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

Human Rights Watch has issued a scathing report on El Salvador's mass trial system, describing proceedings in which hundreds of defendants are prosecuted simultaneously as fundamentally flawed and lacking basic due process protections. The report, released on Wednesday, examines four separate indictments encompassing more than 600 defendants, along with a single court ruling that convicted over 120 individuals.

The international human rights organization based its findings on a detailed review of court documents and interviews with 15 defense lawyers who have represented clients in these proceedings. According to their accounts, defendants face vaguely worded charges, insufficient evidence, and procedural irregularities that make mounting an effective defense nearly impossible.

Juanita Goebertus, who directs Human Rights Watch's Americas division, did not mince words in her assessment of the system. She characterized the hearings as designed to guarantee convictions rather than to genuinely evaluate evidence in accordance with established legal standards. Her statement underscored the organization's conclusion that justice is not being served through these proceedings.

The mass trials represent a central component of President Nayib Bukele's aggressive security strategy, which he launched in response to escalating organized crime throughout the country. The crackdown began in March 2022 when Bukele declared a state of emergency, suspending various civil liberties and granting law enforcement expanded powers. This period saw widespread arrests across El Salvador.

The following year, the country's legislature approved legislation that formally authorized mass trials, enabling courts to adjudicate cases involving hundreds of defendants at once. This legal framework created the infrastructure for the large-scale proceedings that Human Rights Watch now criticizes.

Defense attorneys interviewed for the report described significant obstacles to representing their clients effectively. Some lawyers reported being prevented from examining their clients' case files, while others said they were unable to communicate privately with defendants. These restrictions, according to the report's authors, fundamentally undermine the right to a fair trial.

The Salvadoran government has consistently maintained that these measures are essential for dismantling criminal organizations that have terrorized communities for years. Officials argue that the scale of gang activity necessitates extraordinary legal responses, and that the mass trial system allows authorities to address thousands of cases efficiently.

However, critics have repeatedly raised concerns that such tactics violate fundamental human rights and have resulted in the imprisonment of innocent people. Even Bukele himself has acknowledged that some individuals without criminal ties were caught up in the sweeps. In 2024, he stated that approximately 8,000 arrested individuals had subsequently been released.

The president pledged at that time to eventually free all innocent people who had been wrongfully detained, though he suggested that no system could operate with perfect accuracy. This acknowledgment has not quelled concerns among human rights advocates about the broader pattern of arrests.

Statistics paint a stark picture of the scope of El Salvador's detention regime. More than 93,000 people, including over 3,000 children, have been detained under the emergency order, which has been renewed repeatedly since its initial implementation in 2022. Approximately 120,000 people are currently incarcerated in the country, representing roughly 2 percent of El Salvador's total population and giving it one of the world's highest incarceration rates.

Human Rights Watch identified particular problems with how prosecutors secure convictions in these mass proceedings. Many convictions rest on accusations that defendants acted as "collaborators" with gangs, a legal category the organization describes as vaguely defined and easily abused.

In one case examined by the organization, more than 120 individuals were convicted of unlawful association and received sentences of either 30 or 45 years. Not a single defendant was acquitted in that proceeding, according to the report.

The report further notes that for most prisoners convicted on such charges, the only evidence linking them to gang activity came from statements provided by one of two anonymous witnesses who had been granted immunity from prosecution. This reliance on uncorroborated testimony from unidentified sources raises serious questions about the reliability of convictions.

One lawyer, speaking anonymously to Human Rights Watch, described how the system operates in practice. The attorney explained that prosecutors essentially repeat what police officers claim, and those officers base their assertions on unspecified intelligence or community rumors rather than concrete evidence.

Additional concerns center on the Tribunals Against Organized Crime, the specialized court system that handles these cases. Critics point to a troubling lack of transparency in how these tribunals function, noting that the identities of the judges presiding over proceedings have not been disclosed even to the defense lawyers involved.

Despite the human rights concerns documented in the report, Bukele's administration has maintained relatively strong approval ratings in public polling. The president has pointed to these numbers as evidence that Salvadorans support his anti-crime initiatives and view them as necessary for restoring safety to their communities.

The government has also defended specific mass trials, including one involving nearly 500 alleged MS-13 members. Attorney General Rodolfo Delgado argued in a social media statement that the gang had operated systematically for years, spreading fear and grief among Salvadoran families.

The Salvadoran government did not provide an immediate response to requests for comment on the Human Rights Watch findings. The organization has called for independent reviews of all cases brought under the state of emergency and has demanded the release of individuals detained without credible evidence against them.