A recent report published by Amnesty International on Tuesday has shed light on the human rights implications of a prolonged state of emergency in El Salvador. The report presents a distressing account, detailing how the Salvadoran government has used its emergency powers to side-step its obligations towards safeguarding human rights. Amnesty alleges that under no circumstance or context is the suspension of fundamental human rights justifiable.
Under normal circumstances, when a state of emergency is declared, rights may be temporarily suspended and at times, the government may be granted powers that exceed regular scopes. The objective behind imbuing the government with such powers is the protection of citizens from an immediate threat. These powers are considered temporary measures and should be invoked only under extreme conditions. However, as per the report, El Salvador has maintained a state of emergency for an uninterrupted span of two years. The most recent extension was approved on March 8.
Ana Piquer, Americas Director at Amnesty, criticizing the Salvadoran government, stated, “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.”
As of February, the report notes 327 cases of enforced disappearances, over 78,000 arbitrary detentions, and at least 235 deaths in state custody among other reported state infractions. The Salvadoran government asserts that these emergency powers are necessary to ensure its ongoing security strategy, and that critics and dissidents are criminalized under the government’s emergency regime.
The state of emergency was initially declared on March 27, 2022, enabling the government to counter an increasing number of killings by organized criminal gangs. The decree empowers the Salvadoran government to curtail certain constitutional freedoms, including the right to legal defense, due process, and presumption of innocence.
Expressing their concern, Amnesty International notes that without steps taken to address the misuse of emergency powers, the situation may further deteriorate.