An Amnesty International report on El Salvador, published on Tuesday, revealed the consequences of a prolonged state of emergency on human rights in the country. The report detailed how the government has used its emergency powers to “ignore” its obligations to protecting human rights. The report claimed that the suspension of fundamental human rights “is an action that cannot be justified under any circumstances or in any context.”
When a state of emergency is declared, rights are temporarily suspended, and temporary powers are granted to the government which may exceed its usual scope, in order to protect citizens from a temporary threat. Emergency powers are temporary measures to be used only in extreme circumstances. However, according to Amnesty International’s report, El Salvador’s state of emergency has been ongoing for two years—with the most recent extension granted on March 8.
Americas director at Amnesty Ana Piquer said:
The insistence of Nayib Bukele’s government on maintaining the state of emergency, the adoption of disproportionate measures and the denial, minimization and concealment of reported serious human rights violations reflect the government’s unwillingness to fulfill its duty to respect and promote human rights in the country. it also demonstrates its inability to design comprehensive long-term measures to address the root causes of violence and criminality without forcing the population to choose between security and freedom.
The report stated that, as of February, there are 327 registered cases of enforced disappearances, over 78,000 arbitrary detentions and at least 235 deaths in state custody—among other state violations of human rights. The report stated that the government maintains that the emergency powers are necessary to its security strategy. The report also said that dissidents and critics are criminalized under the government’s emergency regime.
The state of emergency was originally declared on March 27, 2022, to allow the government to deal with the increased number of killings by organized criminal gangs. The decree allows the Salvadoran government to curtain certain constitutional freedoms, including the right to legal defense, due process and presumption of innocence.
Amnesty International expressed concern that the situation may worsen if steps are not taken to address the abuse of emergency powers.