National effects
El ministro de Defensa, René Francis Merino Monroy, señaló en agosto de 2023 la disminución significativa en los índices de delincuencia a niveles históricos. El titular sostuvo que los niveles de delincuencia son extremadamente bajos y que esperan cerrar el 2023 con una tasa inferior a los 2,2 homicidios por cada 100 mil habitantes.[203] No obstante, organizaciones en el país critican el estado de excepción porque consideran que vulnera su derechos constitucionales y humanos, a esto se le suma la presunta manipulación de las cifras para, según las organizaciones, hacer creer que no hay homicidios.[204].
Múltiples han sido las denuncias de organizaciones no gubernamentales, nacionales e internacionales, en las que señalan al Gobierno como el responsable de llevar a cabo crímenes de lesa humanidad,[205][206] tratos denigrantes, injusticias sociales, muertes, desapariciones forzadas y demás acciones que van en contra de asegurar los derechos de las personas.[207].
Son poco más de siete organizaciones en defensa de los Derechos Humanos que han registrado más de 4,500 denuncias,[208] todas cometidas en el marco del régimen de excepción. La mayoría de estas denuncias la realizan familiares, mujeres, y sobre todo jóvenes entre los 18 a los 30 años de edad. Organizaciones como Cristosal,[209] Movimiento de Víctimas del Régimen (MOVIR),[210] Socorro Jurídico Humanitario,[211] Human Rights Watch,[212] y Amnistía Internacional[213] son algunas de las organizaciones con mayor participación social en este tiempo que se ha mantenido el régimen de excepción. Tanto es así, que han acudido ante la Corte Interamericana de Derechos Humanos para demandar a El Salvador por violaciones a Derechos Humanos durante el régimen.[214][215][216].
El Faro ha recopilado relatos de individuos que estuvieron encarcelados durante el Estado de Excepción. Estos relatos describen la presencia de tortura sistemática desde el momento de ingreso a la prisión de Izalco por ejemplo. Se narran casos de hombres golpeados hasta la muerte frente a otros prisioneros en el penal de Mariona; se menciona la demora intencionada en brindar atención médica a reclusos enfermos, resultando en la necesidad de amputaciones; se evidencia una epidemia de escabiosis o "sarna humana" sin ningún cuidado médico entre los reclusos. Algunos testigos hablan de guardias arrojando comida al suelo como única forma de alimentar a los internos, quienes llegan al extremo de lamer el suelo para sobrevivir. Además, se confirma el constante robo de provisiones alimenticias y de higiene por parte de las autoridades, junto con el uso ilegal, obligatorio y generalizado del polígrafo como condición para recuperar la libertad.[217].
Arbitrary arrests
Since the beginning of the State of Exception that was decreed in March 2022, there have been cases of several families that have been victims of arbitrary arrests,[218][219] either for different reasons, such as, for example, carrying tattoos alluding to gangs, the way they dress, place of residence or even signs made alluding to these criminal groups.[220] The arrests include those caused by complaints. anonymous[221][222] made by the population. The arrests range from students, workers, vendors, teachers, union members, gang members, religious leaders, police, and soldiers who have been accused of collaborating or belonging to criminal groups.
Some of the most notorious cases were that of two students from the University of El Salvador (UES), a student from the Faculty of Agricultural Sciences and a student from the Faculty of Medicine, both arbitrarily detained; such acts provoked protests from the student community at the time.[223][224].
Another notorious case was that of 8 young teenagers captured in the lower part of the Lempa River inside their home. They had previously performed a play about the history of El Salvador.[225] It is reported that one night, members of the Armed Forces entered their home where they interrogated the young people and accused them of belonging to gangs. This caused them to spend the entire night in an improvised detachment where, according to reports, they received physical and psychological torture. The next day they were released because relatives went to report their capture to the National Civil Police delegation.
Bukele initially stated in 2022 that arbitrary arrests could be expected that would represent 1% of total arrests, calling it a "margin of error", however; In January 2023, the Minister of Justice Gustavo Villatoro in an interview stated that, up to that date, more than 3,000 innocent people had been released who could not be linked to criminal groups. According to that statistic and taking into account that more than 60,000 suspected gang members had been captured, it would represent a margin of error of 5%.[226][227][228][229][230][231].
In May 2023, the Minister of Justice again gives statements confirming the release of 5,000 innocent people without gang relations, which represents 7% of the total number of detained people.[232].
In August 2023, again the Minister of Justice, Gustavo Villatoro, gave a new report in which he declared that up to that date more than 7,000 innocent people captured during the regime who were not found to have connections with gangs have been released and who represent 10% of the total number of detained people.[233][234].
