk away. Once you are placed under arrest or are in police custody (when you are not free to leave), the police are required to inform you about your rights and the charges against you and any statement you make after being properly arrested may be used as evidence against you.
After being arrested you have the right to the presence of an attorney.
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
4. The difference between police telling me what to do and asking me to do something.
When you agree to a search, the police has the right to complete the search. If you do not agree to the search, the police can search anyways to prevent or investigate crimes or offenses.
Constitution of the Republic of El Salvador
Article 19
Search or examination of the person shall only be practiced to prevent or investigate crimes or offenses.
Article 24
Correspondence of every kind is inviolable; if intercepted, it shall not be given credence nor accepted as evidence in any legal action, except in cases of insolvency proceedings and bankruptcy. The interference in and intervention of telephone conversations is prohibited.
The police has no right to search phones without a warrant, warns lawyer (elsalvador.com, Spanish)
a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?
While the police need a warrant to search you, they can do it without a warrant if you give consent.
Constitution of the Republic of El Salvador
Article 19
Search or examination of the person shall only be practiced to prevent or investigate crimes or offenses.
Article 24
Correspondence of every kind is inviolable; if intercepted, it shall not be given credence nor accepted as evidence in any legal action, except in cases of insolvency proceedings and bankruptcy. The interference in and intervention of telephone conversations is prohibited.
The police has no right to search phones without a warrant, warns lawyer (elsalvador.com, Spanish)
b. What if they tell me to give them information versus them asking and me providing answers voluntarily?
After being arrested you have the right to consult a lawyer before speaking to the police and to have a lawyer present during questioning. If you are arrested and you provide police with answers voluntarily, then this information could be used in court.
If the police tell you to give them information, you do not need to answer.
In some cases, the police agents can ask you to provide your identity, If you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detained you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Note that if you did not commit a crime, you may be able to clear your name and help the police to find the actual perpetrator of a crime by cooperating and answering some straightforward questions.
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
Form of the Testimony
Article 191.- Before beginning the testimony, the witnesses shall be instructed as to the penalties for false testimony, for which purpose the pertinent articles of the Penal Code shall be read to them and they shall take an oath or promise, under penalty of nullity, except for those under twelve years of age and those who, in the first of twelve years of age and those who at the first moment of the investigation appear as suspects or participants in the participants of the crime under investigation or of another related crime.
Then, each witness shall be questioned separately in accordance with the provisions of this Code, requesting his or her name. the Code, requesting their name, surname, age, family status, identity document, name of the spouse The witness's name, surname, age, family status, identity document indicated by law, name of spouse, life partner or cohabitant, profession, domicile, ties of kinship or interest with the parties and any circumstance that serves to appreciate their veracity. to appreciate its veracity.
5. Do police need a warrant to arrest you?
- No. Police officers can legally arrest you without a warrant in several circumstances:
- When the crime is committed in front of the police officers; or
- When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.
a. If I did not do anything, can they stop me?
Yes, they can. If they are investigating or preventing a crime, they can stop you.
Constitution of the Republic of El Salvador
Article 19
Search or examination of the person shall only be practiced to prevent or investigate crimes or offenses.
b. Can I ask for the reason they stopped me?
Yes, you have the right to know why you are being detained and ask for an attorney.
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
c. Can I advocate for another young person stopped by police if we are stopped together?
They have the right to their chosen or appointed lawyer, which will give them advise. You can advocate to enforce this right.
Law for the Integral Protection of Children and Adolescents.doc (ilo.org)
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
d. If I think the stop is unjustified, what can I do?
If you think that the stop is unjustified, ask the officer if you are under arrest. If you are not under arrest then you should be free to leave.
You can also ask the police agent if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
If your rights are violated, don't try to deal with the situation at the scene, this can escalate to a bigger problem. Try to stay calm, and ask the police agent if you are free to leave. You can talk to a lawyer afterwards, and file a complaint.
e. Can I get the officer's identifying information for a future complaint?
You have the right to ask for the officer's identifying information.
Organic Law of the National Civilian Police
Article 31
The duties of the Policeman are:
9. Identify himself when proceeding to detain or capture any citizen, unless circumstances of flagrante delicto prevent him from doing so;
6. How do you know if you are under arrest?
- You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.
