{"id":15518,"date":"2019-09-09T08:02:21","date_gmt":"2019-09-09T12:02:21","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=15518"},"modified":"2019-09-09T08:02:21","modified_gmt":"2019-09-09T12:02:21","slug":"el-salvador-to-appeal-against-verdict-that-cleared-mother-of-babys-death","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2019\/09\/09\/el-salvador-to-appeal-against-verdict-that-cleared-mother-of-babys-death\/","title":{"rendered":"El Salvador to appeal against verdict that cleared mother of baby&#8217;s death"},"content":{"rendered":"<p class=\"story-body__introduction\">Prosecutors in El Salvador are appealing against a retrial verdict that cleared a young woman of murdering her newborn child.<\/p>\n<p>Evelyn Hern\u00e1ndez, 21, was acquitted last month in a case which gained international attention.<\/p>\n<p>Her baby was found dead in a toilet in 2016 after she fainted. But she said she had been raped by a gang member and had not known she was pregnant<\/p>\n<p>Prosecutors will now make a fresh bid to send her back to jail.<\/p>\n<p>The attorney general&#8217;s office said there was &#8220;overabundant and unambiguous evidence about the criminal responsibility&#8221; of Ms Hern\u00e1ndez in her son&#8217;s death.<\/p>\n<p>But her lawyer, Bertha Mar\u00eda Dele\u00f3n, said: &#8220;It is shameful that they insist on criminally prosecuting a woman without evidence that she committed the crime.&#8221;<\/p>\n<p>Amnesty International said\u00a0<a class=\"story-body__link-external\" href=\"https:\/\/www.amnesty.org\/en\/latest\/news\/2019\/09\/el-salvador-fiscala-debe-dejar-criminalizar-evelyn-hernandez\/\" target=\"_blank\" rel=\"noopener noreferrer\">the decision to pursue an appeal was &#8220;appalling&#8221;<\/a>.<\/p>\n<p>Ms Hern\u00e1ndez was initially sentenced in 2017 to 30 years in prison for aggravated homicide, before the Supreme Court annulled the conviction and freed her in February this year, citing a lack of evidence. It ordered a retrial with\u00a0<a class=\"story-body__link\" href=\"https:\/\/www.bbc.co.uk\/news\/world-latin-america-49368632\" target=\"_blank\" rel=\"noopener noreferrer\">a new judge, who delivered the verdict in August.<\/a><\/p>\n<p>The treatment of Ms Hern\u00e1ndez prompted an outcry from human rights and women&#8217;s groups in the region and around the world. El Salvador has some of the world&#8217;s strictest abortion laws.<\/p>\n<p>Amnesty described last month&#8217;s verdict as a &#8220;resounding victory for the rights of women in El Salvador&#8221; and called on the government to &#8220;end the shameful and discriminatory practice of criminalising women&#8221;.<\/p>\n<p>But in its statement announcing the appeal, the attorney general&#8217;s office declared was &#8220;no reason to consider her a victim of anything. On the contrary, the only victim is her son&#8221;.<\/p>\n<p>Ms Hern\u00e1ndez had gone to the outhouse toilet at her home in rural El Salvador on 6 April 2016 with stomach pains and bleeding when she fainted.<\/p>\n<p>Her mother took her to the hospital, where doctors told her she had given birth. She was 18 at time and said she had not known that she was pregnant.<\/p>\n<p>She was arrested after the body of her baby was found in the toilet&#8217;s septic tank.<\/p>\n<p>She was initially accused of abortion but the charge was changed to one of aggravated homicide with prosecutors arguing she had hidden her pregnancy and not sought antenatal care.<\/p>\n<p>After the initial conviction, her lawyers bid for a re-trial by arguing that forensic tests showed the baby had died of natural causes and may have been stillborn.<\/p>\n<p>Ms Hern\u00e1ndez is yet to issue a statement on the prosecutors&#8217; decision.<\/p>\n<p>In August, as she stood on the steps of the courthouse after her acquittal, she said: &#8220;Thank God, justice has been done.<\/p>\n<p>&#8220;My future is to continue studying and to move forward with my goals. I am happy.&#8221;<\/p>\n<p>Source: <a href=\"https:\/\/www.bbc.co.uk\/news\/world-latin-america-49619151\" target=\"_blank\" rel=\"noopener noreferrer\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">Prosecutors in El Salvador are appealing against a retrial verdict that cleared a young woman of murdering her newborn child. Evelyn Hern\u00e1ndez, 21, was acquitted last month in a case which gained international attention. Her <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2019\/09\/09\/el-salvador-to-appeal-against-verdict-that-cleared-mother-of-babys-death\/\" title=\"El Salvador to appeal against verdict that cleared mother of baby&#8217;s death\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":15057,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[15,109,2,6],"tags":[2532,4993,6384],"class_list":{"0":"post-15518","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-human-rights","8":"category-headline","9":"category-news","10":"category-world","11":"tag-abortion","12":"tag-el-salvador","13":"tag-evelyn-hernandez","14":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/15518","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=15518"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/15518\/revisions"}],"predecessor-version":[{"id":15519,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/15518\/revisions\/15519"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/15057"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=15518"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=15518"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=15518"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}