Across El Salvador, hundreds of detainees accused of gang-related crimes are facing mass trials conducted via video, drawing widespread criticism from defense lawyers and human rights groups over due process violations. The trials, which have unfolded more than four years after President Nayib Bukele’s government initiated a sweeping crackdown on gang violence, have resulted in near-universal convictions amid concerns about the fairness and transparency of the proceedings.

Human Rights Watch released a report on Wednesday highlighting numerous irregularities in the judicial process. According to interviews with 15 defense lawyers, including four who spoke directly to this publication, as well as a review of indictments covering over 600 defendants, the trials are characterized by rapid, group hearings where scores of accused individuals appear simultaneously. Lawyers reported limited or no prior contact with their clients before court appearances, with some first meeting defendants virtually during hearings themselves.

The use of anonymous witnesses plays a central role in these proceedings. Accounts from legal representatives describe testimony from hidden witnesses whose identities remain known only to judges and prosecutors. These witnesses often provide vague or contradictory statements against dozens, and in some cases hundreds, of defendants simultaneously. Defense attorneys noted that cross-examination time is severely restricted, sometimes amounting to mere minutes per client, and that corroborating evidence is often scant or nonexistent.

The report also detailed barriers faced by defense teams, including restricted access to case files and prosecutorial intimidation of potential defense witnesses. Some lawyers described threats from judges and were prohibited from speaking publicly about their cases due to fear of government retaliation. One lawyer recounted being threatened with arrest for representing a detainee whose tattoos were deemed indicators of gang membership.

Since the state of emergency declared in early 2022, approximately 90,000 individuals have been arrested under anti-gang measures that have pushed El Salvador’s prison population to nearly 120,000, among the highest incarceration rates globally. These laws enable trials of up to 900 individuals at once if linked to the same criminal group, and they have significantly widened the scope of prosecutable offenses, including “unlawful association.”

While President Bukele has praised the crackdown as a critical factor in transforming El Salvador into one of the region’s safest countries, critics argue that the approach prioritizes mass convictions over fair judicial process. Human Rights Watch Americas director Juanita Goebertus characterized the trials as “rubber-stamping arbitrary arrests” that also sweep innocent people into the justice system. Several defense lawyers agreed that while gang activity is a serious problem warranting prosecution, current mass trial practices undermine the legitimacy of the legal system.

Prosecutors categorize defendants as either “homeboys,” or gang leaders, who face sentences of up to 45 years, or “collaborators,” a broad designation that includes individuals alleged to have indirectly supported gang activities and carries sentences of 20 to 30 years. Defense attorneys and families of the accused say the government’s dragnet disproportionately targets residents of poorer communities and that innocent individuals are often caught up in the crackdown.

One mother recounted her son’s arrest in June 2022, describing him as a non-member despite occasional marijuana use. He was sentenced last month to 25 years as a collaborator, and his defense team plans to appeal the conviction.

In response, President Bukele has defended the mass trials and state of emergency measures, dismissing concerns about defendants’ rights and emphasizing accountability for gang leaders under the principle of command responsibility. While he acknowledged the recent release of about 8,000 individuals deemed innocent, human rights organizations estimate that tens of thousands of innocent people have been detained, a figure disputed by the government.

Requests for comment from the Salvadoran attorney general’s office, Bukele’s administration, and the Supreme Court, which oversees the organized crime tribunals, went unanswered. As El Salvador continues its aggressive anti-gang policy, concerns about the balance between security and justice remain at the forefront of debate.