7 min read
Last updated:
El Salvador presents a paradoxical and dangerous dual-risk environment. While homicide rates have fallen under President Bukele's State of Emergency, more than 80,000 people have been detained, often arbitrarily, and hundreds have died in custody. For Salvadorans, the threat now comes from both gangs and the state itself. This report examines the concentration of executive power, mass detention practices, gang dynamics, and the implications for international protection claims.
Detained Under State of Emergency
Deaths in Custody (2022-present)
State of Emergency Declared
Bukele Re-elected (Unconstitutionally)
Political System and Concentration of Power
El Salvador operates formally as a constitutional republic, but recent developments indicate a significant concentration of power in the executive. Since taking office in 2019, President Bukele has systematically weakened institutional checks and balances. The removal and replacement of Supreme Court judges and the Attorney General in 2021 marked a turning point in judicial independence. The newly appointed court subsequently authorised Bukele's re-election despite a constitutional prohibition on consecutive terms. His re-election in 2024 with overwhelming popular support further consolidated executive dominance.[3]
Note: Journalists, human rights defenders, and organisations monitoring state conduct report increasing pressure, surveillance, and risk of retaliation. The weakening of judicial oversight and legislative independence has created a governance structure in which executive decisions face minimal institutional constraint.
State of Emergency and Mass Detention
The State of Emergency has become the defining feature of El Salvador's current human rights environment. Since March 2022, more than 80,000 individuals have been detained, often without warrants, evidence, or due process. Evidence from Amnesty International and other monitoring bodies indicates that detentions frequently rely on profiling factors such as age, appearance, tattoos, or residence in certain neighbourhoods.[1]
| Violation Type | Description | Documented By |
|---|---|---|
| Arbitrary detention | 80,000+ detained without warrants or individualised evidence | HRW, Amnesty International |
| Torture & ill-treatment | Physical & psychological abuse, denial of food and medical care | Amnesty International, IACHR |
| Deaths in custody | Hundreds dead, many uncharged or unconvicted | HRW, Amnesty, UNHCR |
| Enforced disappearances | Families unable to obtain information about detainees | IACHR, civil society |
| Incommunicado detention | Detainees held without access to lawyers or family | Amnesty International |
| Restricted monitoring | CECOT mega-prison inaccessible to independent observers | HRW, CIVICUS |
Warning: The construction of the CECOT mega-prison reflects the institutionalisation of mass detention as state policy. Independent monitoring is highly restricted and families often lack access to information about detainees' conditions or fate.
Gang Violence and Civilian Risk
Before the State of Emergency, El Salvador was dominated by gang structures, primarily MS-13 and Barrio 18. These groups exercised territorial control over large parts of the country and operated systems of extortion, coercion, and violence that affected nearly all aspects of civilian life. Although homicide rates have significantly declined under the current security policy, this does not equate to the complete dismantling of gang structures. Evidence suggests that gang networks have been disrupted but not eliminated, and their capacity for control and retaliation persists in many areas. Extortion demands were imposed on businesses, transport operators, and households. Forced recruitment was a major risk for adolescent boys, and women and girls faced widespread sexual violence.[2]
Violence Against Vulnerable Groups
Certain groups face heightened and intersecting risks in El Salvador. The dual structure of risk, from gangs and from the state, means that the most vulnerable individuals may face threats from multiple directions simultaneously. Women are exposed to both gang-related and state-related violence. Under gang control, sexual violence was used systematically as a tool of domination. Under the State of Emergency, reports also indicate instances of abuse within detention settings. Children and adolescents are particularly vulnerable: boys face pressure to join gangs, while the detention of minors under the emergency regime further exacerbates risks.[1]
Humanitarian Situation and Displacement
Despite improvements in official crime statistics, the humanitarian situation remains fragile. Internal displacement caused by gang violence continues to affect many communities. The economic impact of extortion, combined with poverty rates exceeding 30%, contributes to ongoing instability. Under the current regime, a second driver of displacement has emerged: fear of arbitrary detention. Individuals and families may flee not only gang threats but also the risk of being wrongfully detained by state authorities based on profiling or community association.[4]
Warning: The dual pressure of gang violence and state repression reinforces migration as a coping strategy. Individuals may be targeted by gangs for extortion, recruitment, or retaliation, while simultaneously facing the risk of arbitrary detention by state authorities.
