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Acquitted the Salvadoran youth who had asked for 40 years in prison for abortion

  • Evelyn Hernández was sentenced to 30 years in jail for aborting in 2017. The courts ruled in 2018 the retrial, and on this occasion the judge has decided to absolve it. Hernandez, who became pregnant with a rape, has always advocated that the baby was born dead.

20 August 2019 - 10:10
Evelyn Hernandez, epaia ezagutu ostean adierazpenak egiten.

The judge of the Co-Jutepeque Criminal Court in El Salvador has decided to absolve Evelyn Hernández, one of the defendants. The Prosecutor's Office called for Hernandez to be sentenced to 40 years in prison for "aggravated murder" and abortion, in his opinion, on 25 September. The defense called for the acquittal, claiming that the child had been born dead.

As Hernández's lawyer, Beertha de León, explained, the judge "has declared that there was no way to prove the crime and has been acquitted for it. He says it was a complicated birth, like many women imprisoned for murder.”

Hernandez was satisfied with the sentence of innocence: “Thank God, justice has been done. All this time I've been hard, because I was accused of something I haven't done." The young woman has shown her hope that women in prison who are accused of aborting will be taken out of prison.

 

 

Pregnant for rape

Hernandez was raped in 2015 at the age of 17. She became pregnant with the girl, who was born dead in 2016, after giving birth in the UK. After giving birth at home, the young man was transferred to a hospital, where he was reported by the doctor for abortion. He was tried in 2017 on charges of an "aggravated murder" crime. The Prosecutor ' s Office had ordered 40 years in prison for Hernández and the judge had sentenced him to 30 years in prison for embezzlement. Subsequently, the Supreme Court annulled the judgment on the grounds that it "lacked evidence". The trial was repeated on Thursday and Friday last week, and although the Public Prosecutor’s Office has kept his petition for 40 years in prison, this time the judge has acquitted Hernández.

Symbol of the right to abortion

The case of Hernández has become known not only in El Salvador, but also in many other countries of the world. It has become the face of policies against women and struggles for the right to abortion. Abortion in El Salvador is a serious crime, whatever the case, including the risk of rape or death for the mother. The penal code also provides for up to 50 years ' imprisonment for abortion in the Caribbean country. There are currently 16 women in prisons in El Salvador accused of aborting prisoners, in most cases serving 40-year sentences. There are another eighteen defendants awaiting trial.

Among the countries of America, Honduras, Haiti, the Dominican Republic, Suriname and El Salvador punish abortion in all cases and under all circumstances.

 

 

 

Mobilizations have taken place in El Salvador by Hernández and the other women imprisoned for abortion.

 

 

 

 


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