El Salvador’s State of Exception Anti-gang Security Measure Gets Extended for the 31st Consecutive Time

The State of Exception in El Salvador is a security measure enforced by the Salvadoran Government to directly combat criminal gangs. It restricts certain constitutional guarantees; however, it is credited for reducing the country’s crime and homicides.

To continue the direct fight against criminal organizations that began in March 2022, the Salvadoran Legislative Assembly extended the State of Exception security measure for an additional 30 days on the October 3 plenary session.

The extension was approved with 57 votes from deputies aligned with the current administration; two deputies abstained, and one voted against the security measure.

According to the government, it is imperative to maintain the State of Exception measures to guarantee the population’s life and personal integrity.

This marks the 31st consecutive extension of the security measure, which will remain in effect until November 6, 2024.

SEE ALSO: El Salvador State of Exception; A Security Measure Implemented to Fight Gangs

We extend the State of Exception. We continue to build an El Salvador where the good [people] live free and without fear. We will not return to being a country of violence. Deputy Giovanny Zaldaña.

The extension upholds the suspension of constitutional guarantees, such as the 72-hour limit on detention without a hearing and electronic communication privacy.

The State of Exception allows law enforcement to search electronic devices and communications without judicial authorization and to detain individuals for 15 investigative days before seeing a judge.

Human rights organizations and the Bukele’s opposition have raised concerns about the long State of Exception because of reports of abuses and human rights violations.

Also, opposition legislators assure that there is no justification for maintaining the suspension of constitutional rights.

Homicide reduction

Based on the drastic homicide reduction, the Salvadoran Government supports maintaining the emergency security measure. El Salvador closed 2023 with 154 murders for a rate of 2.4 homicides per 100,000 inhabitants.

Furthermore, El Salvador ended 2022 and 2023 with fewer homicides than Costa Rica, the nation known as the safety standard in Central America.

In 2024, El Salvador’s homicide rate is on track to surpass the record low set in 2023, which marked the lowest murder numbers in over 40 years.

Abuses and human rights violations

Human rights organizations have claimed that many of the 81,000-plus arrests were based on the appearance or social background of the detainees and not actual gang affiliation evidence, which violates the individual’s human rights.

Human Rights Watch has documented that hundreds of people with no connection to gangs have been unjustly detained, especially kids.

Security forces in El Salvador have committed human rights violations against children and adolescents. Some were 12 years old. Many have been detained without evidence, tortured, and subjected to abusive criminal proceedings. Juan Pappier, Human Rights Watch.

What’s next

The State of Exception has the approval of the majority of Salvadorans. All surveys conducted since the security measure started have shown that it has a high approval rate.

The Legislative Assembly, controlled by New Ideas and allies, has supported the state of emergency since March 27, 2022. Based on comments by these legislators, it seems that the State of Exception will be extended throughout 2024.