Guatemala City – A group of international jurists has formally accused the government of El Salvador’s President Nayib Bukele of committing “crimes against humanity,” including torture and enforced disappearances, in the context of its ongoing state of exception and crackdown on gang violence. The allegations, presented Tuesday to the Inter-American Commission on Human Rights (CIDH) in Guatemala City, center on widespread arbitrary detentions and abuses committed since March 2022.
The accusations reach as Bukele’s administration continues to pursue a hard-line security policy aimed at dismantling powerful criminal organizations like MS-13 and Barrio 18. Although the measures have led to a significant decrease in reported homicide rates, they have likewise drawn sharp criticism from human rights organizations and international observers concerned about due process and civil liberties. The state of exception allows for arrests without a judicial warrant, a measure critics say has facilitated widespread abuses.
According to the report by the Group of International Experts for the Investigation of Human Rights Violations in the Framework of the State of Exception in El Salvador (GIPES), there are “reasonable grounds to believe that, within the framework of the state of exception, crimes against humanity have been committed.” These alleged crimes include arbitrary imprisonment – including of children – torture, murders, forced disappearances, sexual violence, and persecution, as detailed in the 275-page report, which draws on over 1,700 primary and secondary sources. El País reported on the findings.
Ignacio Jovtis, director for Latin America at the NGO InterJust, presented the report, stating that approximately 90,000 people have been arrested under the state of exception in nearly four years. Of those, around 8,000 have been released due to a lack of evidence, according to the report. G1 reported on these figures.
Report Details Alleged Abuses
The GIPES report alleges a pattern of systematic abuses within El Salvador’s prison system and during detention procedures. The accusations include reports of detainees being subjected to torture, denied access to legal counsel, and held in overcrowded and unsanitary conditions. The report also highlights concerns about the targeting of individuals based on their appearance or perceived association with gangs, rather than on concrete evidence of criminal activity.
The group of experts comprises Susana SáCouto, Claudia Martin, Gino Costa, José Guevara, and Santiago Canton, and is backed by organizations including the Due Process Foundation (DPLF), the International Commission of Jurists (CIJ), and the International Federation for Human Rights (FIDH). CRHoy detailed the composition of the expert group.
Salvadoran Government Rejects Accusations
Adriana Mira, El Salvador’s vice-chancellor, rejected the allegations during the CIDH hearing, stating that there are “no enforced disappearances nor anything resembling it” in her country. This denial comes amidst growing international scrutiny of Bukele’s administration and its human rights record. The response echoes previous statements from the government dismissing criticisms as politically motivated.
The accusations also follow a recent report from the Salvadoran NGO Cristosal, which claims that Bukele is holding 86 “political prisoners.” Cristosal, which has relocated its operations to Guatemala citing government persecution, alleges that these individuals were detained for exercising their rights to freedom of expression and peaceful assembly. G1 reported on Cristosal’s claims.
International Context and Next Steps
El Salvador’s security situation has long been plagued by gang violence, with MS-13 and Barrio 18 wielding significant influence over communities and the economy. Bukele’s popularity surged after he launched a “war on gangs,” promising to restore order, and security. However, the methods employed have raised concerns about the erosion of democratic institutions and the rule of law. The current situation places El Salvador at a critical juncture, balancing security concerns with fundamental human rights.
The CIDH will now review the GIPES report and consider its findings. The commission can issue recommendations to the Salvadoran government, but its decisions are not legally binding. The report is likely to fuel further debate within the international community about the appropriate response to El Salvador’s security policies and the balance between security and human rights. The United Nations may also consider the report’s findings, potentially leading to further investigation or scrutiny.
The allegations against President Bukele represent a significant escalation of international concern regarding human rights in El Salvador. The coming months will be crucial in determining whether the government will address these concerns and uphold its international obligations. Share your thoughts on this developing story in the comments below.
