Human Rights Watch Condemns El Salvador's Mass Trials as a 'Mockery of Justice'

A new report from Human Rights Watch has sharply criticized El Salvador's system of mass trials, alleging that hundreds of defendants are being processed through proceedings that lack fundamental due process protections. The report, released on Wednesday, examines four separate indictments encompassing more than 600 defendants, alongside a single court ruling that involved over 120 individuals. According to the organization, the structure of these hearings makes it virtually impossible for defense lawyers to mount meaningful challenges to the charges their clients face.

The human rights body based its findings on interviews with 15 defense attorneys who are directly involved in these cases. These lawyers described significant obstacles to representing their clients effectively, including being denied access to case files and being prevented from communicating privately with the defendants they represent. The report concludes that individuals caught up in these mass proceedings are confronted with vaguely worded charges, insufficient evidence, and procedural irregularities that undermine the fairness of the trials.

Juanita Goebertus, who directs the Americas division at Human Rights Watch, did not mince words when describing the situation. She characterized the mass trials as a perversion of the justice system, arguing that they are structured to guarantee convictions rather than to carefully evaluate evidence in accordance with legal standards. Her statement underscores the organization's central contention that these proceedings prioritize efficiency and outcomes over the rights of the accused.

The mass trials represent a key component of President Nayib Bukele's aggressive security strategy, which was introduced in response to escalating organized crime throughout the country. In March 2022, Bukele declared a state of emergency that suspended various civil liberties and expanded the powers available to law enforcement. This move paved the way for widespread arrests across El Salvador. The following year, the country's legislature approved legislation that explicitly permitted courts to adjudicate cases involving hundreds of defendants simultaneously, formalizing the mass trial mechanism.

Government officials have consistently defended these measures as essential tools for dismantling the gang networks that have terrorized Salvadoran communities for years. They argue that the extraordinary scale of criminal activity necessitates extraordinary legal responses. However, critics have repeatedly cautioned that such tactics run afoul of basic human rights principles and have resulted in the incarceration of numerous innocent people.

Bukele himself has publicly acknowledged that some individuals without gang ties were caught up in the crackdown. In 2024, he stated that approximately 8,000 people who had been arrested were subsequently released. At that time, he committed to freeing all innocent individuals who had been wrongly detained, while simultaneously arguing that no system could operate with perfect accuracy. This admission, however, has not led to fundamental changes in the approach.

The statistics surrounding El Salvador's crackdown are staggering. More than 93,000 people, among them over 3,000 children, have been detained under the emergency order, which has been extended repeatedly since it was first implemented in 2022. Currently, an estimated 120,000 people are behind bars in El Salvador, a figure that represents roughly 2 percent of the nation's total population. This gives the country one of the highest incarceration rates anywhere in the world.

According to Human Rights Watch, a significant number of convictions in these mass trials hinge on accusations that defendants acted as "collaborators" with gangs. This designation constitutes a vague legal standard that is difficult to challenge. In one trial that the organization reviewed, more than 120 people were convicted of unlawful association and received sentences of either 30 or 45 years in prison. Notably, not a single defendant was acquitted in that proceeding.

The report further alleges that for the vast majority of prisoners convicted on such charges, the only evidence linking them to gang activity was a statement provided by one of two anonymous witnesses who had been granted immunity from prosecution. This reliance on unidentified witnesses raises serious questions about the reliability and verifiability of the evidence used to secure convictions. The lack of transparency in the evidentiary process makes it nearly impossible for defense lawyers to challenge the credibility of these witnesses.

One attorney, who chose to speak anonymously to Human Rights Watch, described the circular nature of the prosecution's logic. According to this lawyer, prosecutors essentially assert that someone is a gang member because a police officer has labeled them as such. The prosecutor's case then rests on a police report, which in turn relies on unspecified intelligence or public rumors rather than concrete, verifiable evidence.

Additional concerns have been raised about the judicial infrastructure handling these cases. The proceedings take place before the Tribunals Against Organized Crime, a specialized court system that operates under the oversight of El Salvador's Supreme Court. Critics have pointed to a troubling lack of transparency in how these tribunals function. The identities of the judges presiding over these tribunals have not been made public, even to the defense lawyers participating in the cases.

Despite the human rights concerns that have been raised both domestically and internationally, Bukele's government has maintained considerable popularity among Salvadoran voters. Public opinion polls have historically shown relatively high approval ratings for the administration, and Bukele has pointed to these numbers as evidence that the public supports his anti-crime initiatives. This dynamic highlights the complex political reality in which security concerns often outweigh civil liberties considerations in the eyes of the electorate.

In April, Attorney General Rodolfo Delgado publicly defended a mass trial involving nearly 500 alleged members of the MS-13 gang. In a social media statement, he asserted that the gang had operated systematically for years, spreading fear and grief among Salvadoran families. This defense reflects the government's consistent messaging that its hardline approach is necessary to protect law-abiding citizens from the scourge of gang violence.

The Salvadoran government did not provide an immediate response to requests for comment on the Human Rights Watch report. In its recommendations, the organization called for independent reviews of all cases brought under the state of emergency. It also urged authorities to release individuals who are being held without credible evidence against them. These recommendations, however, face an uncertain path forward given the political dynamics in the country.

The report adds to a growing body of international criticism regarding El Salvador's approach to public safety. While the government credits its tactics with reducing crime rates and improving daily life for many citizens, the human rights implications of mass incarceration and mass trials continue to draw scrutiny from global observers. The tension between security and civil liberties remains unresolved, with the fate of thousands of detainees hanging in the balance.

For the defense lawyers working within this system, the challenges are immense. They must navigate a legal environment where access to basic case information is restricted, where judges remain anonymous, and where the evidentiary standards appear to be weighted heavily in favor of the prosecution. Their accounts paint a picture of a justice system that has been fundamentally altered by the exigencies of the security crackdown, leaving defendants with few meaningful opportunities to contest the charges against them.