Criminalisation and unlawful surveillance of human rights defenders raise alarms

Introduction

Fast-tracked constitutional reform deepens concerns over human rights and rule of law

On 29th January 2025, El Salvador’s Legislative Assembly ratified a constitutional reform that allows amendments to any article of the Constitution in a single legislative period, limiting accountability, transparency and participation in future constitutional processes. It was adopted by bypassing ordinary legislative debate (dispensa de trámite).

This reform, which modifies Article 248 of the 1983 Constitution, eliminates the previous requirement of ratification by two successive legislatures and removes safeguards protecting key constitutional norms, including those prohibiting presidential re-election. Legislators allied with President Nayib Bukele, who hold 54 of the Assembly’s 60 seats, passed the reform without opposition. The session also repealed the 2021 law recognising Bitcoin as legal tender and introduced an anti-corruption bill, which was not debated. The authorities justified the reform as part of a broader legal package aimed at fulfilling commitments with the International Monetary Fund.

Amnesty International expressed concern over the recent amendment to Article 248 and warned that the reform could drastically undermine human rights protections:

“The ratification of this constitutional reform represents a concerning risk of further erosion of human rights in El Salvador. By eliminating the requirement for constitutional amendments to be approved by two separate Legislative Assemblies, the ruling party has secured an expedited pathway to amend the Constitution without adequate deliberative processes or citizen participation. In a context where judicial independence and the right to a fair trial have been systematically undermined, this measure may pave the way for the adoption of reforms that further weaken the human rights of the population” said Ana Piquer, Americas director at Amnesty International.

This constitutional amendment forms part of a broader pattern of democratic backsliding. On 11th November 2024, the Inter-American Commission on Human Rights held a hearing titled “Democratic Institutions in El Salvador”, requested by the Due Process of Law (DPLF) and supported by constitutional law experts. Participants raised concerns regarding serious institutional deterioration, including the erosion of the separation of powers and the concentration of authority in the executive, which exercises significant influence over the legislative and judicial branches. They noted the adoption of constitutional reforms without meaningful public consultation or democratic safeguards.

The immediate presidential re-election in 2024—previously prohibited under the Constitution—was made possible through a 2021 ruling by a newly appointed Constitutional Chamber, whose legitimacy has been widely questioned. Civil society representatives stated that these developments compromise judicial independence, the rule of law, and core democratic principles. The state of El Salvador did not participate in the hearing, marking its fourth absence from such proceedings in three years.

Furthermore, since March 2022, the government has maintained a state of emergency, suspending constitutional protections, including the right to be informed of the reasons for detention and the right to privacy of correspondence. According to the latest report by Human Rights Watch, authorities have committed widespread human rights violations, including mass arbitrary detentions, enforced disappearances, torture and other ill-treatment of detainees, and due process violations. Gang-related violence has significantly decreased, with El Salvador closing in 2024 with a historic low of 114 homicides.

However, experts have cautioned that the sharp reduction in violence has come at the expense of fundamental freedoms. The state of emergency has become the prevailing normative framework for internal security and law enforcement, creating a hostile environment for civil society and substantially weakening human rights protections.

FESPAD highlights targeted attacks on journalists and civil society in 2024 report

In its 2024 report, the Fundación de Estudios para la Aplicación del Derecho (FESPAD) documented 142 cases of violations of civic freedoms in El Salvador. Journalists, civil society organisations and trade unions were among the most impacted, facing threats, arbitrary raids, administrative restrictions, and dismissals for participating in protests. The report highlighted the role of public officials and state institutions in 47 of these incidents, with the National Civil Police (PNC) most frequently cited.

FESPAD noted that these violations intensified during election periods and periods of increased political tension, pointing to a broader pattern of civic space restriction. The organisation warned that stigmatising rhetoric, criminalisation of dissent and institutional pressure contribute to self-censorship and weaken democratic safeguards. It urged the Salvadoran government to uphold constitutional and international obligations, stressing that the protection of fundamental rights is essential for preserving democratic institutions.

Association

UNIDEHC members and La Floresta community leaders targeted

On 25th February 2025, the National Civil Police and the Attorney General’s Office of El Salvador conducted coordinated operations in San Juan Opico that led to the arbitrary detention of at least 21 human rights defenders and social leaders, including Fidel Zavala, spokesperson for the Unidad por la Defensa de los Derechos Humanos y Comunitarios de El Salvador (UNIDEHC). The operation targeted leaders from the community of Hacienda La Floresta, where approximately 250 families have lived for over a decade.