Migration and International Protection
El Salvador remains a significant country of origin for asylum seekers. Claims are often based on threats from gangs, including extortion, forced recruitment, and gender-based violence. However, the current context requires a broader analytical framework that accounts for state-led persecution as a second source of risk. Individuals may fall into overlapping risk categories: a person targeted by gangs may also be at risk of detention by the state due to profiling practices.[5]
| Risk Profile | Source of Threat | Protection Basis |
|---|---|---|
| Former gang members / witnesses | Gang retaliation + state profiling | Particular social group |
| Young men in gang-affected areas | Forced recruitment; arbitrary detention | Particular social group |
| Women fleeing gang violence | Sexual violence, forced relationships, trafficking | Gender / particular social group |
| Families of detainees | Social stigma, economic hardship, further targeting | Particular social group |
| Journalists & defenders | State surveillance, retaliation for documentation | Political opinion / social group |
| Persons wrongfully detained | State torture, disappearance, custodial abuse | State persecution |
Note: Individuals at risk should document threats, gang interactions, and encounters with state authorities. Medical records, police reports, court documents, or witness statements can be critical. Where documentation is unavailable, consistent and detailed testimony becomes especially important.
Monitoring Organisations
| Organisation | Role |
|---|---|
| Human Rights Watch | Documents state abuses, arbitrary detention, custodial deaths |
| Amnesty International | Reports on torture, disappearances, detention conditions |
| UNHCR | Monitors displacement and protection needs |
| EUAA | Country of origin information for asylum proceedings |
| IACHR | Regional human rights monitoring and precautionary measures |
| CIVICUS | Monitors civil society space and press freedom |
Analytical Assessment
While the Bukele administration has achieved a measurable reduction in homicide rates, this has been accomplished through the systematic suspension of due process guarantees and the institutionalisation of widespread human rights violations. The State of Emergency has transformed the nature of risk rather than eliminated it: the previous model of gang-dominated violence has been partially displaced by a system of mass detention, arbitrary enforcement, and custodial abuse.[1][2]
The collapse of judicial independence and the documented disregard for court orders further undermine the availability of effective remedies. Where the state is both unwilling and unable to provide protection, and where the state itself functions as a direct source of harm, the threshold for international protection may be met without reference to non-state actors at all.[3]
Individuals in El Salvador may be targeted by gangs for extortion, recruitment, or retaliation, while simultaneously facing the risk of arbitrary detention by state authorities. The overlap between these risks significantly increases vulnerability, particularly for young men, women in gang-affected areas, and individuals with prior contact with gangs or the justice system. From a country-of-origin information perspective, El Salvador must be understood as a context of dual-source persecution.[4][5]
Footnotes
- Amnesty International, Reports on El Salvador: arbitrary detention, torture, and deaths in custody under the State of Emergency
- Human Rights Watch, El Salvador country reports on gang violence, state repression, and custodial abuse (2022-2025)
- Freedom House, El Salvador country profile, Freedom in the World; democratic backsliding under Bukele
- Internal Displacement Monitoring Centre (IDMC), El Salvador displacement data and reports
- UNHCR / EUAA, Country of origin information on El Salvador for international protection purposes
Sources
- Amnesty International, Reports on El Salvador: State of Emergency
- Human Rights Watch, El Salvador Country Reports, 2022-2025
- Freedom House, El Salvador Country Profile, Freedom in the World
- Internal Displacement Monitoring Centre (IDMC), El Salvador Displacement Data
- UNHCR / EUAA, Country of Origin Information on El Salvador
Need an expert witness report for your case?
Our country experts provide independent reports for asylum and immigration cases in the UK, US, Canada, and EU.
Order an expert witness report |
Find a country expert witness |
About our expert team


