IACHR reiterates concern over prolonged and improper use of state of emergency in El Salvador

August 15, 2025

Washington, DC - The Inter-American Commission on Human Rights (IACHR) once again expresses its concern over the indefinite extension and improper application of the state of emergency in El Salvador, which has now been in effect for more than three years. The IACHR urges the State to take the necessary steps to bring this measure to an end.

On July 31, 2025, the Legislative Assembly approved the 41st extension of the state of emergency, which will now remain in effect until September 2, 2025. The decree states that the measure remains necessary to counter gang-related violence, particularly to continue operations to this end, guarantee safety from organized crime, and enable the Office of the Attorney General to pursue the relevant criminal prosecutions.

In its 2024 report on the state of emergency and human rights in El Salvador, the IACHR acknowledged the significant decline in violence reported by the State but noted that it had found no evidence of the kind of emergency required under the American Convention on Human Rights to justify an ongoing suspension of rights in the country. It also stressed that essential judicial guarantees may not be suspended under any circumstances.

According to public information, more than 88,000 people have been detained since the state of emergency was declared in March 2022. Civil society organizations have reported approximately 7,000 documented human rights violations in this context, including unlawful and arbitrary arrests, torture, the deaths of more than 400 people in State custody, multiple violations of due process, and other abuses.

The IACHR is also concerned that provisions of the state of emergency and other measures implemented as part of the fight against organized crime are being applied in cases with no connections to the justifications given by the State for implementing such measures. The IACHR has spoken out regarding cases involving human rights defenders detained in 2025—Enrique Anaya, Ruth López, Alejandro Henríquez, José Ángel Pérez, and Fidel Zavala—who were subjected to extended judicial review periods. According to information received by the IACHR, they were ordered into pretrial detention without consideration of their circumstances and are currently being held incommunicado, while their proceedings remain under seal. The IACHR also received information about Salvadoran and foreign nationals who were or are being detained in El Salvador after being deported or expelled to the country this year.

At the public hearing held during the IACHR’s 193rd Period of Sessions, civil society organizations stated that the Salvadoran criminal justice system is being misused, compounding concerns around the erosion of independence of the judiciary and the prosecution service and the adoption of regressive legal reforms since 2021. They also warned that the criminalization of human rights defenders and journalists—alongside increased harassment, intimidation, and violence against them, and the adoption of the Foreign Agents Law—has had a chilling effect on their work, restricted civic space, and forced dozens of people into exile while triggering the closure of several civil society organizations.

The State of El Salvador has categorically rejected allegations of human rights violations, arguing that they have not been confirmed by any international human rights protection mechanism. It asserted that the state of emergency is being implemented in accordance with the Constitution and under institutional oversight and is part of a legitimate response to an extraordinary wave of violence and crime that severely affected the population’s fundamental rights. The State argued it had provided the information requested of it regarding individual cases and expressed regret over the public mention of specific defenders before official decisions were issued on related precautionary measures. It also maintained that the situation of people deported or expelled from El Salvador is unrelated to the state of emergency, and rejected the allegations presented at the hearing as unfounded and unreflective of the current state of the country’s institutions. The State emphasized that the Foreign Agents Law seeks solely to ensure transparency in the management of international funds, in line with recognized international practices. Finally, it reaffirmed its commitment to upholding human rights and the rule of law.

In its report on El Salvador, the IACHR addressed the State’s heavily punitive approach to public security and reiterated that guaranteeing and protecting human rights must be the aim and starting point of any public policy in this area. It also stressed the role of the justice system in addressing reports of widespread human rights violations under the state of emergency. The IACHR made 23 recommendations to the State to end possible violations, investigate the facts and those responsible, and provide reparation to victims.

The IACHR calls on the State to comply with its obligation to uphold judicial guarantees for all detainees and refrain from applying exceptional measures restricting human rights in cases not strictly justified under international standards.

The IACHR also repeats its recommendation to end the suspension of rights and guarantees under the state of emergency. It urges the Salvadoran State to develop and implement a comprehensive, multisectoral public security policy that addresses the causes and consequences of crime, based on evidence and with a human rights perspective.

Finally, the IACHR reiterates its willingness to cooperate with El Salvador in finding solutions that meet inter-American human rights standards. In this regard, it expresses its interest in conducting a visit to the country to engage in dialogue with various stakeholders and observe the human rights situation in connection with specific issues.

