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Bukele Proposes Conditional Release of Up to Half of Prisoners Detained Under State of Emergency

By Drooid · · How we work

Core Announcement: Conditional Early-Release Plan

President Nayib Bukele announced on Tuesday, October 13 that his government is studying a mechanism to grant conditional early release to roughly 50 % of individuals incarcerated during the state of emergency. The proposal would target “gang collaborators,” a category that can include lookouts, extortion payers and others who assisted criminal groups. Bukele said authorities will review each case, retain monitoring after release, and that the measure does not constitute a full absolution.

Background: State of Emergency and Mass Arrests

El Salvador declared a state of emergency in March 2022 after a surge in gang-related violence. The decree has been repeatedly extended by the Legislative Assembly, allowing security forces to suspend several constitutional guarantees, including the right to be informed of detention reasons, access to counsel and visitation. Since its inception, the government reports that more than 90,000 people have been arrested on suspicion of gang affiliation or collaboration; a separate source cites more than 93,000 arrests. The policy is credited by officials with driving the homicide rate down from a 2015 peak of over 100 murders per 100,000 residents to 1.3 per 100,000 in 2025, though the definition of homicide has been narrowed to exclude police killings, prison murders and bodies found in unmarked graves.

Data Overview

  • Arrests: > 90,000 (government figures) vs. > 93,000 (authorities’ cumulative count).
  • Complaints: Human-rights organizations have logged over 6,000 formal complaints about arbitrary detentions.
  • Deaths in Custody: At least 575 detainees have died while in government custody, according to rights groups.
  • Homicide Trend: Government statistics show a decline from > 100/100,000 (2015) to 1.3/100,000 (2025).

Official Statements & Responses

He framed the release plan as an “exception” for those whose involvement was limited and stressed that beneficiaries would remain subject to monitoring.

The president reiterated his intention to eventually end the state of emergency while defending its continuation as essential to protect citizens from gang violence.

Criticism & Opposition

Amnesty International released a July report documenting arbitrary detentions, due-process violations, torture, enforced disappearances and deaths in state custody.

Human Rights Watch reported on October 7 that mass trials conducted this year suffer from “serious deficiencies in defense guarantees,” raising concerns about the fairness of the judicial process.

Both organizations argue that the lack of transparent criteria for the proposed releases and the continued suspension of fundamental rights undermine the rule of law and could perpetuate injustices against those already detained.

Verbatim Quotes

  • “There are many people who have indeed committed crimes, but their crime was collaborating with gangs,” — Nayib Bukele, salvadoran president

What’s Next

The government has not disclosed a timeline for implementing the review mechanism, nor has it specified the exact number of inmates who may qualify. The state of emergency remains in force, and the Legislative Assembly is expected to consider any legislative adjustments required for the release program. Until detailed procedures are published, the proposal remains a study rather than an actionable decree.