El Salvador State of Exception: What It Is, When It Started, and When It Will End
More than four years of the longest state of exception in the Western Hemisphere: start date, extensions, statistics, and the case of Ruth López
Ruth lleva ... días detenida arbitrariamente
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.
The State of Exception and CECOT
The government's flagship symbol of the state of exception is CECOT, the maximum-security megaprison opened in 2023. Before her own arrest, Ruth López investigated the cost overruns and environmental damage of its construction as an anti-corruption lawyer, and filed more than 100 habeas corpus petitions over transfers to the facility without due process. We cover this in full in what CECOT is and why Ruth López investigated it.
What You Can Do
- Sign the petition on Avaaz demanding Ruth's immediate release and an end to arbitrary detentions under the state of exception.
- Share this article and the one on what is a prisoner of conscience — Ruth López's case so more people understand the context.
- Learn about the other political prisoners in El Salvador and the systematic repression of civil society.
- Contact Salvadoran authorities and the IACHR demanding compliance with precautionary measures for Ruth and an end to the state of exception.
Preguntas frecuentes
Is El Salvador's state of exception the same as martial law?
Not exactly. Both are exceptional constitutional measures, but martial law is more restrictive and generally involves direct military intervention. El Salvador's state of exception suspends specific constitutional guarantees without formally reaching the level of military martial law, although in practice security forces have acted with a level of discretion that in many cases amounts to a militarization of public security.
When did the state of exception in El Salvador start?
The Legislative Assembly approved it on March 27, 2022, through Legislative Decree No. 333, based on Article 29 of the Constitution. It was originally meant to last 30 days, as a response to a surge in gang-related homicides.
Has the state of exception in El Salvador been extended?
Yes. The Legislative Assembly has voted to extend it every 30 days since March 2022, generally without public debate and with the full backing of the ruling Nuevas Ideas party. More than 50 consecutive extensions have been approved, with no independent review mechanism before each vote.
When will the state of exception in El Salvador end?
There is no set end date. President Nayib Bukele has repeatedly stated the measure will continue for as long as he considers necessary. Human rights organizations have proposed gradual exit plans, but none had been seriously considered by the government as of July 2026.
Why are there political prisoners if the government says there are only gang members?
At least 86 political prisoners have been documented by the organization Cristosal together with the United Nations. The list includes human rights defenders, journalists, lawyers, community leaders, and political opponents detained without evidence of gang membership. The case of Ruth López, declared a prisoner of conscience by Amnesty International, is one of the most emblematic. The Salvadoran government does not officially recognize the category of "political prisoner," but international bodies do use it.
What does the Salvadoran Constitution say about the state of exception?
Article 29 of the Constitution allows the state of exception to be declared in cases of war, invasion, rebellion, sedition, disaster, or serious public order disturbances. Article 30 limits its duration to 30 days, renewable for equal periods. The controversy is whether the current security situation still justifies, more than four years later, a measure designed to be exceptional and temporary.
Ruth lleva ... días detenida arbitrariamente