The breakdown of secret negotiations between President Nayib Bukele's government and the main gangs sparked a massacre. In response, the state declared a state of emergency on 27 March 2022. The state of emergency, which is still in force, has led to the suspension of rights and freedoms. The Legislative Assembly has adopted a series of judicial reforms that generally result in tougher penalties for members of criminal groups. These laws and decrees will remain in force even after the state of emergency has been lifted. The principle of separation of powers has been weakened, particularly with regard to the independence of the judiciary.
In this context, 86,000 alleged gang members have been arrested, which has dealt a severe blow to the gangs' structure, operations and sources of funding. As a result, most Salvadorans are now able to go about their daily lives in a secure environment.
Although reliable official figures on crime trends are lacking, sources report the return of freedom of movement and a reduction in homicides. Overall, extortion appears to be declining. However, gender-based violence and forced displacement persist. Gangs have lost their ability to recruit in neighbourhoods they no longer control. Fear of arbitrary arrest is driving some Salvadorans to internal displacement and/or migration. The dismantling of gangs has not been successful throughout the country. While many cities have been freed from their control, gang members remain firmly established in rural areas and overseas.
The state of emergency has granted the security forces greater freedom of action, resulting in systematic abuses. Most complaints concern arbitrary detention and failure to comply with judicial procedures. Prisons are overcrowded and, according to human rights groups, hold tens of thousands of people who are presumed innocent. Most of the detainees are suspected of unlawful association and are generally denied all communication with the outside world. Their right to defence is frequently violated and their chances of ever being released are slim. Torture and other forms of mistreatment are widespread. During the state of emergency, more than 8,000 detainees were released, most of them on conditional terms.
The authorities rarely punish police officers or soldiers who commit abuses, resulting in a climate of impunity.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.