The Inter-American Commission on Human Rights (IACHR) once again expresses its concern over the indefinite extension and improper application of the state of emergency in El Salvador, which has now been in effect for more than three years. The IACHR urges the State to take the necessary steps to bring this measure to an end.

On July 31, 2025, the Legislative Assembly approved the 41st extension of the state of emergency, which will now remain in effect until September 2, 2025. The decree states that the measure remains necessary to counter gang-related violence, particularly to continue operations to this end, guarantee safety from organized crime, and enable the Office of the Attorney General to pursue the relevant criminal prosecutions.

In its 2024 report on the state of emergency and human rights in El Salvador, the IACHR acknowledged the significant decline in violence reported by the State but noted that it had found no evidence of the kind of emergency required under the American Convention on Human Rights to justify an ongoing suspension of rights in the country. It also stressed that essential judicial guarantees may not be suspended under any circumstances.

According to public information, more than 88,000 people have been detained since the state of emergency was declared in March 2022. Civil society organizations have reported approximately 7,000 documented human rights violations in this context, including unlawful and arbitrary arrests, torture, the deaths of more than 400 people in State custody, multiple violations of due process, and other abuses.

The IACHR is also concerned that provisions of the state of emergency and other measures implemented as part of the fight against organized crime are being applied in cases with no connections to the justifications given by the State for implementing such measures. The IACHR has spoken out regarding cases involving human rights defenders detained in 2025—Enrique Anaya, Ruth López, Alejandro Henríquez, José Ángel Pérez, and Fidel Zavala—who were subjected to extended judicial review periods. According to information received by the IACHR, they were ordered into pretrial detention without consideration of their circumstances and are currently being held incommunicado, while their proceedings remain under seal. The IACHR also received information about Salvadoran and foreign nationals who were or are being detained in El Salvador after being deported or expelled to the country this year.

At the public hearing held during the IACHR’s 193rd Period of Sessions, civil society organizations stated that the Salvadoran criminal justice system is being misused, compounding concerns around the erosion of independence of the judiciary and the prosecution service and the adoption of regressive legal reforms since 2021. They also warned that the criminalization of human rights defenders and journalists—alongside increased harassment, intimidation, and violence against them, and the adoption of the Foreign Agents Law—has had a chilling effect on their work, restricted civic space, and forced dozens of people into exile while triggering the closure of several civil society organizations.

The State of El Salvador has categorically rejected allegations of human rights violations, arguing that they have not been confirmed by any international human rights protection mechanism. It asserted that the state of emergency is being implemented in accordance with the Constitution and under institutional oversight and is part of a legitimate response to an extraordinary wave of violence and crime that severely affected the population’s fundamental rights. The State argued it had provided the information requested of it regarding individual cases and expressed regret over the public mention of specific defenders before official decisions were issued on related precautionary measures. It also maintained that the situation of people deported or expelled from El Salvador is unrelated to the state of emergency, and rejected the allegations presented at the hearing as unfounded and unreflective of the current state of the country’s institutions. The State emphasized that the Foreign Agents Law seeks solely to ensure transparency in the management of international funds, in line with recognized international practices. Finally, it reaffirmed its commitment to upholding human rights and the rule of law.

In its report on El Salvador, the IACHR addressed the State’s heavily punitive approach to public security and reiterated that guaranteeing and protecting human rights must be the aim and starting point of any public policy in this area. It also stressed the role of the justice system in addressing reports of widespread human rights violations under the state of emergency. The IACHR made 23 recommendations to the State to end possible violations, investigate the facts and those responsible, and provide reparation to victims.

The IACHR calls on the State to comply with its obligation to uphold judicial guarantees for all detainees and refrain from applying exceptional measures restricting human rights in cases not strictly justified under international standards.

The IACHR also repeats its recommendation to end the suspension of rights and guarantees under the state of emergency. It urges the Salvadoran State to develop and implement a comprehensive, multisectoral public security policy that addresses the causes and consequences of crime, based on evidence and with a human rights perspective.

Finally, the IACHR reiterates its willingness to cooperate with El Salvador in finding solutions that meet inter-American human rights standards. In this regard, it expresses its interest in conducting a visit to the country to engage in dialogue with various stakeholders and observe the human rights situation in connection with specific issues.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 162/25

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