El Salvador’s State of Exception: An Ongoing Human Rights Dilemma
In March 2022, El Salvador’s president, Nayib Bukele, issued a month-long state of emergency to address the country’s issues with gang membership and subsequent violence. However, this state of emergency has continuously been extended, and is still in effect today, suspending various constitutional rights of El Salvador’s citizens in the process. Mass arrests have led to the apprehension of 70,000 prisoners, many of whom are coming from communities ruled by gangs, and therefore seen as affiliated. The government’s broad arrest procedures, as well as their treatment of inmates both through judicial processes and in prison, have been called into question by various national and international human rights organizations. Their ongoing involvement indicates the need for heightened attention to enforcing internationally recognized human rights, such as protection from arbitrary detentions and imprisonment, as well as the right to free and fair trials.
Bukele’s approach to eradicating gang violence stems from a prolonged history of presidential attempts to address the issue after the 1992 Civil War. A time characterized by brutality and fear, the war forced 20 to 25 percent of the population to flee the nation. Aided by extreme social, political, and economic instability after the war, gangs like MS-13 and Barrio 18 came to power, engaging in violent activities such as kidnapping, extortion, and murder. A breaking point was reached in March of 2022 when 87 murders were reported in one weekend, sparking President Bukele’s declaration of a War on Gangs. What followed were mass arrests of tens of thousands of citizens, totaling nearly 2% of the adult population.
As for those arrested, their daily reality is bleak: visits are forbidden, no educational programs are provided, and prisoners are not permitted to go outside. These arbitrary detentions are accompanied by a lack of free and fair trials, as many prisoners are often tried together as large groups rather than on an individual basis. In July 2023, Justice Minister Gustavo Villatoro declared that up to 900 defendants from the same criminal cell can be tried together. The massive amount of cases on judges' dockets ensures that there is virtually no chance of individual attention, intensifying the chances of wrongful imprisonment.
While the government claims they have no interest in arresting innocent civilians, numerous complaints have been lodged by officers nationwide about requirements to reach quotas of detainees. One colonel, who wished to remain anonymous, informed Reuters that military chiefs request 30 daily arrests per brigade. Concerns are being raised over the part these quotas are playing in facilitating the arrest of innocent individuals.
The El Salvador government has officially acknowledged that 6,000 people have been unjustly arrested since the start of the state of emergency. To accommodate the thousands of new prisoners, a new mega-prison was constructed. Authorities claim it to be the largest in the Americas with a capacity of 40,000 prisoners. Unveiled in February of 2023, the prison is named the “Terrorism Confinement Center,” and has been widely criticized by human rights organizations for its harsh model of corrections and lack of rehabilitation objectives.
The sustained renewal of the country’s state of emergency opens the path for continued mass incarceration and limitation of constitutional and due process rights. Major concerns were raised by both members of the community and experts from the United Nations Human Rights Council. The UNHRC has called upon the country’s leaders to ensure El Salvador’s security within the confines of international law, emphasizing the need for the right to a fair trial and the prevention of arrests based on mere suspicion of gang affiliation. As of May 2023, El Salvador's national human rights institution had collected around 8,000 complaints of rights violations. Their spokesperson, Maya Hurtado, stated that overly repressive penitentiary models often reduce rates of reintegrating prisoners into society, and that “finding long-term solutions to insecurity and crime will require addressing the root causes of gang violence, such as social inequalities, marginalization, and the lack of effective social policies and governance.”
In contrast to expert opinion, Bukele’s mass arrests are still widely popular among Salvadorans, many of whom feel like they can enjoy life without fear of gang oppression for the first time in recent years. Many report increased feelings of freedom in being able to enjoy public spaces without fear of gangs. Surveys show that 92% of the population supports the state of emergency, due in large part to the increased safety that has accompanied Bukele’s measures. He has become one of Latin America’s most popular leaders, with 68% of citizens in favor of his bid for a second term, despite explicit constitutional rules against consecutive terms. A local newspaper, La Prensa Grafica, writes that “‘there are citizens who are convinced the constitution does not allow it, but they will still vote for Nayib Bukele.’”
Despite objections from domestic and international human rights advocates, the use of mass trials by El Salvador remains prevalent. In the words of Manuel Melendez, a Ph.D. candidate at Harvard University and Salvadoran politics researcher, "'We're not arresting innocent people' turned into 'We're arresting innocent people but not keeping them,' which turned into 'We're keeping them but the courts will set them free eventually.’" The ongoing coverage of these conditions by a multitude of news outlets and human rights organizations suggests that the government in El Salvador has no intention of altering its course in the carrying out of arrests, and thus individuals will continue to be subjected to questionable treatment.
Photo Credit: La Prensa Gráfica Noticias de El Salvador