Zavala, along with La Floresta residents José Alberto Pérez Ramírez and María Margarita Flamenco, had recently submitted a complaint to the Human Rights Ombudsman’s Office (Procuraduría para la Defensa de los Derechos Humanos, PDDH). Police officers detained all three shortly thereafter. That same evening, law enforcement officials raided Zavala’s residence, the offices of UNIDEHC, and the home of its director, Ivania Cruz, seizing legal documents concerning an ongoing land dispute. Authorities conducted additional detentions of community leaders throughout the night.

The Attorney General’s Office has charged those detained with aggravated fraud, unlawful association, and misrepresentation of credentials. Prosecutors alleged that UNIDEHC operated without legal status as an NGO and facilitated unlawful land occupation. Residents and their legal representatives have rejected these claims, clarifying that collected funds supported technical and legal services related to land surveying and legal representation.

Zavala has played a central role in documenting and denouncing such violations. In 2024, he filed a formal complaint against penitentiary authorities, including the Director General of Prisons, Osiris Luna, citing acts of torture and other cruel, inhuman or degrading treatment during the ongoing state of emergency. During a previous 13-month detention, Zavala reported witnessing inhumane treatment, denial of food and medical care, and the removal of deceased persons from prison facilities.

The community of Hacienda La Floresta, situated in San Juan Opico, La Libertad, has resisted multiple attempts at forced eviction, placing more than 100 families at risk. In this context, on 9th February 2025, civil society organisations reported the arbitrary detention of two community leaders, Medarlo Arnoldo and Alejandra Jeannette Cañas.

Several human rights organisations, including Cristosal, the Instituto de Derechos Humanos de la UCA (Idhuca) and the Washington Office in Latin America (WOLA), have condemned the authorities’ actions against human rights defenders and community leaders. According to Amnesty International, since March 2022, following the declaration of the state of emergency, authorities have adopted measures that form part of a broader pattern of serious human rights violations. These include widespread arbitrary detention, the institutionalisation of torture and ill-treatment in detention facilities, and hundreds of deaths in state custody.

Renewed charges against environmental defenders raise alarms

On 11th February 2025, the Attorney General’s Office requested the recapture and formal declaration of rebellion against five community leaders and environmental human rights defenders from Santa Marta. This recent incident coincided with a broader shift in governmental policy favouring extractive industry development, particularly in historically resistant regions such as Cabañas, where Santa Marta is located.

As previously reported, the five leaders—Antonio Pacheco, Pedro Rivas, Miguel Gámez, Alejandro Laínez and Saúl Rivas—were first detained in January 2023, accused of serious crimes allegedly committed during the country’s armed conflict in the 1980s. After eight months of pretrial detention and repeated delays, the group was acquitted by a tribunal in October 2024. However, on 25th November 2024, the Court of Appeals reversed that decision and ordered a retrial, citing procedural irregularities.

According to media reports, on 3rd February 2025, the court convened a new hearing, which the defenders did not attend. Judicial authorities subsequently delivered formal notifications indicating that arrest warrants would be issued. In a public statement dated 3rd February 2025, the five leaders asserted their decision not to appear in court, citing the absence of fair trial guarantees. They described their stance as an act of peaceful resistance.

Surveillance activity reported at one defender’s home shortly after the court’s deadline has heightened fears of imminent detention. Repeated requests for official comment from the Attorney General’s Office and judiciary have gone unanswered.

Civil society organisations stated that the retrial represents a targeted effort to criminalise environmental leadership. This case is emblematic of a broader pattern in which environmental defenders and community leaders are being criminalised due to their work in resisting mining projects and advocating for water rights in El Salvador.

The UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor, warned of the growing use of judicial systems to harass and delegitimise environmental leaders. It also said that “this appears to be a case of retaliation for human rights activism.”

Santa Marta has long been a symbol of grassroots resistance to mining in El Salvador. The community played a pivotal role in the campaign that led to the country’s 2017 national ban on metal mining, the first of its kind in the world.

Leaked documents reveal police unlawful surveillance

On 27th November 2024, the human rights organisation Cristosal denounced that members of its staff have been subjected to arbitrary and unlawful acts by agents of the National Civil Police, allegedly in retaliation for their work in providing assistance to victims of human rights violations in El Salvador. Cristosal also reported having been subjected to digital attacks, noting that in 2024 alone, it had recorded over 100 attempted intrusions into its digital platforms.

