State of exemption extension in El Salvador likely to lead to further human rights violations

Human Rights Research Center
23 minutes ago
3 min read

April 2, 2026

HRRC strongly condemns El Salvador’s decision to extend the state of exemption within the country. The policy has allowed authorities to arrest and imprison individuals without the need for a warrant or sufficient evidence, leading to the incarceration of thousands of innocent citizens. These citizens must have their rights protected and pressure must be applied to President Nayeb Bukele and his government to reconsider this extension.

Prisoners in their cell in Tecololuca, El Salvador [Image credit: AP Photo/Salvador Melendez]

In March 2022, the regime in El Salvador introduced a state of exemption as a temporary measure to try and control an escalation in gang violence; however, this law continues to be used by authorities to arrest individuals without a warrant or sufficient evidence. The temporary nature of the law has again been questioned, with the latest Congress-approved extension drawing disapproving comments from international lawyers, who have stated that crimes against humanity are likely to occur due to this bill.

In the last four years, 91,000 people have been imprisoned in El Salvador, many of whom have remained in captivity without trial, and legal teams who are employed to assist prisoners have been overwhelmed by the huge increase in caseloads. It also means that administrative checks within the legal system are not being applied as efficiently as in the past, which has led to an overall deterioration.

President Nayib Bukele has stated that, due to the strict detention policies introduced, El Salvador is now one of the “safest countries in the Western hemisphere”; however, the human rights violations that have occurred both inside the country’s prisons and outside on the streets have been widespread.

There has been an increase in the number of deaths in detention as well, with the adverse conditions having an effect on these pre-trial detainees. It has been reported that, since 2022, more than 400 people have lost their lives while incarcerated. Socorro Jurídico Humanitario, a social justice NGO that works directly with the families of those imprisoned, has estimated that 94% of those who died in prison had no ties to any of El Salvador’s street gangs.

For the innocent people living in El Salvador, the threat of arrest also remains, with Bukele himself admitting that 8,000 people arrested and imprisoned since 2022 have been completely innocent. There have also been over 540 cases of enforced disappearance, with human rights organisations believing that such significant numbers are indications of a state-wide policy being overseen by Bukele’s government.

The decision to extend El Salvador’s state of exemption will lead to continued violations of human rights against all civilians. Pressure must continue to be put on the government to ensure that the aim of reducing gang violence is not used as an excuse when justifying the violation of an individual’s civil rights.

Glossary

Caseloads — the number of cases or legal matters that a lawyer, court, or organisation is responsible for at a given time
Crimes against humanity — serious acts such as murder, torture, imprisonment, or enforced disappearance committed as part of a widespread or systematic attack against a civilian population, usually carried out by a state or organised authority
Detention — the act of keeping someone in custody, especially by authorities, often before trial
Detainees — people who are being held in custody, usually without having been convicted of a crime
Deterioration — the process of becoming worse in quality, condition, or situation
Enforced disappearance — the secret abduction or detention of a person by the state or its agents, followed by a refusal to acknowledge their fate or whereabouts
Imprisoned — put or kept in prison
Incarcerated — formally confined in prison or jail
Regime — a government, especially one that is seen as authoritarian or not democratically elected
State of exemption — a temporary legal measure allowing governments to suspend certain rights or normal legal procedures, often during emergencies
State-wide — affecting or happening across an entire state or country
Violations — actions that break or go against laws, rules, or rights
Warrant — an official legal document that gives authorities permission to carry out actions such as arrests or searches
Widespread — existing or happening over a large area or affecting many people

Sources

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State of exemption extension in El Salvador likely to lead to further human rights violations

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