Human Rights Watch has raised significant concerns regarding the judicial practices emerging in El Salvador, where new protocols have sparked widespread debate about the integrity of due process and human rights. Since the start of 2026, courts in El Salvador have initiated mass trials that convict hundreds simultaneously, often relying on questionable evidence without giving defendants sufficient time to prepare a defense. These expedited proceedings, as noted by Juanita Goebertus, Americas director at Human Rights Watch, appear more focused on producing guilty verdicts than ensuring justice is administered fairly.
The backdrop for these trials is a state of exception enacted in March 2022 following a surge in gang-related homicides. El Salvador’s Congress has permitted prosecutors to try multiple defendants together based on allegations of gang affiliation, a measure defended by the government as vital for dismantling gangs like MS-13 and Barrio 18. However, international bodies, including Amnesty International, criticize this tactic as fundamentally unjust, pointing out profound due process violations.
Currently, around 120,000 individuals, accounting for two percent of El Salvador’s population, are incarcerated, contributing to one of the highest incarceration rates globally. Reports suggest that over 93,000 people, including minors, have been detained under the emergency order, with many held without trial for extended periods, in contravention of Article 14(3)(c) of the International Covenant on Civil and Political Rights, which mandates timely trials.
Concerns escalate with allegations that evidence used in these trial processes is often fabricated or unsupported. Human Rights Watch has documented claims that prosecutors rely heavily on police reports crafted under pressure to fulfill arrest quotas, a practice that undermines the legal standard guaranteed under Article 10 of the Universal Declaration of Human Rights and Article 14 of the ICCPR. These articles emphasize fair and impartial hearings, which are reportedly compromised as defense lawyers are denied access to crucial case files and struggle to communicate privately with clients.
Reports by Al Jazeera echo these concerns, highlighting the secrecy enveloping the Tribunals Against Organized Crime, where judges and witnesses operate under anonymity, restricting the defense’s ability to challenge evidence effectively. This atmosphere creates insurmountable barriers for lawyers, who often have mere minutes to represent vast groups of defendants, contravening international legal norms embodied in the American Convention on Human Rights and the ICCPR. These conventions enshrine rights fundamental to a fair trial, including adequate time to prepare a defense and the presumption of innocence.
Such judicial practices have led to criticism that El Salvador’s mass trials not only fail in delivering justice but actively violate essential human rights, trapping countless individuals without recourse to prove their innocence. For further insights into these developments, the initial reports can be explored here.