IACHR calls on El Salvador to repeal the state of exception that has been in place for more than two years

The Inter-American Commission on Human Rights (IACHR) on Wednesday asked El Salvador to repeal the state of exception that is maintained in the country for more than two and a half years under the pretext of combating the fearsome gangs. The organization also requests the restoration of the suspended rights.

The IACHR published the report on “State of Exception and Human Rights in El Salvador” which analyzes the policy implemented by the government of Salvadoran President Nayib Bukele since March 27, 2022, which maintains the suspension of fundamental rights such as the right to be assisted by a lawyer or the right to know the charges of an arrest.

The impact of gangs in El Salvador was observed by the organization in 2021 and, again, on Wednesday in its statement regarding the effects it has on human rights.

While the IACHR recognizes that the implementation of the state of emergency resulted in “an unprecedented reduction in acts of violence,” it points out that the figures reported by the State “show that the emergency situation has been overcome and that, therefore, there is no situation that justifies maintaining the suspension of rights and guarantees in accordance with the requirements of the American Convention.”

He also stressed that “this exceptional mechanism cannot become part of its permanent citizen security policy.”

The IACHR’s statement came a day after Congress approved the thirtieth extension of this measure on Tuesday night, and days after Bukele raised in an interview the possibility of doing away with the state of emergency in the short term.

Human rights organizations and activists have repeatedly questioned the situation in El Salvador and have reported cases of torture and deaths of detainees in prison.

The Inter-American Commission highlighted in this regard that there are arbitrary detentions and “lack of evidence to support the charges,” as well as “abuses in the imposition of pretrial detention, the holding of mass court hearings, limitations on the exercise of the right to defense and judicial guarantees, disrespect for due process of law, among others.”

According to figures from the Salvadoran government, more than 81,900 people have been arrested during the state of emergency, labelled “terrorists” by the authorities. Most of them are in prison without having been sentenced and the government itself has acknowledged that it has had to release more than 7,000 detainees during this time due to lack of evidence.

The IACHR also recommended that mass court hearings—joint criminal proceedings for gang members without identifying the responsibilities of the accused—be stopped.

He also requested that family visits be guaranteed to prisoners, as well as visits from representatives of human rights organizations in all prisons. He also pointed out that a register of all persons deprived of liberty be kept, a policy of care for victims of gangs be created, and a register of victims of human rights violations in the state of emergency be drawn up.

Under the state of emergency, security forces can intercept telecommunications without a court order and detention without a court hearing is extended from 72 hours to 15 days. Congress also approved reforms to the Penal Code to make gang membership a crime, which carries sentences of 20 to 40 years in prison. Leaders can receive sentences of up to 60 years.

According to official figures, so far in 2024 there are reports 177 days without homicides and a considerable reduction in criminal violence in the Central American country, which in 2015 was considered one of the most violent countries in the world with 6,656 homicides.

So far this year, the police have recorded 90 homicides, including the deaths of three suspected gang members, also in alleged clashes with the police or the Armed Forces.

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