US/El Salvador: Deportees Forcibly Disappeared – Human Rights Watch

Report on Arbitrary Detentions and Enforced Disappearances of Salvadoran Deportees

Introduction

Human Rights Watch has reported serious concerns regarding the arbitrary detention and enforced disappearance of Salvadoran nationals deported from the United States to El Salvador in 2025. This situation raises critical issues related to human rights and the Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice, and Strong Institutions) and SDG 10 (Reduced Inequalities).

Background

1. Since January 2025, over 9,000 Salvadorans have been deported from the United States to El Salvador.
2. Among these deportees, several have been detained immediately upon arrival without due process or access to legal representation.
3. Some deportees were sent alongside Venezuelan nationals who suffered torture and sexual abuse in the Centro de Confinamiento del Terrorismo (CECOT) mega prison.

Key Findings

• Arbitrary Detention and Enforced Disappearance: Deportees have been held incommunicado, with no access to lawyers or family members, violating their right to due process (SDG 16.3).
• Lack of Transparency: Authorities have failed to disclose detainees’ whereabouts or legal status, leading to enforced disappearances as defined under international law.
• Legal Challenges: Habeas corpus petitions filed by relatives and lawyers have been rejected or ignored by Salvadoran courts.
• Human Rights Violations: The ongoing state of emergency in El Salvador has suspended fundamental rights, including prompt notification of arrest and access to legal counsel, exacerbating the risk of abuse (SDG 16.1).

Impact on Families and Communities

• Families of deportees face uncertainty and distress due to lack of information and access to their detained relatives.
• Relatives have sought assistance from multiple institutions, including the Human Rights Ombudsperson’s Office and the Inter-American Commission on Human Rights (IACHR), with limited success.
• The situation undermines social cohesion and trust in justice systems, impeding progress toward SDG 16.

Legal and Governmental Responses

1. El Salvador has informed the IACHR that detainees remain in prison pending decisions regarding their migratory and legal status.
2. The United States government has alleged gang affiliations for some deportees but has not provided comprehensive evidence.
3. US courts have intervened in specific cases, such as ordering the release of Kilmar Ábrego García following reports of abuse.
4. Despite litigation efforts, Salvadoran authorities have not clarified the legal basis for detentions or ensured judicial oversight.

Relation to Sustainable Development Goals

• SDG 16 – Peace, Justice, and Strong Institutions: The arbitrary detentions and enforced disappearances directly contravene targets aimed at promoting the rule of law, ensuring equal access to justice, and reducing violence.
• SDG 10 – Reduced Inequalities: The treatment of deportees reflects systemic inequalities and discrimination against migrants and marginalized groups.
• SDG 3 – Good Health and Well-being: Reports of physical abuse and torture in detention facilities threaten the health and well-being of detainees.
• SDG 5 – Gender Equality: Cases of sexual abuse highlight the need for protection of vulnerable populations, including women and men subjected to gender-based violence.

Recommendations

1. El Salvador should immediately disclose the whereabouts and legal status of all deportees and ensure their access to legal representation and due process.
2. The United States should halt deportations to El Salvador until guarantees are in place to protect human rights and prevent enforced disappearances.
3. Both governments must cooperate with international human rights bodies to investigate allegations of abuse and ensure accountability.
4. Implementation of the SDGs, particularly SDG 16, must be prioritized to strengthen justice systems and protect the rights of migrants and deportees.
5. International organizations and civil society should increase monitoring and support for affected families to uphold human dignity and justice.

Conclusion

The enforced disappearances and arbitrary detentions of Salvadoran deportees represent a severe violation of human rights and undermine the achievement of the Sustainable Development Goals. Urgent action is required from both El Salvador and the United States to uphold the rule of law, protect vulnerable populations, and ensure transparency and justice in accordance with international standards.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses arbitrary detention, enforced disappearances, lack of due process, and denial of legal rights, all of which relate to promoting peaceful and inclusive societies, access to justice, and accountable institutions.
2. SDG 10: Reduced Inequalities
   • The issues of deportation, discrimination against migrants, and lack of protection for vulnerable populations highlight inequalities faced by Salvadorans deported from the United States.
3. SDG 3: Good Health and Well-being
   • References to torture, sexual abuse, and physical abuse in detention centers relate to ensuring healthy lives and promoting well-being for all, including protection from violence and abuse.
4. SDG 5: Gender Equality
   • Sexual abuse mentioned in the article implies concerns related to gender-based violence and the need to eliminate such abuses.

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 16.10: 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 and vulnerable persons.
2. SDG 10: Reduced Inequalities
   • Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through implementation of planned and well-managed migration policies.
3. SDG 3: Good Health and Well-being
   • Target 3.4: Reduce by one third premature mortality from non-communicable diseases through prevention and treatment and promote mental health and well-being.
   • Target 3.7: Ensure universal access to sexual and reproductive health-care services, including for victims of violence.
4. SDG 5: Gender Equality
   • Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres, including trafficking and sexual and other types of exploitation.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators for SDG 16
   • 16.3.1: Proportion of victims of violence who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
   • 16.3.2: Unsentenced detainees as a proportion of overall prison population.
   • 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 in the previous 12 months.
2. Indicators for SDG 10
   • 10.7.2: Number of countries that have implemented well-managed migration policies.
3. Indicators for SDG 3
   • 3.4.2: Suicide mortality rate (as a proxy for mental health and well-being impacted by violence and detention conditions).
   • 3.7.2: Proportion of women and girls aged 15-49 years who have experienced sexual violence by age 15.
4. Indicators for SDG 5
   • 5.2.1: Proportion of women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months.

4. Table of SDGs, Targets and Indicators

Source: hrw.org