El Salvador's Anti-Gang Crackdown Faces Scrutiny Over 78,000+ Alleged Arbitrary Detentions

El Salvador's aggressive "war on gangs" has dramatically reduced the nation's homicide rate but has simultaneously ignited a fierce debate over human rights and due process, with human rights organizations reporting over 78,000 alleged arbitrary detentions. The crackdown, initiated under a "State of Exception" in March 2022, has led to widespread concerns about the suspension of constitutional rights and the fairness of the justice system. The situation has been likened to a philosophical thought experiment, as noted by Bernard Stanford, who questioned, > "Okay, what if a country has the highest murder rate in the world, but every criminal tattoos 'I am a criminal' on their face. THEN could you arrest them without due process?"

For decades, El Salvador grappled with extreme gang violence, primarily from MS-13 and Barrio 18, which made it one of the world's most dangerous countries. In response to a surge in gang killings in March 2022, President Nayib Bukele's government declared a state of emergency, suspending rights such as freedom of association and the right to legal counsel. This measure allowed for mass arrests of suspected gang members without warrants, aiming to dismantle criminal structures.

Since the declaration, over 80,000 individuals have been arrested, leading to El Salvador having one of the highest incarceration rates globally. Amnesty International reported more than 78,000 arbitrary detentions as of February 2024, alongside 327 cases of enforced disappearances and at least 235 deaths in state custody. Human Rights Watch has documented severe abuses against children, including arbitrary detention and mistreatment, often based on appearance or anonymous tips rather than concrete evidence.

Despite these criticisms, the crackdown has garnered significant domestic support among Salvadorans weary of gang violence, with the government touting a record-low homicide rate in 2023. President Bukele has defended the measures, including the opening of the 40,000-capacity Terrorism Confinement Center (CECOT), as necessary to restore peace and security. He has dismissed human rights concerns, stating that those not involved in criminal activities have nothing to fear.

However, international bodies and human rights advocates continue to raise alarms about the erosion of fundamental legal protections. The Due Process of Law Foundation and other organizations criticize the lack of adequate food, medical care, and legal representation within the prison system. They argue that the focus on mass incarceration, without robust due process, risks creating new cycles of violence and injustice, calling for comprehensive policies that respect human rights and address root causes.