- If the following happens, you are likely under arrest under the law:
- an officer handcuffs you;
- an officer forcibly holds you down;
- an officer puts you into the back seat of a police car; or
- an officer warns you about your rights.
a. What if I do not know if I am under arrest?
You are under police custody if you do not feel free to leave, you can ask the police agents if you are free to leave.
If you are under arrest you have the following rights:
- To be informed immediately and comprehensibly of the reasons for his detention and of the authority by whose order he shall be detained;
- To designate the person or entity to whom his arrest should be communicated and that the communication be made immediately;
- To be assisted and defended by the attorney he designates or by a public defender, in accordance with this Code;
- To be brought without delay within the legal time limit before a judge or other officer authorized by law to exercise judicial functions;
- To refrain from testifying;
- Not to have means contrary to his dignity used against him;
- Not to be subjected to techniques or methods that induce or alter his free will; and
- Not to have means used to impede the indispensable movement of his or her person in the place and during the performance of a procedural act, without prejudice to the measures of surveillance that in special cases and at their prudent discretion the judge or the prosecutor.
- 9) To be assisted by an interpreter when he does not understand Spanish.
Rights of the Accused
Article 87.- The accused shall have the right:
- To be informed immediately and comprehensibly of the reasons for his detention and of the authority by whose order he shall be detained;
- To designate the person or entity to whom his arrest should be communicated and that the communication be made immediately;
- To be assisted and defended by the attorney he designates or by a public defender, in accordance with this Code;
- To be brought without delay within the legal time limit before a judge or other officer authorized by law to exercise judicial functions;
- To refrain from testifying;
- Not to have means contrary to his dignity used against him;
- Not to be subjected to techniques or methods that induce or alter his free will; and
- Not to have means used to impede the indispensable movement of his or her person in the place and during the performance of a procedural act, without prejudice to the measures of surveillance that in special cases and at their prudent discretion the judge or the prosecutor.
- To be assisted by an interpreter when he does not understand Spanish.
These rights shall be made known to the detained defendant in an immediate and comprehensible manner by the prosecutors, judges or police officers, who shall record them in the record under the exclusive responsibility of the prosecutor who directs the initial acts of investigation or of the judge, as the case may be.
b. What is the difference between detention and arrest?
Detention is a precautionary measure that consists of temporarily depriving a person of liberty and is carried out by a competent authority. Arrest is a coercive action that is ordered by a judge. That is, the person is accused of having committed an illegal act and their right to liberty is revoked. An arrest requires sufficient evidence to establish the defendant's responsibility for a crime.
c. I am handcuffed, am I arrested?
No, you can be handcuffed, for example, during transfers. You are only under arrest once you are notified of the charges against you and inform you of your rights.
Detention of the accused. Basic Principles of Action
Article 243.- Police officers or agents shall detain the accused in the cases authorized by this Code, in strict compliance with the following basic principles of action:
- Not to use force, except when strictly necessary and in the proportion required by the execution of the arrest;
- Not to make use of weapons, except when there is resistance that endangers the life or physical integrity of persons. the life or physical integrity of persons, or for the purpose of preventing the commission of another other crime, within the limitations referred to in the preceding paragraph;
- Not to inflict, instigate or tolerate any act of torture or torment or other cruel, inhuman, inhuman or degrading treatment or punishment, both at the time of capture and during the time of detention.
d. If my liberty is restricted, am I under arrest?
No, you can be handcuffed, for example, during transfers. You are only under arrest once you are notified of the charges against you and inform you of your rights.
Detention of the accused. Basic Principles of Action
Article 243.- Police officers or agents shall detain the accused in the cases authorized by this Code, in strict compliance with the following basic principles of action:
- Not to use force, except when strictly necessary and in the proportion required by the execution of the arrest;
- Not to make use of weapons, except when there is resistance that endangers the life or physical integrity of persons. the life or physical integrity of persons, or for the purpose of preventing the commission of another other crime, within the limitations referred to in the preceding paragraph;
- Not to inflict, instigate or tolerate any act of torture or torment or other cruel, inhuman, inhuman or degrading treatment or punishment, both at the time of capture and during the time of detention.
7. What to do after being warned of your rights?
- You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
- You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea without a lawyer present.
- Make sure you know what you're doing in giving up your rights.
a. How do things change if I am read my rights by police?
Once you are notified of the charges against you and inform you of your rights by the police, you are now under arrest.
