Thursday, 19th September 2024

El Salvador court free's woman jailed over stillbirth

A court in El Salvador has freed a woman who was sentenced to 30 years in prison after she gave birth to a stillborn baby in a toilet

Saturday, 16th February 2019

A court in El Salvador has freed a woman who was sentenced to 30 years in prison after she gave birth to a stillborn baby in a toilet.

Evelyn Beatríz Hernández Cruz, 20, had served nearly three years of her sentence for aggravated homicide.

After serving 33 months for aggravated homicide, Hernandez smiled as she was reunited with her parents and a brother in the capital San Salvador.

The court in Cojutepeque, east of the capital, ruled that she will be retired but while living at home. A hearing has been set for April 4, with a new judge, her lawyer Angelica Rivas said.

El Salvador has an extremely strict abortion ban. Hernandez gave birth in the makeshift bathroom of her home in the central Cuscatlan region. She was 18 years old and eight months pregnant.

She said her son was stillborn but was convicted of murdering him, abortion rights group ACDATEE said.

ACDATEE cited a pathologist's report which it said indicated the baby had choked to death while still in the womb.

Prosecutors argued Hernandez was culpable for not having sought prenatal care, ACDATEE said.

She and her lawyers have always maintained she was unaware she was pregnant and no crime had occurred.

She got pregnant as the result of a rape, which she did not report out of fear because her family had been threatened.

Even women who abort due to birth defects or health complications risk jail sentences of up to 40 years in El Salvador. Campaigners say some have been jailed after suffering miscarriages.

The country's abortion law made international headlines in 2013 when a sick woman was forbidden from aborting a fetus which developed without a brain.

Rights organizations in El Salvador says there are still at least twenty other women in jail under the country's strict abortion laws. In the last decade, campaigners have managed to free around 30 through evidence reviews and retrials.