Criminal Justice: Punishing Defenders – A System Critique
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El Salvador: Erosion of Rule of Law and Crackdown on Human Rights Defenders
Table of Contents
Analysis of Amnesty International’s report on the state of exception and its impact on human rights.
the Situation: State of Exception and Penal Reforms
Amnesty International warns that the state of exception extended by the government and reforms to the penal system have undermined the rule of law in El Salvador. This is due to the consolidation of a repressive apparatus that, instead of impartially delivering justice, is used as a weapon to criminalize human rights defenders and to silence critical voices, exposing them to a prison regime that threatens their personal integrity and their lives.
More than three years after it began, the state of exception, which has already been extended 42 consecutive times, has established a model that gives the appearance of legality to mass detention without evidence, the suspension of judicial guarantees and the imposition of disproportionate terms of administrative detention.
At the same time, legal reforms in criminal matters and criminal procedure have introduced measures such as the concealment of judges’ identity, automatic request of pretrial detention and tougher punishments for children and adolescents. These reforms have been observed by regional and universal human rights bodies, who found that they contravene international standards.
Instead of impartially delivering justice, the criminal justice system in El Salvador has become a weapon to punish dissent and stifle civic space.
Ana Piquer, Americas Director at Amnesty International.
The right to Defend Rights under Attack
Amnesty International has documented how the authorities have made use of broad and ambiguous criminal classifications such as “illegal groups” or “terrorist organizations”,to criminalize community leaders,trade unionists and defenders of the territory and the habitat.For their part, local organizations have identified more than 70 cases of this type in which people have been victims of arbitrary detentions, deprived of their liberty and subjected to judicial processes without the guarantees of the rule of law.
In July 2025, Amnesty International declared Ruth López, Alejandro Henríquez and José Ángel Pérez prisoners of conscience, determining that they were imprisoned exclusively for their work defending human rights and for peacefully exercising their freedom of expression.
although neither the original decree of the state of exception nor its extensions envisage its application to people accused of common crimes, in these three cases the organization was able to verify how the Public Prosecutor’s Office and the judicial authorities applied the deadlines and suspension of procedural guarantees, despite the fact that the charges against them are not related to the actions of gangs.
Ruth, Alejandro and José Ángel were all subjected to the extension of administrative detention.
Impact of Reforms: A Data Overview
The following table illustrates the increase in administrative detentions as the implementation of the state of
