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Buying clothes turned into a lesbian-hating attack at a store in El Salvador on September 14 when security guards confronted and beat a couple at the Imperio USA store, located in front of Francisco Morazán Square.

“We arrived at the store in the morning and shared a kiss between the shelves. A security guard approached us aggressively and demanded that we leave the premises,” the couple told Presentes.

They demanded to see the establishment's code of conduct. The response was that two more armed security guards surrounded them and forcibly removed them.

“They kissed and immediately a security guard approached them violently and began to say lesbophobic things to them, telling them that they should find husbands and that those things were not allowed there,” Lissania Zelaya, a member of the AMORALES collective, told Presentes.

AMORALES is an organization of feminists, artists, and professionals that promotes human rights and the occupation of public spaces for women and gender non-conforming people. The day after the attack, on Independence Day, they participated in the massive march against the government, demanding the passage of the Bitcoin law, constitutional reform, and the dismantling of the judiciary.

“There was a woman who defended them inside, apparently an employee who defended them and told them, 'Daughters, you better leave because these men are macho.' The coworker says that as she turned around, the guy came and hit her from behind. When I arrived, we checked on the coworker and she clearly had signs of violence on her back,” Lissania said.

The police against the victims

When they were attacked from behind, the couple defended themselves, leading to an altercation with their assailants. Warehouse staff called the police, who initially threatened to arrest the victims for “causing a public disturbance.” The victims were then surrounded by police, military personnel, and the security guards who had attacked them.

“These individuals (attackers) laughed and laughed in front of the police, and even the warehouse manager told the security guard—there is also protection from the manager towards this guard—to leave because we are at that moment filing the complaint,” Lissania added.

Although the victims gave an initial statement to the police at the scene of the attack, they were unable to arrest the main aggressor because he was protected by the warehouse manager.

“At first they labeled it a public disturbance. I argued that it couldn't be a public disturbance, nor a fight or brawl, because there was no proportionality in the use of force and the possession of weapons. My companions were two women who were unarmed; they were three men, one of whom had a firearm, the others had batons and handcuffs as well. There were three armed men facing two unarmed women,” Lissania lamented.

Presentes contacted the police station responsible for the area where the attack occurred. When asked why they hadn't arrested the assailant, they simply replied that "they did file a report for assault" without providing further details.

“There can be no trust in the police because even when my colleagues were filing the complaint, the police told them that they appeared in the video and that they had also raised their hand to the security guard. But in reality, my colleagues were defending themselves. They have also tried to dissuade my colleagues from filing the complaint,” Lissania lamented.

Attacks with impunity

El Salvador, which reports high rates of discrimination and murders against the LGBTI population, had until June 2019 Presidential Decree No. 56, which prohibited discrimination based on gender identity and sexual orientation in all state institutions. 

However, President Nayib Bukele eliminated the sexual diversity directorate where complaints of human rights violations against the LGBTI population were handled.

“In El Salvador, this has happened in several companies, in restaurants, in shopping centers, and we believe it is necessary that these situations be regulated within the Comprehensive Law for a Life Free of Violence (LEIV) expressly as a hate crime, because our colleagues were not doing anything that violated public order and social peace, which is what they always claim, and they were fully exercising their rights,” Lissania pointed out.

The work carried out by the former sexual diversity directorate was transferred to the gender unit of the Ministry of Culture, and inter-institutional committees were created in the ministries of labor and security, which do not function in the current administration.

“We believe it is important that these complaints set a precedent so that women don't have to experience this type of violence, but rather are protected, and that those around us know that it is a legitimate right being claimed and defended. We believe it is necessary to recognize that these types of actions motivated by hate exist,” Lissania pointed out.

The now-defunct department created the 131 telephone line to handle complaints, provide guidance on rights, and offer psychological support when needed. However, the current government transferred the number to the Ministry of Health to serve pregnant women, children under five, and people requiring mental health care.