The State of Exception: A Perpetual Emergency

For over three years, El Salvador has existed under a state of exception, initially declared to address escalating gang violence. Extended a staggering 42 consecutive times, this measure has created a legal framework that permits mass detentions without due process, suspends crucial judicial guarantees, and imposes excessively lengthy administrative detentions. What began as an emergency response has morphed into a normalized system of repression, effectively circumventing the safeguards of a fair and impartial justice system.

Simultaneously, recent legal reforms in criminal matters and procedure have further eroded protections for the accused. These changes include concealing the identities of judges – a move that undermines transparency and accountability – automatically applying pre-trial detention, and imposing harsher penalties, even on children and adolescents. These reforms have drawn condemnation from regional and international human rights bodies, who assert they violate established international standards.

“Instead of impartially delivering justice, the criminal justice system in El Salvador has become a weapon to punish dissent and stifle civic space. Defending human rights or protesting peacefully can cost you your freedom today,” stated Ana Piquer, Americas Director at Amnesty International. Source: Amnesty International

Criminalizing Dissent: The Targeting of Human Rights Defenders

Amnesty International’s investigations reveal a disturbing pattern of authorities utilizing broadly defined and ambiguous criminal classifications – such as “illegal groups” and “terrorist organizations” – to unjustly target community leaders, trade unionists, and environmental defenders. Local organizations have documented over 70 cases of arbitrary detention and judicial processes lacking fundamental due process guarantees.

In July 2025, Amnesty International designated Ruth López, Alejandro Henríquez, and José Ángel Pérez as prisoners of conscience, concluding they were imprisoned solely for their peaceful advocacy for human rights and freedom of expression. Despite the state of exception not explicitly applying to common crimes, prosecutors and judicial authorities have exploited its provisions – including extended administrative detention and suspension of procedural safeguards – against these individuals, even though their charges are unrelated to gang activity.

Alejandro and José Ángel, facing charges of resistance and public disorder, recently had their investigation phase extended for an additional three months without any new evidence presented. This blatant disregard for the right to a timely trial underscores how pre-trial detention has become a form of preemptive punishment, irrespective of the alleged offense. Ruth López’s case is marred by arbitrary changes to the accusations against her and a complete lack of transparency.

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Prisons as Instruments of Torture and Control

The conditions within El Salvador’s prisons remain deeply alarming. Prolonged solitary confinement, severe overcrowding, inadequate medical care, and the ever-present risk of torture characterize the penal system. This suffering extends beyond those incarcerated, profoundly impacting their families.

The case of constitutional lawyer Enrique Anaya exemplifies the dangers faced by individuals when their right to effective legal representation is deliberately curtailed, leading to a deterioration of his health while in detention. Fidel Zavala, a spokesperson for UNIDECH, faces a credible threat of torture or cruel, inhuman, or degrading treatment within a prison system characterized by opacity, impunity, and a lack of external oversight.

“Prolonged solitary confinement and inhumane detention conditions are part of a deliberate strategy to instill fear and break both detainees and the communities they represent. The impact is devastating: self-censorship, reduced activities and an increasingly suffocated civic space,” added Ana Piquer.

On September 23, 2025, the Inter-American Commission on Human Rights (IACHR) issued precautionary measures for Ruth López and Enrique Anaya, warning that their prolonged solitary confinement and indefinite detention posed a grave risk to their lives, health, and integrity. The organization demanded the immediate cessation of their isolation and adherence to international detention standards.

What responsibility does the international community have to intervene in situations where a nation’s legal system is demonstrably used to suppress fundamental human rights? And what effective mechanisms exist to hold governments accountable for such abuses?

Amnesty International urgently calls for the immediate and unconditional release of all individuals detained solely for exercising their human rights peacefully. The organization also implores Salvadoran authorities to fully comply with the IACHR’s precautionary measures concerning Ruth López and Enrique Anaya. Furthermore, it urges the international community to intensify its scrutiny of El Salvador to curb the misuse of the justice system as a tool of repression. Learn more about the Rule of Law from the United Nations.

Frequently Asked Questions About the Human Rights Situation in El Salvador

1. What is the state of exception in El Salvador, and how long has it been in effect? The state of exception is a legal measure implemented in El Salvador to address gang violence, initially declared over three years ago and extended 42 consecutive times.
2. How are human rights defenders being targeted in El Salvador? Authorities are using broad criminal classifications to unjustly target community leaders, trade unionists, and environmental defenders, leading to arbitrary detentions and unfair trials.
3. What are the conditions like in El Salvador’s prisons? Prisons are characterized by prolonged solitary confinement, overcrowding, inadequate medical care, and a high risk of torture.
4. What is the role of the Inter-American Commission on Human Rights (IACHR) in this situation? The IACHR has granted precautionary measures to Ruth López and Enrique Anaya, warning that their detention conditions pose a serious threat to their lives and health.
5. What is Amnesty International calling for in response to the crisis in El Salvador? Amnesty International is demanding the immediate and unconditional release of all those detained for peacefully exercising their human rights and full compliance with international human rights standards.