According to media reports, in November 2024, leaked documents published by the hacker group Ciberinteligencia SV revealed that the Subdirectorate of Intelligence of El Salvador’s National Civil Police (SIPOL) conducted unlawful surveillance activities targeting civil society members between late 2021 and 2022. Among those monitored was Ruth Eleonora López, head of the Anti-Corruption Unit at Cristosal. SIPOL reportedly classified López as a subject of interest based on her public statements in independent media and her human rights work. The intelligence file compiled on her included personal data such as her photograph, home address, academic background and workplace.

Leaked documents covering the period from 27th December 2021 to 2nd January 2022 detailed López’s media appearances and her involvement in legal action challenging the unauthorised use of personal data through the government’s Chivo Wallet platform. Additional documents from early 2022 indicated that SIPOL also monitored trade union leaders, feminist activists, war veterans, and people labelled as “cyberactivists” for expressing dissent online. An intelligence report from April 2022 further listed ten business leaders elected to the executive board of the National Association of Private Enterprise (ANEP).

APES registration rejected

On 18th December 2024, the Ministry of the Interior formally rejected the registration of the Executive Board of the Association of Journalists of El Salvador (APES), elected in August 2024. According to APES, they submitted all required documentation over four months earlier. Despite follow-up efforts, including a visit to the Registry Office on 11th December 2024, the Ministry delayed the process and later cited alleged formal deficiencies to justify the rejection. This refusal of registration impairs the association’s lawful operation.

The Ministry’s decision came shortly after APES announced it would submit the case of journalist Víctor Barahona—detained under the ongoing state of exception—to a United Nations Special Rapporteur. This sequence of events raises concerns about retaliation and the misuse of administrative procedures to hinder legitimate journalistic and civic activity. APES has confirmed it will appeal the decision and has called on the international community to watch the situation closely.

The rejection of its Executive Board’s registration reflects a broader trend of measures aimed at limiting the work of independent media in El Salvador (see expression).

A court orders trial of former president and military officials over 1989 Jesuit massacre

On 18th November 2024, the Second Examining Court of San Salvador ordered the trial of former President Alfredo Cristiani (1989–1994), ex-Congressman Rodolfo Parker, and nine retired military officials for their alleged involvement in the 1989 massacre of six Jesuit priests— Ignacio Ellacuría, Segundo Montes, Ignacio Martín-Baró, Amando López, Juan Ramón Moreno, Joaquín López—and a university employee Elba Ramos and her daughter Celina.

The victims were killed by an elite army unit on the campus of the Jesuit Central American University (UCA) on 16th November 1989, amid the civil war, which left 75,000 civilians dead and only formally ended in 1992. The court has charged the 11 defendants with the alleged intellectual authorship of the killings, including offences of murder, procedural fraud, and personal cover-up.

Only Colonel Guillermo Benavides is currently imprisoned in El Salvador for the crime, while former Vice Minister of Public Security Inocente Montano was sentenced in Spain in 2020 to over 133 years’ imprisonment. Benavides’ conviction was reinstated after the country’s 1993 Amnesty Law was overturned in 2016. The landmark Constitutional Chamber ruling found the law incompatible with victims’ rights to truth, justice and reparations, as enshrined in international human rights standards.

Legal proceedings in this case have faced multiple delays over the years. The initial investigation stalled under the protection of the amnesty legislation, which shielded former combatants and state actors from prosecution. It was not until 2022 that the Supreme Court ordered the criminal case to resume, paving the way for this recent decision.

Expression

Unlawful police raids and threats signal escalating state intimidation of journalists

On 4th December 2024, five officers from the National Civil Police (PNC) raided journalist Mónica Rodríguez’s home —also the headquarters of Bálsamo Radio TV— allegedly in response to a fraud complaint. However, authorities withheld further information, citing a judicial order of confidentiality, thereby denying the journalist her right to understand or contest the basis of the search.

Rodríguez, a prominent figure in community media, stated in a video shared by the Red Informativa de ARPAS that police officers seized hard drives and USB devices containing both professional and personal information. No search warrant or transparent legal explanation was presented.

Article 19 condemned the incident, characterising it as an illegitimate use of state power and part of a broader pattern of harassment and intimidation against journalists and their families. The incident mirrors earlier cases in which police forces have used vague or unverified allegations as a pretext to target media workers.

For instance, on 30th October 2024, state agents visited the family home of investigative journalist Ricardo Vaquerano, claiming to respond to a fictitious emergency call about domestic violence. Despite residents’ assertions that no such call had been made, and no warrant being presented, the officers attempted to enter the premises. During the visit, they photographed a family member’s national identity document and questioned the household about the names and whereabouts of male occupants. A patrol vehicle had reportedly been stationed outside the home for two consecutive days.

