Report on the Criminalization of Human Rights Defenders in El Salvador and Its Impact on Sustainable Development Goals

Introduction

Since the beginning of Nayib Bukele’s second presidential term, El Salvador has witnessed a significant escalation in the harassment, persecution, and criminalization of human rights defenders, journalists, activists, critical voices, and civil society organizations. Amnesty International has identified lawyer Ruth López, environmental defender Alejandro Henríquez, and pastor and community leader José Ángel Pérez as prisoners of conscience, demanding their immediate and unconditional release.

Systematic Criminalization and Its Implications

Agnès Callamard, Amnesty International’s Secretary General, highlighted that these detentions are part of a systematic pattern aimed at silencing those who denounce abuses, demand justice, and transparency in public administration. This pattern threatens the civic space essential for achieving Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions) and SDG 10 (Reduced Inequalities).

Profiles of Prisoners of Conscience

1. Ruth López – Lawyer and head of Cristosal’s Anti-Corruption and Justice Unit, arrested on charges of illicit enrichment without credible evidence. Her detention violates fair trial standards and judicial transparency, undermining SDG 16.
2. Alejandro Henríquez – Lawyer and environmental defender arrested for participating in a peaceful protest against forced eviction. Denied access to legal defense and held in overcrowded prison conditions, his case highlights violations of SDG 11 (Sustainable Cities and Communities) and SDG 15 (Life on Land).
3. José Ángel Pérez – Evangelical pastor and community leader arrested for the same protest, facing charges lacking reasonable suspicion. His criminalization threatens community leadership and social cohesion, impacting SDG 3 (Good Health and Well-being) and SDG 16.

Institutional Co-optation and Legal Reforms

The misuse of the criminal justice system is facilitated by structural reforms that have dismantled institutional checks and balances, including:

• Irregular dismissal of Constitutional Chamber magistrates and the Attorney General in May 2021.
• Forced retirement of judges and prosecutors without transparent replacement processes.
• Continuous state of exception since 2022, extended over 39 times without proper evaluation.
• Legal reforms eroding due process guarantees, enabling arbitrary detention and mass hearings.

These developments undermine SDG 16 by weakening judicial independence and the rule of law.

Escalation of Attacks on Human Rights Defenders and Journalists

Data from the Mesa por el Derecho a Defender Derechos shows a sharp increase in attacks:

• 100 attacks in 2020
• 185 attacks in 2021
• 182 attacks in 2022
• 226 attacks in 2023
• 533 attacks in 2024 (a 433% increase since 2020)

This trend severely restricts freedom of expression and association, directly impacting SDG 16 and SDG 5 (Gender Equality), as many defenders are women.

Law on Foreign Agents and Civic Space Closure

The recently approved Law on Foreign Agents imposes:

• Arbitrary restrictions on freedom of association and expression.
• A 30% tax on international funding for NGOs.
• Possibility of NGO dissolution and criminal sanctions.

This law effectively persecutes civil society organizations and critical voices demanding accountability, further threatening SDG 16 and SDG 17 (Partnerships for the Goals).

Calls to Action and Recommendations

1. Immediate and unconditional release of Ruth López, Alejandro Henríquez, and José Ángel Pérez.
2. End the misuse of the penal system to criminalize peaceful exercise of rights.
3. Ensure detainees’ rights to family visits and legal defense, in compliance with international human rights law.
4. Repeal repressive laws such as the Foreign Agents Act and state of exception measures violating human rights.
5. Restore due process guarantees and judicial independence to uphold SDG 16.

Conclusion

The ongoing repression in El Salvador represents a critical threat to the achievement of multiple Sustainable Development Goals, especially those related to justice, peace, equality, and strong institutions. International solidarity and decisive action are imperative to halt this authoritarian drift and protect the rights of human rights defenders, journalists, and civil society actors.

Contact Information

For further information or interview requests, please contact Amnesty International’s press office at: [email protected]

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article highlights issues related to the criminalization of human rights defenders, erosion of judicial independence, lack of due process, and repression of civil society, all directly linked to SDG 16.
2. SDG 10: Reduced Inequalities
   • The targeting of marginalized groups such as community leaders and environmental defenders reflects inequalities and social exclusion.
3. SDG 3: Good Health and Well-being
   • References to torture, cruel and inhuman treatment, and deaths in custody relate to the well-being and health of detainees.
4. SDG 5: Gender Equality
   • Although not the main focus, the mention of Ruth López, a prominent female lawyer and defender, touches on women’s participation and protection in justice and leadership roles.
5. SDG 13: Climate Action
   • The article mentions environmental defenders and protests against forced evictions affecting communities, linking to environmental protection and climate justice.

2. Specific Targets Under Those SDGs Identified

1. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
   • Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children (implied by references to torture and cruel treatment).
2. SDG 10: Reduced Inequalities
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws and policies.
3. SDG 3: Good Health and Well-being
   • Target 3.4: Promote mental health and well-being (implied through addressing torture and inhuman treatment).
   • Target 3.8: Achieve universal health coverage, including access to quality essential health-care services (implied in context of detainees’ health conditions).
4. SDG 5: Gender Equality
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making.
5. SDG 13: Climate Action
   • Target 13.2: Integrate climate change measures into national policies, strategies and planning (implied by environmental defenders’ work).

3. Indicators Mentioned or Implied to Measure Progress

1. For SDG 16:
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
   • Indicator 16.6.2: Proportion of the population satisfied with their last experience of public services (implied through public trust and transparency issues).
   • Indicator 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates.
   • Indicator 16.1.4: Proportion of population that feel safe walking alone around the area they live (implied through the climate of fear and repression).
2. For SDG 10:
   • Indicator 10.3.1: Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited by international human rights law.
3. For SDG 3:
   • Indicator 3.8.2: Number of people covered by health insurance or a public health system (implied in detainees’ access to health care).
   • Indicator 3.4.2: Suicide mortality rate (related to mental health impact of repression and detention, implied).
4. For SDG 5:
   • Indicator 5.5.2: Proportion of women in managerial positions (implied by highlighting Ruth López’s leadership role).
5. For SDG 13:
   • No specific indicators mentioned, but the protection of environmental defenders relates to broader climate action monitoring.

4. Table of SDGs, Targets and Indicators

Source: amnesty.org