9 March 2026. The International Group of Experts for the Investigation of Human Rights Violations under the State of Exception in El Salvador (GIPES) working as part of an international initiative, has published its final report, in spanish, "El Salvador en la encrucijada: Crímenes de lesa humanidad en el marco de la política de seguridad pública". GIPES is comprised of five internationally recognized legal experts: Susana SáCouto, Claudia Martin, Gino Costa, José Guevara, and Santiago Canton. The report received support from the Due Process of Law Foundation (DPLF), the International Commission of Jurists (ICJ), the International Federation for Human Rights (FIDH), InterJust, the IMPACTUM Research Project, and the Programme for Studies on Human Rights in Context at Ghent University (Belgium).
To write the report, which includes a comprehensive analysis of the effects of the state of emergency on democracy and the rule of law in El Salvador, GIPES examined investigations conducted by journalists, official information, national and international reports, and met with victims, civil society, academics, lawyers, and journalists.
The report concludes that there are reasonable grounds to believe that under the state of emergency crimes against humanity are being committed, as described in Article 7 of the Rome Statute of the International Criminal Court (ICC). Documented cases indicate the existence of a general policy for police and military intervention that was known to and promoted by the highest levels of President Nayib Bukele’s government.
Susana SáCouto stated that "in this context, and according to the standards applied by the ICC, the documented facts point to the commission of international crimes against the civilian population in violation of fundamental norms of international law, among them are imprisonment —including the detention of children and adolescents—torture, murder, enforced disappearances, sexual violence, persecution, and other inhumane acts".
Documented figures reveal the magnitude of the problem. The state of emergency, which has been applied without interruption for four years in March of this month, has resulted in the detention without due process of more than 89,000 persons. President Bukele himself publicly acknowledged that "at least 8,000 detainees were innocent".”. By August 2025 403 persons were recorded as having died in state custody, including four children. By February 2025, 540 cases of enforced disappearance have been recorded.
"The numbers speak for themselves, and these are not isolated cases, but rather a policy whereby crimes are committed on a large scale and systematically," explained José Guevara.
"Indefinitely prolonging the state of emergency and the adoption of dozens of legislative decrees to modify the criminal code, criminal procedure, and juvenile criminal justice, coupled with the capture of the judiciary, have consolidated a legal framework that allows for the systematic violation of fundamental rights, such as the right not to be arbitrarily deprived of liberty, the right not to be subjected to torture and other cruel, inhuman, and degrading treatment, the right to life, and the right to due process, for thousands of Salvadorans," noted Claudia Martin.
GIPES emphasised that the State has a mandatory duty to combat violence and ensure public safety, said duty cannot be carried out by committing international crimes. The exercise of this duty must be guided by the rule of law and international human rights norms. Failure to comply with this principle carries the risk that the State itself will become a source of violence, contravening the very values it is bound to uphold.
GIPES see May 2021 as the moment when institutions reached their breaking point: the Legislative Assembly, dominated by the ruling party, removed from office the judges of the Constitutional Chamber and the Attorney General. The new Constitutional Chamber endorsed the re-election of the president, disregarding that this is prohibited under the constitution. In 2025, legislative reform was passed allowing for unlimited presidential terms. The government also promoted campaigns to stigmatise and criminalise civil society and the press. In May 2025, the Foreign Agents Act imposed severe restrictions on organisations that receive funds from international sources.
In light of these circumstances, GIPES has made urgent recommendations. It urges the United Nations Human Rights Council to establish an international fact-finding mission into human rights violations with a view to ensure accountability and justice for victims, and to promote international criminal investigations that guarantee accountability. To address the prison crisis, it recommends that the Salvadoran authorities establish an independent commission to review the cases of persons detained under the state of emergency, with international assistance; to end the state of emergency; and to revoke the state-of-emergency related reforms of the criminal justice system that contravene international law.
The report is presented at two public events:
The first, during a hearing of the Inter-American Commission on Human Rights (IACHR) on Monday 10 March at 2.00 pm (Central America), 4.00 pm (Washington D.C.) and 9.00 pm (Geneva), which will be streamed on the IACHR’s YouTube channel.
The second, at a side event during the 61st Session of the United Nations Human Rights Council on Wednesday, 11 March at 8:00 am (Central America), 10:00 am (Washington D.C.) and 3:00 pm (Geneva), with a live stream on the DPLF’s YouTube channel.