El Salvador: IACHR expresses grave concern over measures that restrict the defense of human rights and civic space

June 6, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) is concerned about recent arrests of human rights defenders and the approval of the Foreign Agents Law, which may limit the legitimate operation of civil society organizations and civic space in the country.

On May 18, the defender and head of the anti-corruption and justice unit of the non-governmental organization Cristosal, Ruth Eleonora López, was detained by state security forces by administrative order of the Attorney General's Office for the crime of embezzlement. Since then, the legal team and family members of Ruth López reported difficulties in finding out where she was being held and denounced that the charges against her were a form of political persecution for her work as a defender. The IACHR urged the country's authorities to inform the whereabouts of the defender, which was later confirmed according to public information. The Commission learned that on June 2, the Prosecutor's Office presented a formal accusation against Ruth for the crime of illicit enrichment, modifying the charge that motivated her administrative detention. The case was placed under full confidentiality and on June 4, the Twelfth Peace Court ordered the provisional detention of the defender for 6 months.

In addition, on May 12, community leader and pastor José Ángel Pérez, president of the El Bosque Cooperative, was arrested during a vigil held in front of the presidential residence in order to make visible the risk of eviction of more than 300 families, and on May 13, Alejandro Henríquez, lawyer for the cooperative. Both were arrested "in flagrante delicto", accused of the crimes of "public disorder" and "resistance". Mr. Henríquez was reportedly detained by the National Civil Police, without a warrant, and his place of detention was confirmed two days later. The Commission also received reports that various people who participated in the vigil or who are members of the cooperative were followed and harassed by police officers in the following days. On May 30, the First Peace Court of Santa Tecla ordered the provisional detention of both human rights defenders for 6 months.

To these cases must be added the detention of Fidel Zavala and arrest warrants against Ivania Cruz and Rudy Joya, all defenders of the Human and Community Rights Defense Unit. Civil society organizations question that the criminal cases are a form of retaliation for their work with people detained during the emergency regime and for denouncing abuses in the prisons. Additionally, the organizations denounce the detention of Felix Angel Lopez Cañas, in February, without administrative or judicial order, as an attempt to intimidate his father, Felix Lopez, labor defender of dismissed former public officials.

Likewise, the Commission has observed that a period longer than 15 days is being applied to present the detained persons to the judicial authority, exceeding the exceptional period provided for under the emergency regime. In this regard, the IACHR recalls that the judicial review of a detention must be immediate, especially those made without a court order, and that the Inter-American Court has already indicated that the 15-day period for this review is not proportional, even under the suspension of guarantees. The Commission reiterates the State's obligation to ensure judicial guarantees to all detainees.

Faced with allegations of the improper use of criminal law with the possible aim of intimidating, punishing or impeding human rights defense activities, the IACHR calls on the State to refrain from engaging in this practice, and to ensure that human rights defenders can carry out their work in an environment free of any type of intimidation. According to the information received by the IACHR, the aforementioned context is generating fear among human rights defenders that has resulted in the paralyzation of their activities, and in some cases, they have even resorted to exile.

In the referred context, the recent approval by the Legislative Assembly of the "Law of Foreign Agents" at the initiative of the President of the Republic is of concern. The regulation establishes obligations for national or foreign natural or legal persons whose activities in El Salvador are financed from abroad, among which the registration in a Registry at the Ministry of the Interior and the withholding of 30% tax on all resources received stand out. Non-compliance may result in fines of 100,000 to 250,000 dollars, suspension or cancellation of the legal status or operating authorization of the entities and the incurrence of administrative or criminal charges.

The Law makes it possible to request the exclusion of these obligations for specific periods, which the State may grant based on "the nature of the project, the entity generating the resources, the entity receiving the resources, the work, good or service to be executed or acquired with the resources received", among other aspects. It also prohibits the receipt of resources for activities with "political or other purposes, with the objective of: altering public order, endangering or threatening national security or the social and political stability of the country".

The IACHR expresses its concern about the established taxation, which may make the financial sustainability of organizations and alternative or community media that work in defense of human rights and depend on international cooperation funds unfeasible. It also warns of the discretional nature of the subjects that may benefit from an eventual exemption from these obligations, and in particular, the ambiguity of the concepts that determine the activities that are prohibited from being financed with foreign resources.

The IACHR has indicated that, although the obligation to guarantee the right of association does not preclude regulating the registration, oversight and control of organizations within their jurisdictions, in accordance with the right to associate, it must be ensured that legal requirements do not prevent, delay or limit the creation or operation of organizations, which play a necessary citizen oversight role in any democratic society. Likewise, States should promote and facilitate their access to cooperation funds and refrain from restricting their means of financing.

In 2021, the IACHR and its RELE called on the State of El Salvador not to approve legislation with such characteristics, and urged its repeal.

The Commission reiterates the role of freedom of association as a fundamental tool for human rights defenders to fully and completely carry out the work of defending human rights, which is fundamental for the strengthening and consolidation of democracies, since through it they exercise the necessary citizen control over public officials and democratic institutions.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 115/25

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