El Salvador's State of Exception: Four Years of Controversy and Human Rights Violations

In March 2022, El Salvador's Legislative Assembly, dominated by President Nayib Bukele's Nuevas Ideas party, approved a state of emergency following a surge in homicides. This measure, initially intended as a temporary response to gang violence, has since evolved into a prolonged security policy that has led to significant human rights violations. As of March 2026, the state of exception has been extended 49 times, resulting in the mass detention of over 91,000 individuals, many without due process.

El Salvador: Bukele´s State of Emergency Marks Four Years

Human rights organizations, including the Washington Office on Latin America (WOLA), have condemned the indefinite extension of the state of exception, citing patterns of arbitrary detentions, enforced disappearances, and torture. Reports indicate that at least 510 detainees have died in prisons during this period, with many deaths attributed to violent circumstances or inadequate medical care. The lack of investigations into these deaths raises concerns about the state's ability to protect the rights of those in custody.

Washington Office on Latin America

Legal reforms under Bukele's administration have further eroded judicial independence, allowing individuals to remain incarcerated for extended periods without trial. Critics argue that this institutional decay undermines the rule of law and eliminates essential checks and balances within the democratic framework.

Washington Office on Latin America

The Bukele administration defends the state of exception as a necessary measure in its "war on gangs," claiming it has successfully reduced homicide rates and liberated territories from gang control. Official statistics suggest a decline in homicides since 2016, although the legitimacy of these claims is contested by various human rights advocates. Despite widespread allegations of abuses, polls indicate that approximately 85% of the population supports the government's approach to combating gang violence.

El Salvador: Bukele´s State of Emergency Marks Four Years

Recent legislative actions have included the approval of life imprisonment for minors accused of serious crimes, a move that has drawn criticism for eliminating juvenile benefits and increasing punitive measures. Critics, including representatives from the Movement of Victims of the Regime, argue that the government's tactics have resulted in a lack of justice and the continued detention of innocent individuals.

El Salvador: Bukele´s State of Emergency Marks Four Years

WOLA emphasizes the importance of U.S. oversight regarding security cooperation with El Salvador, urging that any assistance be contingent on respect for human rights and the restoration of constitutional guarantees. The organization calls for an end to the state of exception and the implementation of security policies that adhere to international human rights standards.

Washington Office on Latin AmericaEl Salvador: Bukele´s State of Emergency Marks Four Years

There are discrepancies in reported figures regarding deaths in custody, with some sources citing 482 deaths while others report 510. Additionally, the extent of public support for the government's measures remains debated, with varying interpretations of survey data.

Washington Office on Latin America

• “These deaths–the vast majority of which have not been investigated–demonstrate the state’s inability, or unwillingness, to guarantee the right to life of those in its custody.” — Washington Office on Latin America

Washington Office on Latin America

• “neither justice nor the release of innocent people,” — Samuel Ramirez, Movement of Victims of the Regime

El Salvador: Bukele´s State of Emergency Marks Four Years

The ongoing situation in El Salvador highlights a complex interplay between security measures and human rights, raising critical questions about the future of democracy and the rule of law in the country.

Washington Office on Latin America