Rights of the Accused
Article 87.- The accused shall have the right:
- To be informed immediately and comprehensibly of the reasons for his detention and of the authority by whose order he shall be detained;
- To designate the person or entity to whom his arrest should be communicated and that the communication be made immediately;
- To be assisted and defended by the attorney he designates or by a public defender, in accordance with this Code;
- To be brought without delay within the legal time limit before a judge or other officer authorized by law to exercise judicial functions;
- To refrain from testifying;
- Not to have means contrary to his dignity used against him;
- Not to be subjected to techniques or methods that induce or alter his free will; and
- Not to have means used to impede the indispensable movement of his or her person in the place and during the performance of a procedural act, without prejudice to the measures of surveillance that in special cases and at their prudent discretion the judge or the prosecutor.
- To be assisted by an interpreter when he does not understand Spanish.
These rights shall be made known to the detained defendant in an immediate and comprehensible manner by the prosecutors, judges or police officers, who shall record them in the record under the exclusive responsibility of the prosecutor who directs the initial acts of investigation or of the judge, as the case may be.
b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)
No
8. Police questioning you
- You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.
- Also, in some cases, if you fail to provide your identity, such as: name, address, and date of birth as requested by police in the circumstances above, the police can detain you and take you to the nearby units that have adequate means to carry out the diligence of identification or accreditation of property, for this sole effect and for only the indispensable time to check your identity.
Juvenile Penal Code (Spanish)
Statement of a Minor
Article 84. The judge will order to receive a statement from the minor, explain to him/her in clear and simple language the charges against him/her, with the warning that he/she may abstain from testifying and that the hearing of the case will continue even if he/she does not testify. If the minor agrees to testify, he/she may, after having done so, be questioned by the juvenile prosecutor, the private defense counsel, if any, and the prosecutor for minors, in that order.
a. Am I required to make a statement?
Yes, but you do not have to take an oath to tell the truth if you are under 12 years old.
You still have the right to be advised by a defense counsel.
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
Form of the Testimony
Article 191.- Before beginning the testimony, the witnesses shall be instructed as to the penalties for false testimony, for which purpose the pertinent articles of the Penal Code shall be read to them and they shall take an oath or promise, under penalty of nullity, except for those under twelve years of age and those who, in the first of twelve years of age and those who at the first moment of the investigation appear as suspects or participants in the participants of the crime under investigation or of another related crime.
Then, each witness shall be questioned separately in accordance with the provisions of this Code, requesting his or her name. the Code, requesting their name, surname, age, family status, identity document, name of the spouse The witness's name, surname, age, family status, identity document indicated by law, name of spouse, life partner or cohabitant, profession, domicile, ties of kinship or interest with the parties and any circumstance that serves to appreciate their veracity. to appreciate its veracity.
b. Must police notify my guardian?
When an adolescent is restricted or deprived of his ambulatory freedom, the prosecutor's office or the court, as appropriate, will order that his defender and parents or legal representatives be notified immediately.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment | OHCHR Principle 16
c. Must I confess?
You have the right to remain silent and ask for a lawyer. No matter what the police may say, you do not have to say you did anything (confess), explain what happened, give a statement (a written document), or answer any questions.
Note that if you did not commit a crime, you may be able to clear your name and help the police to find the actual perpetrator of a crime by cooperating and answering some straightforward questions.
Rights of the Accused
Article 87.- The accused shall have the right:
5) To refrain from testifying;
d. What adults can I ask to be with me?
Parents or legal representatives.
You have the right to be advised by a defense counsel.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment | OHCHR Principle 16
Defender. Technical Defense
Article 10.- Every accused person shall enjoy the inalienable right to the assistance and defense of an attorney, from the moment of his detention until the end of the execution of the sentence.
If the accused in custody does not appoint a defense counsel, the appointment shall be requested immediately from the Attorney General of the Republic and the public defender appointed shall appear within twelve hours of receiving the request.
If the accused is a lawyer, he may defend himself.
The accused who is not in custody may appoint a defense counsel or request the appointment of a public defender at any stage of the investigation and proceedings.
e. Who do police have to contact if I am a legal minor?
Parents or legal representatives.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment | OHCHR Principle 16
9. How do I contact a lawyer and when?
- You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
- This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.
- While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present.
a. What if I am just a witness?
