El Salvador's Mass Arrest Policy Under Scrutiny for Potential Crimes Against Humanity
A recent study by legal experts has raised alarming concerns that the mass arrest policy implemented by El Salvador's President Nayib Bukele may have resulted in crimes against humanity. The report, compiled by an international group assembled by the Due Process of Law Foundation, documents widespread abuses including arbitrary imprisonment, torture, murder, and forced disappearances under the state of exception that began four years ago.
Draconian Measures and Human Rights Violations
By incarcerating approximately 1.4% of the population without due process, Bukele has transformed El Salvador from one of Latin America's most violent nations into one of its least violent. However, this dramatic reduction in crime has come at a significant cost to human rights and the rule of law. The study describes these actions as "the result of a policy known and promoted by the highest levels of government", indicating systematic attacks on the civilian population.
Since the state of exception was declared in 2022, Bukele suspended constitutional rights and unleashed security forces to combat notorious gangs like MS-13 and Barrio 18. Roughly 90,000 individuals have been arrested, with most held in pre-trial detention under grim conditions. Human rights organisations estimate that thousands of innocent people with no gang affiliations have been swept up in the crackdown, and they have documented over 400 deaths in custody.
The Role of the Terrorism Confinement Center
Many detainees are housed in the Terrorism Confinement Center (Cecot), a mega-prison built specifically for gang members. This facility has also been used to hold more than 252 Venezuelan migrants expelled by the Trump administration, who reported abuse and torture before being sent back to Venezuela in a prisoner swap. The report's authors conclude there are reasonable grounds to believe crimes against humanity are being committed, urging the United Nations to establish an international investigation mission.
Political Implications and Global Influence
Despite the human rights concerns, Bukele's mass arrests have broken the territorial grip of gangs, reduced homicides, and granted many Salvadorians a newfound sense of freedom. In 2024, voters awarded him an unconstitutional second consecutive term. The "Bukele model" has gained admirers among leaders in Latin America and beyond, with figures like Chile's incoming president José Antonio Kast praising El Salvador as a beacon in the fight against organised crime.
However, Bukele has simultaneously dismantled checks and balances on his power, firing opposing judges, altering the electoral system, and persecuting critics in civil society and the press. Organisations like Cristosal, a leading human rights group in Central America, have fled to Guatemala after their investigators were arrested. El Salvador's congress, dominated by Bukele's party, has also scrapped presidential term limits, paving the way for indefinite re-election.
Call for Accountability and International Action
Santiago Canton, co-author of the report and general secretary of the International Commission of Jurists, emphasised that "the state must protect citizens from organised crime – but with the law, and with respect for human rights". He warned that the Bukele model, while popular, threatens to destroy decades of democratic progress in the region. The study highlights the urgent need for accountability and reinforces calls for global scrutiny of El Salvador's policies to ensure justice and uphold fundamental liberties.
