Updated data as of December 2022El Salvador’s Legislative Assembly recently extended its state of exception, first approved in April 2022, for an additional 30 days. The extension became effective December 18. Under El Salvador’s Constitution, states of exception may be used to respond to extreme circumstances, including war or serious disturbances of public order. Under a state of exception, the following rights and liberties are suspended: freedom of movement, expression, association, and inviolability of communications. In addition, the Legislative Assembly may suspend other rights related to the right to defense and deprivation of liberty.
El Salvador’s Legislative Assembly recently extended its state of exception, first approved in April 2022, for an additional 30 days. The extension became effective December 18.
Under El Salvador’s Constitution, states of exception may be used to respond to extreme circumstances, including war or serious disturbances of public order. Under a state of exception, the following rights and liberties are suspended: freedom of movement, expression, association, and inviolability of communications. In addition, the Legislative Assembly may suspend other rights related to the right to defense and deprivation of liberty.
Currently, the suspended constitutional guarantees are:
Measures undertaken during the current state of exception include:
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Impact of El Salvador’s State of Exception
A major concern is that El Salvador’s state of exception also eliminates constitutional guarantees and legal controls when it comes to monitoring public spending and state controls, while also limiting the right to access public information. The lack of transparency and administrative controls favors corruption.
At least 90 people have died in detention since the state of exception began in April 2022.
Because the state of exception violates the right to the presumption of innocence, this has led to many cases in which the detainees’ physical and emotional integrity is violated. People are being stigmatized and condemned because of their social and economic backgrounds; and suffering criminal consequences like detention and criminal prosecution.
With El Salvador’s state of exception lasting for over 10 months, this reflects the government’s inability to address violence and insecurity through other means. This restrictive and punitive approach does not address the root of the problem, and makes it impossible to implement solutions that uphold human rights.
