Things That Matter

Evelyn Hernandez Is Facing A Third Trial And Angered Protesters Used A New Way To Show Their Frustration

There are rising tensions in El Salvador as activists are protesting the attorney general’s decision to seek a third trial for a woman accused of killing her stillborn son. The woman, Evelyn Hernandez, was exonerated in an August retrial after an earlier judgment found her guilty of killing her stillborn son and sentenced her to 30 years behind bars. Hernandez, 21, was found innocent after the judge said there was not enough evidence to convict her of the crime. 

The issue of abortion has always been a widely-debated and divisive topic in conservative El Salvador where abortion is illegal. Many women in the country have been prosecuted for attempting abortions even in dire medical situations. Activists look at Hernandez’s case as an example of an unjust system targeting her due to her limited financial status. 

 “We do not want Evelyn to be viewed as a criminal and persecuted,” Claribel Ayala, a protester outside the attorney general’s office in El Salvador told Reuters. “We’re going to stand with her until justice is done.”

While activists see Hernandez’s case as a trial against women rights, prosecutors are looking at her as a criminal.

Credit: @NARAL / Twitter 

Activists dressed in clown attire took to the streets of El Salvador this week to voice their disapproval of the news that attorney general Raul Melara would be seeking a third trial in Hernandez’s case. Many of them threw confetti-filled eggs at his office and even painted his door red with paint. Melara acknowledges their anger but sees the case with a different lens.  

“There are groups that have a big interest in seeing this as persecution against poverty, that this woman is being targeted because she had an emergency outside the hospital, but the proof is overwhelming and shows this isn’t the case,” Melara told reporters.

Hernandez’s release from prison was viewed as a victory for women rights. 

Credit: @karlazabs / Twitter

Hernandez said she was raped by a gang member and was unaware of her pregnancy until just before delivering a stillborn son back in 2016. She was found on her bathroom floor covered with blood and would be taken to an emergency room by her mother and a neighbor. When doctors examined her they noted that there were visible signs of delivery but found no baby. They reported Hernandez to local authorities and would later find her newborn dead inside of a septic tank.

She’s been convicted and sentenced to 30 years in prison for the alleged killing of her child. Prosecutors said that she had purposely induced abortion only to leave the newborn to die. Hernandez wound up only serving 33 months out of her original 30-year sentence before being released in February. 

This was due to an appeal before the Supreme Court who said that Hernandez should be released due the original conviction being based on prejudice and insufficient evidence. The acquittal was looked at as a huge victory for women’s rights not only in El Salvador but globally. 

“It was tough to be locked up, especially when I was innocent,” Hernandez said the day she was released. “There are others who are still locked up and I hope they are freed soon.”

Hernandez has maintained her innocence from the start that she had no knowledge of being pregnant. Now prosecutors are looking at a third trial to convict her of killing her newborn child. 

Credit: @marlasirens / Twitter

The attorney general is seeking to convict Hernandez of murder even after being released from prison. While many see Hernandez as the true victim in this ordeal, prosecutors see things differently.  

“As Attorney General of the Republic, we are responsible for the support and accompaniment of women victims in any crime and in any of its modalities, but, in the case of Evelyn Hernández, there are no elements to consider her a victim of any fact, on the contrary, the only victim is her son,” prosecutors said in a statement . “This appeal is the manifestation of the legal protection of … the life of a helpless being who depended absolutely on the care of his mother, who caused his death.”

Hernandez’s legal team is fighting back against these claims saying that the attempt at a retrial is a waste of resources that could be used to serve more important issues. 

“We expected this persecution against Evelyn to stop,” one of her lawyers, Elizabeth Deras, told BuzzFeed News. “Instead, they are spending the state’s resources unnecessarily. Resources that could be used to fight corruption.”

As of now, the request for a new trial must be assessed by a different court before it can proceed legally. The prosecution is looking to sentence Hernandez to 40 years in prison.  

READ: These Are Our Favorite Fast Foods You Can Get In Latin America But Not In The US, Dos Por Favor!

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Justice Amy Coney Barrett Just Issued Her First Opinion In Abortion Case And Cast Doubt On Future Of Roe V. Wade

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Justice Amy Coney Barrett Just Issued Her First Opinion In Abortion Case And Cast Doubt On Future Of Roe V. Wade

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It was no secret that if the Republican Party and Donald Trump got their way with the Supreme Court, that women’s health and reproductive rights would be under attack. Well, Trump installed his new justice, Amy Coney Barrett, to the court in November and she’s just issued her first opinion in a case related to access to abortion.

