IACHR grants precautionary measures in favor of Elmer Antonio Escobar González in El Salvador

January 26, 2026

Washington, DC—The Inter-American Commission on Human Rights (IACHR) issued Resolution 6/2026 on January 19, 2026, to grant precautionary measures in favor of Elmer Antonio Escobar González in El Salvador, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights to life and personal integrity.

According to the request for these precautionary measures, the beneficiary is a Salvadoran citizen who was deported from the United States to El Salvador. Initially, his whereabouts were unknown. At the moment, he is allegedly being held incommunicado, and neither his family nor his legal counsel have been informed of his conditions of detention, legal status, or health condition, although the relevant domestic remedies have been pursued.

The State said that the evidence that had been presented did not warrant the adoption of precautionary measures. The State stressed its commitment to respecting and protecting human rights and its willingness to cooperate with the relevant inter-American mechanisms. The State also noted that it had conducted a diligent search for the beneficiary and provided information about his place of detention.

The State said that it had requested additional information about judicial procedures concerning Escobar González in the United States while he remained in the custody of the Salvadoran penitentiary system. El Salvador awaits a decision from the United States concerning the man’s legal and migration status, in keeping with the applicable Bilateral Cooperation Agreement.

After assessing the legal and factual allegations made by the parties, the IACHR noted that, since he as deported to El Salvador, the beneficiary initially went missing from the perspective of his family, who had no access to information concerning his conditions of detention. According to the request for these precautionary measures, he is allegedly not being allowed any contact with his loved ones and legal counsel, who have not been notified of his legal status, conditions of detention, or health condition.

There is also no evidence that the beneficiary has had any contact with anyone outside the penitentiary system or that it might be possible to organize a visit through Salvadoran domestic procedures. The IACHR has had no access to information that might explain why the beneficiary is deprived of liberty in El Salvador. The situation has persisted despite various remedies pursued with judicial and administrative institutions in the country.

The IACHR understands that the State is the only possible source of information about the beneficiary’s situation. The fact that his family and legal representatives are not being allowed direct contact with him precludes access to information about how the State might be protecting his rights.

Given these circumstances, the IACHR considers that Escobar González faces a serious, urgent risk of suffering irreparable harm to his rights. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of El Salvador to take the following action:

1. Adopt any measures necessary to protect the rights to life and personal integrity of Escobar González
2. State the beneficiary’s legal status (specifically by formally disclosing whether he has been charged with any crimes and whether he has been taken before the judicial authorities of competent jurisdiction)
3. Take all measures necessary to ensure that the beneficiary’s conditions of detention reflect the applicable international standards (specifically by no longer holding him incommunicado, as he has been for a lengthy period of time, and by enabling regular access to and contact with his family, lawyers, and other representatives as a way to protect his rights)
4. Come to an agreement with the beneficiary and his representatives concerning any measures that need to be taken
5. Report on any action taken to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State of El Salvador do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the applicable instruments.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 015/26

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