Mass trials held across El Salvador as part of the government’s crackdown on gang violence have raised significant human rights concerns, according to legal advocates and a recent report by Human Rights Watch. The trials involve hundreds of detainees appearing simultaneously in court via video link, facing charges related to gang activity, with many lawyers indicating they meet their clients for the first time on the day of trial.
Since President Nayib Bukele’s administration launched its sweeping anti-gang campaign more than four years ago, tens of thousands of people have been arrested under a state of emergency that remains in place. This has led to El Salvador’s prison population surging to around 120,000, one of the highest incarceration rates globally.
The Human Rights Watch report, based on interviews with 15 defense lawyers and an examination of indictments and sentencing documents for over 600 defendants, documents widespread violations of international legal standards. Lawyers report extremely limited preparation time for defense, reliance on anonymous plea-bargain witness testimony, and frequent obstruction by judges and prosecutors of defense efforts. Some police officials have reportedly confirmed that key evidence is fabricated or unsubstantiated.
Lawyers interviewed said they faced intimidation, with one citing threats of arrest for defending a detainee whose tattoos linked him to gangs. They described the pace of mass hearings as overwhelming, often with only minutes available to cross-examine evidence against multiple defendants grouped together. In some cases, anonymous witnesses testified against hundreds of accused individuals within a single hearing, with their identities concealed behind screens accessible only to judges and prosecutors. The defendants typically appear together via video from prison.
Critics argue that the judicial process functions primarily to endorse widespread arrests rather than deliver fair trials. Human Rights Watch’s Americas director, Juanita Goebertus, said the proceedings appear aimed at producing mass convictions, including of innocent individuals, rather than providing justice for gang-related crimes.
Under President Bukele, El Salvador has reported a dramatic reduction in gang violence, a development he often highlights internationally. Bukele defends the mass trials as necessary and points to precedents such as the post-World War II Nuremberg trials and the principle of “command responsibility.” However, concerns about the erosion of judicial independence persist, with Bukele’s party holding a supermajority in the legislature and extensive control over prosecutors and courts.
The legal community acknowledges the genuine threat gangs pose to El Salvador’s security but stresses the importance of fair legal procedures. Several defense attorneys emphasize that among those arrested are innocent people who deserve proper adjudication rather than expedited mass convictions.
In late 2024, Bukele acknowledged the release of 8,000 people he deemed innocent, a figure disputed by human rights groups that estimate as many as 30,000 innocent detainees. Government officials, including the Attorney General’s office and the Supreme Court overseeing the trials, have not responded to requests for comment on the human rights allegations.
The ongoing state of emergency, combined with rapid judicial processes and mass hearings, continues to fuel debate over the balance between security and human rights in El Salvador’s campaign against gang violence.