Amy Coney Barrett handed a victory to the White House and Conservatives regarding abortion.

Since taking her seat on the Supreme Court in November, Justice Coney Barretts’ opinions have escaped much scrutiny. However, her latest opinion in an abortion-related case is drawing scrutiny from both the left and the right for clues of how she might rule in the future.

The decision, issued despite objection from the court’s more liberal judges, reinstates a requirement for patients to pick up the drug, mifepristone, in person. Three lower courts had blocked the Food and Drug Administration’s in-person pick-up requirement for mifepristone during the coronavirus pandemic, citing the risks of contracting COVID-19 at a doctor’s office or a hospital.

Julia Kaye, staff attorney at the American Civil Liberties Union Reproductive Freedom Project, called the court’s decision “chilling” and one that “needlessly” endangers “even more people during this dark pandemic winter.”

In an interview with NPR, she added that people of color, like Black and Latinx patients, are at particular risk for health risks posed by COVID-19. Requiring them to go to a doctor’s office in person to pick up the drug threatens the health and lives of those patients, she said.

It’s the first abortion-related decision since last year’s swearing in of Justice Amy Coney Barrett, whose presence on the high court bench ensured a new conservative majority. Abortion-rights advocates have been fearful of what a conservative majority could do to chip away at legal protections for abortion.

On the surface, this week’s abortion ruling is fairly minor but it has many women worried.

Credit: Phil Walter / Getty Images

In its ruling, the Court didn’t release a majority opinion, which means that the case doesn’t explicitly change existing legal doctrine. And the case concerns a policy that the Biden administration could likely reverse after President-elect Joe Biden takes office.

But, when you read between the lines, the case – FDA v. American College of Obstetricians and Gynecologists – warns of a dark future for abortion rights and women’s health.

The premise of pro-abortion rights decisions like Roe v. Wade (1973) is that the Constitution provides special protection to the right to an abortion that it doesn’t provide to other elective medical procedures. Yet, as Justice Sonia Sotomayor explains in dissent, American College effectively rules that a commonly used abortion drug may be regulated more harshly than any other legal medication.

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Survey Says Support For Abortion Has Risen In Mexico

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Survey Says Support For Abortion Has Risen In Mexico

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Abortion rights have been long-debated issues for countries across the globe. Always, when it comes to conversations about women’s reproductive rights, is the debate that decisions like these should be decided solely by the people directly affected. You know, the ones with uteruses. Surprisingly, the president of Mexico agrees.

Last Thursday, the president declared that he believed that the decision about whether the country should legalize abortion should be left up to women.

Mexican President Andres Manuel Lopez Obrador stressed last week that the legality of abortion should be up to Mexico’s women to decide.

While López Obrador avoided revealing his actual position on the issue, he did say that a public consultation should be considered in the decision. In Mexico, the issue of abortion remains controversial and is still rejected by many Mexicans.

“It’s a decision for women,” Lopez Obrador explained one day after the Argentine Senate voted to make abortion legal. “It’s just that matters of this nature should not be decided from above.”

Lopez Obrador’s comments came soon after the Argentine vote was made and journalists in a news conference asked him whether he thought Mexico should take similar action.

Mexico, a majority Roman Catholic nation, is changing in its perception of abortion restrictions.

According to Reuters, “At the end of November, support for abortion stood at 48% in a survey, published by the news organizations El Financiero and Nación321 – a steep rise from the 29% recorded in March. The poll, based on telephone interviews with 410 participants, asked if respondents agreed that “the law should permit a woman the right to abortion.”

While abortion is legal in Mexico City and the state of Oaxaca, it remains illegal in most of the country with the exception of special circumstances.

According to Reuters, a “nationwide poll published in September 2019 by newspaper El Financiero showed that a woman’s right to abortion only had majority support in Mexico City and Baja California state.”

Sixty-three percent of people who took part in the survey said that they were against abortion rights while 32% were in favor. Fifteen thousand adults took part in the survey.

Various nations in Latin American ban abortion in totality. El Salvador, has in the past sentenced women to up to 40 years in prison. Until recently, only Cuba and Uruguay have allowed women to recieve elective abortions.

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