Marvin Reyes, leader of the Movement of Workers of the National Civil Police (MTP), said that the agents of the police forces of El Salvador would have received demands for "quotas of detainees per day" at the beginning of the emergency regime, which generated "abuse" by the agents.[235].
Deaths and disappearances
In April 2022, after a month of having implemented the emergency regime, a report prepared by the organization Cristosal and Human Rights Watch documented deaths and forced disappearances, both acts were committed under the regime and point to the Salvadoran State as the main responsible, according to the report. These organizations since the beginning of the regime have been monitoring the government's actions regarding these arrests.[236][237].
One year after the security policy was in force, Cristosal made public a report on Human Rights violations committed under this measure. The report indicates that 160 people have died, mostly young people between 18 and 38 years of age. Lawyer Zaira Navas, legal head of Rule of Law and Security of the Cristosal organization, explained during the presentation of the report that it is the first time, through an investigation, that *“the deaths that occurred inside penal centers are verified and documented, that is, under State custody.” prisons, of which 91% were of people not linked to gangs.[241] The Attorney General's Office has archived 142 of these cases of deaths in prisons, the justification is based on the fact that the deaths do not constitute a crime by State Security agents, this, after Attorney General Rodolfo Delgado issued the statement.[242].
Between March 2022 and February 2023, Cristosal documented 189 cases of people who disappeared after being arbitrarily detained under the emergency regime. These cases involve individuals whose family members were not informed of where they were being held, and often discovered this information weeks or months later. In at least 10 situations, relatives still do not know the whereabouts of their loved ones. These events add to a broader pattern of arbitrary detentions, representing approximately 80% of the 4,564 complaints received by civil organizations during that period. Until November 2023, the figures have risen to more than 320 cases of forced disappearances.[243][244].
Torture in prisons
In August 2022, the University Observatory of Human Rights (OUDH) of the José Simeón Cañas Central American University (UCA) also revealed cases of torture committed during the application of the state of emergency.[245].
The torture, according to a story that a teenager shared with Idhuca workers, police and military use the same techniques that scandalized the world at the beginning of the century when American soldiers used them against detainees in Guantánamo Bay, they submerged him in a water tank until he was almost breathless. The catalog, according to the young man's testimony, also included the techniques used by the South American dictatorships of the 70s.[246] where what they do is squeeze the nails with tweezers and pliers, The PNC, according to the UCA report, uses torture to force young people to confess that they are gang members. The humiliation he suffered at the police station was followed, for another 12 days, by more mistreatment at the youth shelter, where he was later sent. Some victims were put in a small cell with 12 other young people, these being gang members. Guard guards and gang members took turns during this time to carry out beatings according to a recent investigation by the newspaper El Faro.
The report by the NGO Cristosal indicates that of the more than 150 deaths in prisons, 29 of those deaths were violent, while another 46 have been classified as suspicious. According to documents, the bodies of the majority of these 75 victims showed signs of torture, but the causes of their deaths were classified as "undetermined" or "natural", so the true number of violent deaths could be higher.[247].
Prison overcrowding
Since the declaration of the emergency regime, thousands of people have been arrested, which has overloaded El Salvador's prisons nationwide; In response to prison overcrowding, the Government approved the construction of new prisons in 2022.[248][249].
If the prison population (94,687) is divided by the most updated figure on accommodation capacity in penal centers (30,864), overcrowding would correspond to approximately 306.79%. On the other hand, when adding the variant on the capacity of the new Terrorism Confinement Center (CECOT), 40,000 inmates, the national penitentiary capacity would be approximately 70,864 people and overcrowding would correspond to 133.62%.[250][251][252].
Response from the Office of the Attorney General for the Defense of Human Rights (PDDH).
Former prosecutor José Apolonio Tobar (2019-2022) was harshly criticized by civil organizations, as they pointed out that in his management during the regime he did not behave independently, but rather praised security policies, being accused of omitting to speak out on the possible abuses that would be occurring in some penal centers that house detainees, as well as possible arbitrary detentions and human rights violations. They also question him when he gave recognition for his participation to the Minister of Security, Gustavo Villatoro, during the 1st Ibero-American Human Rights Summit in August 2022.[253][254][255][256][257].
Raquel Cabello, as attorney elected in 2022 to replace Apolonio Tobar for the period 2022-2025, has also been harshly criticized for following the same line as her predecessor. The MOVIR movement questioned that the head of the institution has not commented on the complaints of Human Rights violations, and that, instead, she has mentioned that all those captured, without exception, are gang members or collaborators of these groups.[258][259][260].
The Humanitarian Legal Aid organization urged the Human Rights Attorney to condemn the actions of the Executive, Legislative and Judicial of El Salvador during the emergency regime.[261].