Later that day, the PNC returned, this time claiming to possess a judicial order to detain a relative. When asked to show the warrant, officers held up a document at a distance, rendering it unreadable. Upon refusal of entry, the agents threatened to return with a formal search warrant and warned that if the individual they sought was indeed residing there, another relative would also be taken into custody.

New restrictive laws threaten freedom of expression

On 12th November 2024, the Legislative Assembly of El Salvador, dominated by the ruling party Nuevas Ideas, adopted two laws concerning cybersecurity and data protection. These laws have raised significant concerns regarding their potential to undermine the right to privacy and freedom of expression. The Cybersecurity Law establishes the State Cybersecurity Agency (Agencia de Ciberseguridad del Estado, ACE), led by a director general appointed by the president. The agency is tasked with both formulating national cybersecurity policy and enforcing data protection regulations—functions that concentrate considerable authority under the executive.

The Data Protection Law recognises a broadly defined “right to be forgotten,” enabling ACE to order the removal of personal information from online platforms. Although the law includes an exception for freedom of expression, this safeguard is contingent upon the accuracy of the data, which may lead to the suppression of legitimate public interest reporting. Media outlets and search engines that fail to comply may face fines of up to 40 times the monthly minimum wage.

According to Human Rights Watch, this legal framework enables government authorities to exert pressure on media organisations by demanding the deletion of content deemed “inaccurate” or “incomplete”. The Data Protection Law further exempts data processed for purposes linked to public security, national defence, or crime prevention, allowing the state considerable leeway to handle personal data without adequate oversight.

Despite a nominal requirement to respect due process and human rights, the vague and expansive nature of these exceptions risks arbitrary or disproportionate interferences with privacy.

In a context marked by limited transparency and hostility towards independent media and civil society, the laws raise serious concerns about their potential use as tools to restrict legitimate scrutiny and silence dissent. In 2024, APES recorded at least 466 cases of attacks against journalists, a significant rise compared to 311 in 2023 and 187 in 2022. Most of these incidents were linked to public officials and state institutions, with 131 and 128 cases, respectively.

Peaceful Assembly

Protests grow across El Salvador against new metal Mining Law

Since the fast-tracked approval of El Salvador’s General Law on Metallic Mining on 23rd December 2024, opposition has grown steadily across the country. On 19th January 2025, around one thousand people gathered in front of the National Library in San Salvador to demand the law’s repeal. The protest, organised largely through social media, brought together students, older adults, environmental defenders, feminist and LGBTIQ+ groups and faith-based organisations.

Activists circulated petitions supporting both a constitutional challenge to the law and a nationwide call by the Catholic Church to gather one million signatures. Environmental leaders, including Francisco Pineda of Cabañas, voiced concern over the law’s potential impact on water sources and public health. A December survey by the Central American University (UCA) indicated that 59 per cent of Salvadorans believe the country is not suitable for metal mining.

By the end of January, protests had spread to departments such as San Miguel, Morazán and Cabañas—areas historically affected by mining. Residents denounced the contamination of water sources and increases in renal disease, linking these to past mining activity. In Cabañas, protesters also recalled the murder of four environmental activists in 2009. Community leaders reported recent land acquisitions by companies linked to the mining sector.

The new mining law grants the government control over the country’s significant gold reserves, which have remained unexploited since the 2017 ban on extractive activities. Civil society organisations have expressed concern that the legislation constitutes a serious regression in environmental rights.

Protesters demand end to arbitrary detentions and better public services

On 23rd November 2024, hundreds of people marched through the historic centre of San Salvador, calling for the release of people reportedly detained without due process under President Nayib Bukele’s ongoing anti-gang crackdown. The protest, led by the Victims of the Regime Movement (Movir), also drew doctors, teachers and union representatives demanding improvements in public services and rejecting proposed budget cuts for 2025.

Carrying banners with slogans such as “Freedom now”, protesters denounced the continuing state of emergency declared in March 2022, which allows for detention without warrants or charges. According to humanitarian organisations including Socorro Jurídico Humanitario, Cristosal and Movir, around 30,000 of the 83,000 people imprisoned under this framework are believed to be innocent.

“The state of emergency has become permanent. It has brought arbitrary detentions, lack of access to justice and broken families”, said a Movir spokesperson. Since October 2024, civil society groups have also demanded a national budget allocation to support victims of unlawful imprisonment and their families.

