In El Salvador’s mass trials, lawyers struggle to defend hundreds

by | Oct 7, 2026 | World

In El Salvador’s mass trials, lawyers struggle to defend hundreds

Human Rights Watch released a report on Wednesday examining El Salvador’s mass trial system, which allows hundreds of individuals to be tried and convicted collectively. The organization reviewed four indictments encompassing over 600 defendants and one court proceeding involving more than 120 people. Interviews with 15 defense lawyers revealed that defendants have been denied fundamental rights necessary for adequate legal representation.

According to HRW’s findings, individuals in these mass trials encounter poorly defined charges, insufficient evidence, and procedurally flawed proceedings. In numerous instances, defense attorneys have been prevented from accessing case files and communicating confidentially with their clients. The organization noted that many convictions rely on accusations of gang collaboration, which it characterized as a vague legal standard. In one trial examined by HRW, over 120 people were convicted of unlawful association and sentenced to 30 or 45 years in prison, with no acquittals recorded. For most defendants convicted on such charges, the sole evidence connecting them to gang activity consisted of statements from one or two anonymous witnesses who received prosecution immunity.

The mass trials form part of President Nayib Bukele’s extensive security initiative, initiated following increased organized crime activity. Bukele declared a state of emergency in March 2022, suspending certain civil liberties while expanding law enforcement authority. Congress subsequently authorized mass trials in the following year. Over 93,000 people have been detained under the emergency order, which has been repeatedly renewed. Bukele acknowledged in 2024 that approximately 8,000 arrested individuals were later released, pledging to free all innocent people.

Cases are heard before the Tribunals Against Organized Crime, a court system criticized for lack of transparency and overseen by El Salvador’s Supreme Court. Judge identities have not been disclosed to defense attorneys. The government maintains these trials are necessary for dismantling criminal organizations, while critics contend the system violates fundamental human rights. HRW called for independent case reviews and the release of individuals detained without credible evidence.

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