El Salvador’s Mass Trials Spark Controversy

Author: Aahana Nagwekar

October 21, 2026

HRRC condemns the mass trials of alleged gang members in El Salvador.  Mass trials raise severe concerns about due process and the right to a fair trial under international human rights law.

An alleged MS-13 gang member in handcuffs [Image credit: Wikimedia Commons]

Recently, El Salvador’s crackdown on gangs has moved further into the courtroom, where hundreds of defendants are now tried together. In April, a court began a collective trial of 486 alleged MS-13 gang members, one of the largest mass trials under President Nayib Bukele, according to the International Center for Transitional Justice. Prosecutors cite more than 47,000 crimes between 2012 and 2022.

The trials grew out of the state of emergency imposed in 2022. Security forces have since detained more than 91,500 people, and Congress approved a decree permitting mass proceedings. The government claims that the homicide rate fell to 1.3 per 100,000 last year, from 7.8 in 2022.

However, rights groups see a steep cost. A Human Rights Watch report found vague charges, weak evidence and faulty proceedings, with many convictions resting on a loosely defined “collaborator” standard. The outlet estimates about 120,000 people are imprisoned, accounting for roughly two percent of the population.

Defense lawyers describe a system stacked against them. El País reviewed files on 1,226 defendants and found only two arrests followed a warrant, according to the Latin Times. JusticeInfo reports that legal reforms ended individualized responsibility and preliminary hearings, and some lawyers weren't even told of the charges. 

Ultimately, El Salvador’s mass trials highlight a difficult question facing governments combating organized crime: how far can the state go in pursuing security without undermining the legal protections meant to safeguard its citizens? Although the government points to declining homicide rates as evidence of success, human rights advocates argue that public safety should not come at the expense of fair trials and individual accountability. The outcome reflects a serious trade-off between security and due process, with long-term implications for the country’s justice system and the rights of those accused of crimes.

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Glossary

• Alleged – declared or stated to be as described; asserted

• Crackdowns – the severe or stern enforcement of regulations, laws, etc.

• Decree – a formal and authoritative order, especially one having the force of law

• Defendants – Law. a person, company, etc., against whom a claim or charge is brought in a court (opposed to plaintiff)

• Due Process – the regular administration of the law, according to which no individual may be denied their legal rights and all laws must conform to fundamental, accepted legal principles, such as the right of the accused to confront their accusers.

• Incarcerations – to imprison; confine

• MS 13 Gang: a notorious street gang that originated in the 1980s among Salvadoran refugees in Los Angeles, California, before spreading to El Salvador, Central America, Mexico, and the United States

• Preliminary Hearings – a court proceeding where the prosecutor must show that enough evidence exists to charge the defendant

• Proceedings – a particular action or course or manner of action.

• Prosecutors – a person, as a complainant or chief witness, instigating prosecution in a criminal proceeding

• Stacked – create an unfair disadvantage for which success is unlikely 

• Undermining – the act or process of weakening something

• Warrant – authorization, sanction, or justification