Medical professionals at the protest highlighted growing strain on the public health system. Carlos Hinds, representing the Salvadoran Medical Association, criticised proposed budget cuts in the 2025 draft budget, warning that reduced funding would deepen the crisis in hospitals and clinics. “We already face shortages of basic medicines, long delays in appointments, and overworked specialists. Cutting the budget now is irresponsible and endangers lives”, he said.

Teachers and education workers also voiced frustration over austerity measures and job insecurity. Idalia Zúniga, a union leader recently dismissed from her post, joined the protest to denounce government-initiated layoffs. Since mid-October 2024, at least 107 workers have been dismissed. “We are being punished for speaking out. The education system is collapsing, and instead of fixing it they are silencing those who demand change”, she said.

Although largely peaceful, the protest faced minor disruption as traffic police established a roadblock on Monseñor Romero Boulevard, delaying some protesters from reaching the capital.

A separate protest on 9th and 10th December 2024 reinforced these demands. Family members of detainees from Bajo Lempa marched under the slogan “For a Christmas without innocent prisoners”. Organised by CEBES and COFAPPE, the march aimed to raise awareness of the thousands detained arbitrarily under the emergency regime. Protesters urged authorities to respect human rights and guarantee due process for all detainees.

Workers protest arbitrary dismissals from Ombuds’ Office

On 20th February 2025, the Dismissed Workers’ Movement (Movimiento de Trabajadores Despedidos) and former employees of the PDDH publicly denounced arbitrary and unlawful dismissals of over 100 staff. They also announced plans to file complaints before international bodies against the current Ombudsperson.

In a public statement, the group accused the Ombudsperson of violating labour rights and undermining institutional integrity by conducting mass dismissals without due process. According to the Movement, an initial attempt to file a formal complaint within the institution itself on 10th February 2025 was rejected as inadmissible.

The Movement has since reserved the right to pursue justice through international mechanisms, including the Inter-American Commission on Human Rights.

Other developments

Regional human rights court finds El Salvador responsible for denying access to abortion

On 22nd November 2024, the Inter-American Court of Human Rights issued a landmark ruling in the case of Beatriz and others v. El Salvador, holding the state internationally responsible for serious failings in protecting reproductive rights and guaranteeing access to justice. The ruling underscored the grave human rights consequences of El Salvador’s total abortion ban and the systemic barriers faced by women in need of life-saving healthcare.

Beatriz, a young Salvadoran woman from a rural area, lived with several chronic illnesses, including systemic lupus erythematosus, lupus nephropathy and rheumatoid arthritis. In 2013, during her second pregnancy, medical professionals determined that the foetus had anencephaly—a condition incompatible with life outside the womb. Although her health was at serious risk, Beatriz was forced to continue the pregnancy due to the absence of legal certainty and protocols enabling timely medical intervention. At 26 weeks, she underwent a caesarean section; the foetus died five hours later.

The Court found that Beatriz was subjected to a prolonged and ineffective legal process, which delayed medical action and exposed her to obstetric violence—defined as the dehumanising treatment she received in a context of institutional inaction and fear of criminal liability among health professionals. This treatment violated her rights to personal integrity, health, private life, freedom from violence, and effective judicial protection under the American Convention on Human Rights and the Convention of Belém do Pará.

Despite recognising the high-risk nature of her pregnancy, the state failed to exercise due diligence. The Court emphasised that the lack of legal clarity and absence of clear protocols led to the judicialisation of Beatriz’s medical care. Health professionals, operating in an environment of criminalisation and uncertainty, were deterred from taking urgent medical decisions. The Court’s judgment reflects longstanding concerns raised by UN bodies and the Inter-American Court of Human Rights regarding El Salvador’s blanket criminalisation of abortion.

As documented by the Centre for Reproductive Rights, El Salvador maintains one of the world’s most restrictive abortion laws. Since 1998, abortion has been criminalised under all circumstances. Women have been prosecuted for homicide and sentenced to up to 50 years in prison following obstetric emergencies, miscarriages or stillbirths.

Disturbingly, in November 2024, feminist organisations denounced a new case involving a 19-year-old woman who suffered an obstetric emergency and sought medical assistance. According to the Citizens’ Group for the Decriminalisation of Abortion, Feminist Collective and Feminist Assembly, she was handcuffed to a hospital bed and later transferred to prison. They reported that authorities applied provisions of the “state of emergency” to delay judicial proceedings and restrict her access to legal protections and medical care. This case reflects how the state continues to criminalise women facing pregnancy complications.