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Salvadoran lawyers decry secret mass trials lacking due process

Private defense attorneys say El Salvador's sealed mass trials under the state of emergency deny them any real chance to prove innocence.

A wave of private defense lawyers in El Salvador contend that the secretive mass trials linked to the state of emergency provide no effective avenue to demonstrate their clients' innocence. EL PAÍS accessed four indictments covering 1,226 defendants, most charged with terrorist organization or unlawful association offenses after being identified in police systems as gang affiliates. Arrests often occurred when officers spotted individuals with a "suspicious appearance" and later checked databases, with only two cases involving formal warrants.

Lawyers say police generate files at the moment of arrest, which are then accepted as irrefutable proof, and judges consistently deny requests for forensic verification. Defense counsel also face obstacles such as late access to indictments, lack of witnesses due to intimidation, and judges swiftly moving to sentencing without hearing full names. Human-rights groups have filed complaints internationally, but the government has not responded, and a Bukele family-led review team claims to examine cases without judicial oversight.

Why it matters

The secret trials risk thousands of unjust convictions, undermining rule of law and human rights in El Salvador.

In this story

mass trialsstate of emergencydue processpolice filesgang membershiphuman rightssecret proceedings