On International Human Rights Day, Leonor Arteaga Rubio, Director of the Due Process of Law Foundation (DPLF)’s program on transitional justice and the fight against impunity, testified before the Tom Lantos Human Rights Commission of the U.S. House of Representatives Committee on Foreign Affairs. Her remarks shed light on grave human rights violations taking place under the State of Exception in El Salvador, which was implemented in March 2022.

While acknowledging that gang related crime has dramatically subsided in El Salvador, in her testimony Leonor emphasized that this emergency measure has also resulted in widespread arbitrary detentions, torture, extrajudicial killings, and the erosion of judicial protections; she also pointed out that some of these grave human rights violations likely constitute crimes against humanity under international law. Leonor warned that what was initially introduced as a temporary public security measure has become a mechanism for authoritarian control, eroding democratic principles and setting a dangerous precedent.

Leonor called for the immediate repeal of the State of Exception and a comprehensive review of the cases of those unlawfully detained. She further advocated for the need for an independent review mechanism to be put in place to review the cases of those detained, similarly to the Innocence Project in the US, and for the need to pursue accountability for potential crimes against humanity at the international level. Among her suggestions were a possible investigation by the International Criminal Court (ICC) or the establishment of a United Nations Fact-Finding Mission, similar to the existing UNmechanism for Venezuela.

A recording of Mrs. Arteaga’s oral testimony, delivered during the hearing titled “The State of Exception in El Salvador: Taking Stock” is available here. The full text of her remarks can be accessed here.