San Salvador, 17 Mar The humanitarian organization Cristosal asked this Thursday the Constitutional Chamber of the Supreme Court of Justice to declare unconstitutional a reform that creates the figure of digital agents undercover for allowing telecommunications intervention without a court order “in a veiled way”. Ruth López, Cristosal's Head of Anti-Corruption and Justice Department, told journalists that the reform of the Code of Criminal Procedure does not establish “limits”, so “it could be used in an arbitrary way.” The demand for unconstitutionality indicates that the creation of this figure was made in a general regulation, thereby “evading the controls and limits established” in a special law on wiretapping. López warned that if undercover digital agents are used without judicial authorization, evidence could be “contaminated” in possible criminal proceedings. “We found no legal reason for this type of reform,” added the lawyer, noting that they requested as a precautionary measure that its entry into force be suspended or that the Prosecutor's Office be ordered to seek judicial authorization in cases where it intends to use the measure. The president of the Association of Journalists of El Salvador (APES), César Castro Fagoaga, indicated at the end of January that what worries “is the abuse and arbitrariness” that the Public Prosecutor and Police “may do with these investigations.” “In a way, what is being legalized is espionage,” Castro said, recalling the cases of journalists and human rights activists allegedly spied on using the Pegasus software. Amnesty International indicated in mid-January that it verified the “use of the Pegasus program to monitor journalists” and human rights activists in El Salvador. The Inter-American Commission on Human Rights (IACHR) held a hearing on Wednesday on “the human rights situation in the context of cyber surveillance in El Salvador.” Human rights defenders and journalists reported that they were victims of espionage through Pegasus and the adoption of reforms that they consider criminalize their investigative work. CHIEF hs/sa/jrh
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