Serious violations of human rights in El Salvador in the context of the state of emergency have reached alarming levels, with over 84 000 detentions, many of them arbitrary, and hundreds of reports of torture, forced disappearances and deaths in state custody.
On 12 February 2025, the Legislative Assembly approved reforms that exacerbate and facilitate continued human rights abuses, particularly against persons not yet of legal age (18 years), as documented by civil society organizations and regional and international human rights bodies.
Amendments to the Prisons Law, the Juvenile Criminal Law and the Law against Organized Crime worsen the conditions of persons deprived of their liberty and establish a disproportionate and punitive prison treatment, particularly for children and adolescents. These reforms consolidate mass repression without adequate safeguards, which could lead to further human rights violations.
In this regard, Ana Piquer, Americas director at Amnesty International, stated:
The reforms that came into effect on 22 February institutionalize deprivation of liberty as the state’s only response, including for children, in clear violation of international human rights standards
-Ana Piquer, Americas director at Amnesty International
“Since the declaration of the state of emergency in March 2022, the government of El Salvador has dismantled due process guarantees and normalized mass detentions with insufficient evidence. The reforms that came into effect on 22 February institutionalize deprivation of liberty as the state’s only response, including for children, in clear violation of international human rights standards.”
“Using the legislative branch to consolidate a model of unchecked repression shows that emergency rule is no longer a temporary measure, but a permanent government strategy.”
Children treated as adults in a punitive system
Since the declaration of the state of emergency in El Salvador, a significant number of detentions of children and adolescents have been reported. Human rights organizations indicate that more than 1000 children and adolescents have been convicted, mainly on charges of unlawful association, in proceedings characterized by a lack of sufficient evidence, pressure to plead guilty, and inhumane conditions of imprisonment.
Reforms to the Juvenile Criminal Law will now allow the transfer of adolescents convicted of organized crime offences to adult prisons, under the administration of the General Directorate of Penal Centres, in direct violation of international standards. Both the Convention on the Rights of the Child (CRC) and the Beijing Rules state that children in conflict with the law should receive differentiated treatment aimed at rehabilitation, rather than simply punitive imprisonment.
Moreover, the Prisons Law will allow the creation of special sections within prisons for children under 18 and adults up to 21 years of age, without guaranteeing an adequate system of protection and reintegration. Simply separating by age groups does not protect against violence or abuse, nor does it guarantee access to education or rehabilitation programmes.
“With these reforms, the Salvadoran state is sentencing adolescents to a prison system designed for adults, where torture, extreme overcrowding, and the deaths in custody of more than 300 people have already been documented. Instead of ensuring their protection and reintegration, the authorities are exposing children and adolescents to inhumane conditions that may constitute torture and other cruel, inhuman and degrading treatment.”
Instead of ensuring their protection and reintegration, the authorities are exposing children and adolescents to inhumane conditions that may constitute torture and other cruel, inhuman and degrading treatment
-Ana Piquer, Americas director at Amnesty International
The deprivation of liberty should be a measure of last resort applied only in exceptional circumstances, as established by international standards. These reforms are in direct breach of this principle, putting the safety of thousands of young people in the country at risk.
Harsher sentences
Furthermore, the reforms to the Law on Organized Crime eliminate access to prison benefits, such as conditional release, for persons convicted of offences specified in the law, whether they are under 18 years of age or adults. This undermines the possibility of social reintegration, in contravention of the Mandela Rules and the American Convention on Human Rights.
“These changes to prisons legislation consolidate a model of incarceration based on punishment and repression, with no effective judicial oversight mechanisms. Rather than guaranteeing justice, the reforms reinforce existing violations of due process and increase the risk of torture and inhumane treatment in detention centres.”
Urgent appeal to the international community
Amnesty International again calls on the Salvadoran authorities to allow international human rights bodies access to prison centres, and on the international community to drive independent monitoring mechanisms to document the country’s prison crisis.
El Salvador must urgently reverse these reforms and ensure that its prison system meets international human rights standards. The country’s security policy cannot be based on mass incarceration and the weakening of legislation that guarantees the protection of people’s rights.
This post was originally published on this site be sure to check out more of their content.
