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Fachada de piedra de un tribunal con columnas y escalinata al amanecer, plaza vacía en primer plano
Imagen alusiva de un tribunal en San Salvador, donde se desarrolla la audiencia única contra los 26 procesados. · Imagen generada para EPM

Prosecutors seek maximum terms for 26 alleged MS members

The Attorney General's Office has requested maximum sentences, from 20 to 60 years for illicit association, for 26 alleged members of the Mara Salvatrucha…

--- The context --- El Salvador has maintained a state of exception since 2022, the framework under which the 26 defendants in this case were detained and now face a single joint hearing in San Salvador. The proceedings are before the First Tribunal against Organized Crime, judge two, and center on the offense of illicit association, which prosecutors attribute to the accused as alleged members of the Mara Salvatrucha. --- The facts --- Prosecutors have requested maximum prison sentences for the 26 defendants, seeking terms of between 20 and 60 years for illicit association. According to the fiscal investigation, the defendants formed a structure that operated in San Martín park, in Santa Tecla, La Libertad Sur, and all of them have been detained since the state of exception began in 2022. According to the accusation, the group is headed by a corredor, or clique leader, who is also attributed with alleged offenses of drug possession and holding for trafficking purposes and of illegal or irresponsible possession, carrying or use of a firearm. The group also includes six homeboys, one chequeo, 11 paros and seven collaborators. These are sentencing requests within an ongoing process: no court has convicted these 26 defendants yet. --- The positions --- The prosecution states that it has abundant incriminating evidence gathered during the investigation and expects the 26 defendants to receive convictions with long prison terms. That expectation, however, is one party's position: it is for the tribunal to weigh the evidence and decide whether the requested sentences match what is proven against each individual defendant. As an immediate precedent, the same tribunal recently convicted 17 members of the Mara Salvatrucha of illicit association, in a separate and already issued ruling. Four homeboys received 30 years, three homeboys were sentenced to 40 years for their leadership roles, and Jesús Antonio Castillo Morataya accumulated 60 years after an additional 20 years for drugs; the rest received 30 years. That judgment does not decide the current process: today's 26 remain accused persons awaiting sentence. --- What remains unknown --- The hearing could last several days and its outcome is not yet known. It remains to be seen what evidence prosecutors present against each defendant, how the defense responds, and whether the tribunal imposes the requested sentences or adjusts them to each defendant's attributed role. --- Unanswered questions --- Will the tribunal accept the maximum sentences requested for the 26 defendants? What weight will the incriminating evidence carry once it is tested at the hearing? Will the alleged clique leader receive a heavier sentence than the rest of the group? How many days will the single hearing in San Salvador ultimately last? --- EPM analysis --- The case concentrates the central tension of this stage of Salvadoran justice: a prosecution asking for the maximum punishment and a tribunal that must turn that request into individual, reasoned decisions. That distance is where the credibility of the process is at stake, because every conviction must rest on the evidence attributed to each defendant, not only on the gravity of the gang phenomenon. 📌 EPM Take: In EPM's view, requesting maximum sentences is the prosecution's right, but the strength of this case will be measured by the judgment and its reasoning, not by the request. The 26 defendants remain accused persons until the tribunal decides, and a hearing lasting several days should serve to examine the evidence rigorously. If the evidence is as abundant as prosecutors maintain, the ruling will show it without any need to anticipate convictions.
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