Under the state of exception in El Salvador, security has come at a high price: thousands of people have been detained without solid evidence, while reports of human rights violations continue to rise. Is it possible to balance the fight against crime with respect for fundamental rights?
Denied Rights in Latin America
In El Salvador, the right to a fair trial and protection against arbitrary detentions have been called into question under the state of exception implemented since March 2022. This measure, approved by the Legislative Assembly after a weekend with 70 homicides, was designed to combat gangs that had spread death and terror across the country. However, three years later, reports of human rights violations and unjust detentions have cast a shadow over its results.
The state of exception, driven by the ruling party Nuevas Ideas, allowed security forces to carry out massive operations in neighborhoods and communities historically controlled by gangs. «It was a necessary measure to restore peace,» stated Christian Guevara, head of Nuevas Ideas’ legislative faction. Arrests skyrocketed: over 60,000 people were detained in just a few months, according to official figures. Among them were not only gang members but also civilians accused without solid evidence.
René Merino Monroy, Minister of Defense, highlighted the role of the Army and Police in these operations. «We have regained territories that were in the hands of criminals,» he assured. However, human rights organizations have documented cases of arbitrary detentions, warrantless searches, and the lack of procedural guarantees for detainees.
Cecot: The Symbol of the Iron-Fist Policy
To house those considered «the most dangerous,» the government built the Terrorist Confinement Center (Cecot), a mega-prison with a capacity for 40,000 inmates. Conditions inside this facility are extreme: overcrowded cells, cellphone signal blockers, and an isolation regime that has been widely criticized for its severity. «There are no privileges here,» declared Gustavo Villatoro, Minister of Security, during a visit to the site.
Although authorities claim that Cecot is a security model, organizations like Amnesty International have denounced that its conditions violate international human rights standards. Additionally, mixing rival gang members in the same space has raised tensions and questions about the long-term effectiveness of this strategy.
El Salvador: Injustices Amid the Fight Against Crime
The state of exception has taken a painful toll on thousands of families. According to official data, around 5,000 people have been released after proving they had no links to gangs. However, many spent months or even years in prison without access to a fair trial.
The Movement of Families of Regime Victims (Movir) has emerged as a critical voice against these practices. «My son was detained without evidence. They accused him of being a gang member, but he was just a young man working to support his family,» said a member of the organization, who preferred to remain anonymous.
The Catholic Church has also raised its voice. José Luis Escobar, Archbishop of San Salvador, has stressed the importance of avoiding injustices in the name of security. «Peace is not built through human rights violations,» he stated.
The Political and Social Cost
President Nayib Bukele has made the fight against gangs the central axis of his government. With approval ratings exceeding 80%, according to polls, he has gained political capital both nationally and internationally. However, his iron-fist strategy has been questioned by those demanding a balance between security and justice.
In communities like La Campanera, once dominated by gangs, the change is evident. Graffiti glorifying gang culture has been replaced by artistic murals, and residents celebrate the reclaiming of their streets. But in other areas, fear of arbitrary detentions persists.
Meanwhile, in prisons like the Santa Ana Prison-Farm or La Esperanza, known as Mariona, common inmates participate in social reintegration programs. «Here, we work, learn trades, and try to change,» said an inmate. However, for gang members confined in Cecot, the future seems like a life sentence.
How Long Will the State of Exception Last?
Authorities insist that the state of exception will continue «as long as necessary.» For many Salvadorans, this measure has provided relief after decades of violence. But for others, it has become synonymous with injustice and human rights violations.
The challenge now is to find a balance between security and justice, ensuring that the fight against crime does not become a tool of oppression. Meanwhile, the voices of those who have been victims of arbitrary detentions continue to cry out to be heard in a country striving to heal its wounds.
