On March 27, 2022, the Salvadoran government declared a state of emergency in response to a surge in gang-related homicidal violence. This measure has suspended critical human rights, including some related to due process in criminal proceedings. While the state of emergency is a temporary and exceptional tool permitted by the Constitution under specific conditions and strict limits, its implementation requires rigorous judicial oversight to ensure compliance with these restrictions and prevent arbitrary actions by state security agents. Beyond reviewing the constitutionality of the suspension decree, the judiciary must protect individuals’ liberty against excesses and abuses through appropriate judicial mechanisms, such as Habeas Corpus and Amparo proceedings.
This report summarizes the findings of a documentary investigation into the changes in the Constitutional Chamber’s jurisprudence when resolving Habeas Corpus, “Amparos”, and Unconstitutionality cases during the first year of the state of emergency, from March 27, 2022, to March 26, 2023. The study compares these rulings with pre-existing jurisprudential standards to assess progress or setbacks in access to justice and determine whether judicial precedents have been upheld, overturned, or disregarded.
Over 600 judicial decisions were analyzed, prioritizing cases involving severe violations, such as enforced disappearances, harm to physical integrity during detention, and the detention of vulnerable groups, including pregnant women, older adults, and adolescents. The report presents representative cases grouped by thematic areas to clarify the rights violated and their implications for affected individuals and society at large.
The findings highlight that the Constitutional Chamber has systematically rejected petitions, altering or disregarding significant constitutional precedents. This underscores the urgent need to rethink judicial practices to restore a genuine rule of law and ensure the effective protection of human rights, guaranteeing fair and equitable access to justice during times of institutional crisis.
