El Salvador’s Human Rights Crisis Deepens as Gang Crackdown Escalates

A Sharp Escalation of Challenges in El Salvador

San Salvador, El Salvador - In March 2022, the government of El Salvador instituted an indefinite state of exception, sparking a sharp escalation in the long-standing challenges facing the country. This move has led to severe consequences for human rights in El Salvador.

The State of Exception: A Recipe for Human Rights Abuses

The state of exception has resulted in:

• Arbitrary Arrests and Incarcerations: Over 60,000 people suspected of gang activity have been arrested and incarcerated without due process.
• Suspension of Constitutional Guarantees: Freedom of assembly and association have been suspended, allowing for the suppression of peaceful protests and dissenting voices.
• Elimination of Rights: The right to privacy has been eliminated, as law enforcement is now allowed to access and surveil individuals’ communications without a court order.

The Consequences of the Gang Crackdown

The government’s gang crackdown has also led to:

• Severe Restrictions on Civil Liberties: The criminal code was amended to increase maximum punishment for being a gang leader or member, and pretrial detention is now mandatory for certain charges.
• Overcrowding and Inadequate Infrastructure in Prisons: The number of incarcerated persons has more than doubled, leading to acute overcrowding and inadequate infrastructure to ensure basic rights such as food, water, and healthcare.

A Human Rights Crisis

The situation has taken a toll on human rights in El Salvador. The University Observatory of Human Rights (OUDH) reported that between January 2020 and June 2022, there were:

• 4,060 Forced Disappearances: Relatives often face reprisals for speaking out about their cases publicly.

International Concerns

El Salvador’s human rights record has been criticized by international organizations. The country’s laws, policies, and practices have been accused of discriminating against certain segments of the population, including:

• Women
• Indigenous People
• Internally Displaced Persons
• LGBT+ Individuals

The government’s restrictions on asylum seekers have also raised concerns, with many facing discrimination and violence upon arrival in the country.

A Glimmer of Hope

Despite the challenges, there are some signs of improvement. The degree of gang territorial control has dropped sharply since the state of exception was implemented, allowing for greater freedom of movement within El Salvador.

Key Findings and Recommendations

• Key Findings:
  • Over 60,000 people have been arbitrarily arrested and incarcerated.
  • Constitutional guarantees of freedom of assembly and association have been suspended.
  • The government has increased the maximum punishment for being a gang leader or member.
  • Pretrial detention is now mandatory for certain charges, with no limit on the duration of detention.
  • Overcrowding and inadequate infrastructure in prisons have led to serious human rights concerns.
• Recommendations:
  • The government should immediately review its state of exception policy and restore constitutional guarantees of freedom of assembly and association.
  • The authorities should ensure that all detainees are provided with fair trials and access to legal counsel.
  • The government should take steps to address overcrowding and inadequate infrastructure in prisons, including providing adequate healthcare and sanitation facilities.
  • Efforts should be made to combat human trafficking and child labor, including increasing resources for antitrafficking prosecution teams and providing sufficient shelter and public services for survivors.