State of Exception in El Salvador: What It Is and Its Consequences

What is the State of Exception in El Salvador?

The State of Exception (régimen de excepción) is a constitutional measure that allows the Salvadoran government to temporarily suspend certain constitutional guarantees. The Legislative Assembly approved it on March 27, 2022, originally for 30 days, as a response to a surge in homicides that left 87 murders in a single weekend.

What began as a 30-day measure has been extended uninterrupted for over four and a half years. As of July 2026, the State of Exception remains in effect after more than 50 consecutive extensions approved by the Legislative Assembly — fully controlled by the ruling Nuevas Ideas party. No other country in the Americas has maintained a state of exception continuously for this long.

Which Rights Does the State of Exception Suspend?

During the State of Exception, the following constitutional guarantees are suspended:

• Right to legal defense (Art. 12): Detainees can be held incommunicado without immediate access to a lawyer.
• Administrative detention period (Art. 13): The 72-hour limit for presenting a detainee before a judge is extended, allowing warrantless arrests.
• Right to be informed of grounds for detention (Art. 13, para. 2): Authorities may delay formal notification of charges.
• Inviolability of correspondence and communications (Art. 24): Phone and message interception is permitted without judicial order.
• Freedom of association and assembly (Art. 7): Public gatherings without prior authorization are restricted.

The suspension of these rights is not absolute. The right to life, personal integrity, and the prohibition of torture remain protected by international human rights law. However, organizations such as Amnesty International and Human Rights Watch have documented systematic violations of these fundamental rights during the State of Exception.

State of Exception Statistics (March 2022 — July 2026)

Statistics on the State of Exception are difficult to independently verify, but available data paints a troubling picture:

Arrests:

• Over 85,000 arrests reported since March 2022, according to the Attorney General's Office.
• Human rights organizations estimate at least 8,000 of these arrests have been arbitrary — individuals detained without any judicial order or evidence of criminal activity.
• Arrest rates increased by 70% in the first six months of the State of Exception compared to the same period prior.

Releases:

• Approximately 7,500 people have been released for lack of evidence, according to official data. This represents roughly 9% of all detainees.
• International organizations believe the actual number of releases is higher, but not all are officially recorded.

Deaths in custody:

• Between 2022 and 2025, at least 189 deaths in penitentiary centers were reported, many from unclarified causes.
• The UN and IACHR have repeatedly requested independent autopsies, without response from the Salvadoran government.

Prison population:

• The prison population went from approximately 40,000 inmates before the State of Exception to over 115,000 as of 2026 projections.
• Prison overcrowding exceeds 300% of designed capacity.

These figures have been compiled by organizations such as Cristosal (before its exile), the Foundation for Studies on the Application of Law (FESPAD), and the Human Rights Institute of the UCA (IDHUCA).

Arbitrary Detentions and Due Process

The State of Exception has been criticized for its impact on due process. The Attorney General's Office may detain a person without a prior judicial order if there is "well-founded suspicion" of gang membership. In practice, this standard has been applied extremely loosely.

A January 2026 Human Rights Watch report documented cases of people detained for:

• Having tattoos, even if artistic or religious.
• Living in neighborhoods identified as "gang-controlled," regardless of personal history.
• Being relatives of someone accused of gang membership, without evidence of direct involvement.
• Having been previously detained and released, but rearrested under the same case file.

The case of Ruth Eleonora López Alfaro is paradigmatic. An anti-corruption lawyer from Cristosal's Anti-Corruption Unit, she was arrested on May 18, 2025 — ironically, the same day as the International Day of Committed Lawyers — without a judicial warrant and under charges that the Attorney General's Office has changed twice without presenting evidence. According to Amnesty International, her detention is a clear case of political persecution for her work denouncing government corruption.

International Stance

United Nations: The Office of the High Commissioner for Human Rights has called for an end to the State of Exception on eight occasions.

Inter-American Commission on Human Rights (IACHR): Granted precautionary measures for Ruth López in September 2025 and has noted that the State of Exception "cannot be permanent or used to silence human rights defenders."

Amnesty International and Human Rights Watch: Both organizations have documented systematic violations and stated that the arbitrary detention of human rights defenders like Ruth López represents a pattern of political persecution.

What You Can Do

• Sign the petition on Avaaz demanding Ruth's immediate release.
• Share this article and spread awareness.
• Learn about the other [political prisoners in El Salvador](/es/blog/presos-politicos-el-salvador-2026) and systematic repression.
• Contact Salvadoran authorities and the IACHR demanding compliance with precautionary measures for Ruth.