Clooney Foundation for Justice to monitor Russian journalist's trial in NW Russia

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Russian Journalist Charged With Extremism Laments State's 'Black PR' Campaign Against Her

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JUNE 25, 2020
The Clooney Foundation for Justice’s TrialWatch initiative monitored
criminal proceedings against Evelyn Hernandez and “Diana,”i women
charged with murder in El Salvador after being treated for obstetric
emergencies after they gave birth in their homes. The two reports
released today detail the human rights violations against the two
women—one of whom was pregnant as a result of a rape—because of
El Salvador’s draconian and discriminatory approach to reproductive
healthcare.
Amal Clooney, co-President of the Clooney Foundation for Justice, said,
“It is unconscionable that El Salvador continues to treat women who are
victims of medical emergencies as criminals. El Salvador should reform
its law to comply with international human rights norms and respect the
rights of women.”
Though the defendants in these cases were not convicted, their trials are
part of a pattern of persecution. Over the past two decades, El Salvador
courts have convicted and imprisoned dozens of women for up to 40
years because they had an abortion or simply suffered a miscarriage—
with the majority being women of limited means. Many of these women
were brought to the attention of the police by healthcare professionals
who themselves fear prosecution for not reporting abortions or obstetric
complications.
CFJ calls on El Salvador to repeal laws criminalizing women’s
reproductive health and ensure the authorities do not discriminate
against women through unfair prosecutions and trials.
STATEMENT ON THE RELEASE OF REPORTS
ON THE TRIALS OF EVELYN HERNANDEZ
AND “DIANA” IN EL SALVADOR
Photo Source: CNN
Hernandez Trial
Grade: D
“Diana” Trial
Grade: C
ABOUT THE CLOONEY FOUNDATION FOR JUSTICE’S TRIALWATCH INITIATIVE
The Clooney Foundation for Justice's TrialWatch initiative monitors and grades the
fairness of trials of vulnerable people around the world, including journalists, women and
girls, religious minorities, LGBTQ persons and human rights defenders. Using this data,
TrialWatch advocates for victims and is developing a Global Justice Ranking measuring
national courts’ compliance with international human rights standards.
BACKGROUND
Professor Juliet Sorensen, Clinical Professor of Law, Center for International Human Rights at Northwestern
University, and staff at the American Bar Association Center for Human Rights conclude in the Fairness
Reports assessing these trials that the proceedings against Ms. Hernandez were “marred by due process
violations” and “reflected a reliance on gender stereotypes.” In Diana’s case, the proceedings violated “a
number of her rights, including the right to liberty, the right to freedom from cruel, inhuman or degrading
treatment, and the right to privacy.”
Both women were arrested while seeking medical treatment for obstetric emergencies that occurred while
they were at home. Despite a dearth of evidence, both were subsequently charged with aggravated
homicide. Indeed, in Diana’s case, a representative of the prosecutor’s office was overheard stating that
homicide was 'the only thing that could have happened' immediately after arriving at Diana’s house; further,
the prosecution either did not have medical information on the child's cause of death at the time of the
indictment—or withheld that information from the defense. Ms. Hernandez and Diana were also subjected
to unjustified pretrial detention and, in Diana’s case, to violations of her right to humane treatment, even
after she attempted suicide in detention.
Both women were victims of the discriminatory application of El Salvador’s criminal laws to women—
especially poor women—who need medical care for pregnancy complications but are instead treated as
criminals. Further, in Ms. Hernandez’s case, “the prosecution cited her alleged concealment of her
pregnancy as evidence of malice aforethought,” an “unsubstantiated ascription of intent” suggestive of an
outdated discriminatory view and presumption of guilt.
While CFJ welcomes the fact that Ms. Hernandez was acquitted and the charges against Diana were
dismissed, the cases against these women were flawed from the start. In line with recent decisions by the
Inter-American Commission on Human Rights and the UN Working Group on Arbitrary Detention, El
Salvador should take immediate action to end “discriminatory institutional practices within criminal law and
the healthcare sector” and ensure that women undergoing obstetric emergencies or suffering miscarriages
are able to access reproductive healthcare without fear of “accusations of aggravated homicide” in which
“‘the[ir] guilt . . . [is] assumed.’”
For a full legal analysis of the trials and explanation of the grades that have been provided, please see here
and here.
i Diana’s name has been changed.