You have the right to refrain from making any statements without this being used against you. If you do make a statement, you have the right to always have a lawyer present.
Rights of the Accused
Article 87.- The accused shall have the right:
5) To refrain from testifying;
10. Do police always have to tell the truth?
- No. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
- Sometimes police will lie to try and get you to talk more.
a. Can the police lie to me?
The police can restrain information during the course of the investigation.
b. Do I have to tell the police the truth?
You have the right to refrain from making any statements without this being used against you. If you do make a statement, you have the right to always have a lawyer present.
Rights of the Accused
Article 87.- The accused shall have the right:
5) To refrain from testifying;
11. How do I make a complaint if I have questions or feel my rights have been violated?
Remedies:
When you are a victim of a crime, you have the option of filing a report with the Salvadoran authorities. You can do so with:
The National Civil Police (PNC) at 2527-1000 or 2527-1001. You can find more contact information on their web page: http://www.pnc.gob.sv
Or, directly with the Attorney General's Office (FGR) at 2523-7000. More contact information can be found on their web page: http://www.fiscalia.gob.sv/
You can also reach out to the OHCHR El Salvador. They receive complaints of alleged human rights violations and follows up on them by maintaining constant communication with the victims, members of civil society organizations and state institutions.
OHCHR Regional Office for Central America (ROCA)
Ciudad del Saber, Casa 136 A-B
Clayton, Panama City, Panama
Tel. +507 302 4706
Email: pregionaloffice@ohchr.org
Victims of crime - U.S. Embassy in El Salvador (usembassy.gov)
12. What if I feel I was a victim of discrimination or racism?
Remedies:
When you are a victim of a crime, you have the option of filing a report with the Salvadoran authorities. You can do so with:
The National Civil Police (PNC) at 2527-1000 or 2527-1001. You can find more contact information on their web page: http://www.pnc.gob.sv
Or, directly with the Attorney General's Office (FGR) at 2523-7000. More contact information can be found on their web page: http://www.fiscalia.gob.sv/
You can also reach out to the OHCHR El Salvador. They receive complaints of alleged human rights violations and follows up on them by maintaining constant communication with the victims, members of civil society organizations and state institutions.
OHCHR Regional Office for Central America (ROCA)
Ciudad del Saber, Casa 136 A-B
Clayton, Panama City, Panama
Tel. +507 302 4706
Email: pregionaloffice@ohchr.org
Victims of crime - U.S. Embassy in El Salvador (usembassy.gov)
13. What if I feel I was a victim of discrimination or racism?
Remedies:
When you are a victim of a crime, you have the option of filing a report with the Salvadoran authorities. You can do so with:
The National Civil Police (PNC) at 2527-1000 or 2527-1001. You can find more contact information on their web page: http://www.pnc.gob.sv
Or, directly with the Attorney General's Office (FGR) at 2523-7000. More contact information can be found on their web page: http://www.fiscalia.gob.sv/
You can also reach out to the OHCHR El Salvador. They receive complaints of alleged human rights violations and follows up on them by maintaining constant communication with the victims, members of civil society organizations and state institutions.
OHCHR Regional Office for Central America (ROCA)
Ciudad del Saber, Casa 136 A-B
Clayton, Panama City, Panama
Tel. +507 302 4706
Email: pregionaloffice@ohchr.org
Victims of crime - U.S. Embassy in El Salvador (usembassy.gov)
14. What can you do if the police perform an improper search? Or I was improperly detained?
Remedies:
In these cases, you can file a habeas corpus. Which is the most expeditious and effective to request the release of a person that was illegally detained. Any person can do it, it does not need to be a family member and you do not require a lawyer to file it.
Habeas corpus may be requested before the Constitutional Chamber of the Supreme Court of Justice or before the Second Instance Chambers that do not reside in the capital.
Constitution of the Republic of El Salvador
Article 11
No person shall be deprived of the right to life, liberty, property and possession, nor any other of his rights without previously being heard and defeated in a trial according to the laws; nor shall he be tried twice for the same cause.
Persons have the right to habeas corpus when any individual or authority illegally or arbitrarily restricts their liberty. Habeas corpus shall also proceed when any authority attacks the dignity or physical, mental or moral integrity of detained persons.
Supreme Court Republic of El Salvador
El Salvador-Constitucional Protection Procedures.pdf (cijc.org)