CCPR/C/119/D/2613/2015 Press, gangs were responsible for more than 50 per cent of homicides. 21 The author notes that, in October 2012, the United States of America Department of Treasury described the MS-13 gang as a “transnational criminal organization”.22 3.5 The author claims that State-led efforts to broker a truce between the gangs in March 2012 were ineffective and that the MS-13 gang has grown more sophisticated in its attacks and operations, which places the author in further jeopardy. Accordingly, he contends that he would most likely be killed if he were returned to El Salvador. 3.6 The author claims that the negative 2015 pre-removal risk assessment decision, in which it was found that he would not be subjected to a risk of torture, risk to life or risk of cruel and “unusual” punishment upon his return to El Salvador, contained multiple errors. First, the assessment was not made in a timely manner: his request was submitted on 20 October 2010 and the negative decision was only received on 20 October 2015. The author claims to have been prejudiced by the passage of time. For instance, the assessment officer noted that, after years of threats, the applicant’s family “has not been physically harmed” thanks to the police protection they receive. The author believes that the assessment would probably have been different if it had been made in a timely manner. 3.7 Second, the author claims that the pre-removal risk assessment officer did not adequately address the two key pieces of evidence. He dismissed for “lack of sufficiency” the statement of the Salvadoran police officer that the State party was unable to protect the author. He then dismissed the affidavit evidence of an expert in gang violence in Central America, on the grounds that the expert did not have specific knowledge of the author’s circumstances and that his conclusions regarding the actions that the MS-13 gang would take against the author were speculative. The author notes that the expert provided extensive information about the way gangs operate and the general risk faced by individuals targeted by gangs, particularly when they were witnesses and victims of gang crimes, and about the inability of the State party to protect the victims. The author considers that this analysis clearly shows the risk he would face if returned to El Salvador. 3.8 Third, the author claims that the pre-removal risk assessment officer erred by focusing solely on efforts taken by the State party to protect people from gang violence, mainly through legislative measures, and not on the effective implementation of such measures. The author complains that the Officer cites efforts of a “gang truce” as evidence of the efforts of the Government, despite documentation provided in October 2014 stating that the truce no longer existed and that issues such as extortion and homicide were on the rise again. 3.9 The author also alleges that he suffers from depression and chronic post-traumatic stress disorder, and that he is highly vulnerable to psychological collapse in case of return to El Salvador. 23 He also indicates that the situation has negatively affected the mental health of his wife, who suffers from depression, and the emotional well-being of his daughters, as they live in fear for their safety. 24 3.10 The author states that protection from refoulement is recognized internationally as a fundamental human right. 25 He notes that international treaties and customary law 21 22 23 24 25 Source not provided. See, for example, Immigration and Refugee Board of Canada, “El Salvador: The presence and activities of Mara Salvatrucha (MS or MS-13) and of Barrio 18 (Mara 18 or M-18) in El Salvador, including recruitment; information on measures taken by authorities to fight maras, including legislation and protection offered to victims of the maras” (14 July 2014), tab 1, p. 3.; and Congressional Research Service, “Gangs in Central America”, 20 February 2014, Tab 2, p. 1. A medical certificate dated 15 March 2012 is provided, stating that the author is “afflicted by chronic post-traumatic stress disorder … and depression secondary to his persecution and abuse in El Salvador” and that “he is highly vulnerable to psychological risk and collapse, should he be required to return to El Salvador”. The author includes a medical certificate dated 15 July 2011 about the mental health of his wife, according to which she “has been known by [the National Psychiatric Hospital] since November 2006, and has been diagnosed with major depressive disorder”. See general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para. 3. 5