The state of emergency, which was approved for 30 days, suspends four basic indiual rights enshrined in the country’s Constitution: freedom of assembly; the right to a state-sponsored legal defense upon detention; the inviolability of correspondence and communications, as authorities will be able to intercept communications without a court order; and the period of administrative detention, which is now extended beyond 72 hours.
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Article 29 of the country’s Constitution establishes that the state of emergency can be declared in “cases of war, invasion of territory, rebellion, sedition, catastrophe, epidemic and other general calamities, or severe disturbances of the public order,” and it can be extended past 30 days.
U.N. Secretary General António Guterres expressed concern over the spike in violence in the country and said he “trusts that the measures that will be adopted in response will be in line with international human rights law and standards,” according to a news release.
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“The government should address gang violence in El Salvador, but it should do it in a rights-respecting way. And instead of protecting the people through the state of emergency, which is extremely broad, they’re just putting their rights at risk and we see the consequences with these roundups,” said Tamara Taraciuk Broner, acting Americas director at Human Rights Watch.
The Salvadoran president tweeted Wednesday that “2,163 gang members had been detained in 4 days.” Police raids and detentions have intensified since the approval of the state of emergency Sunday, according to El Salvador’s La Prensa Gráfica. Bukele and his supporters have rejected criticism from international organizations.
