The Inter-American Commission on Human Rights (IACHR) Friday urged the El Salvador government to comply with international human rights obligations in its treatment of over 36,000 Salvadorans detained during its state of national emergency. The El Salvador government declared a nationwide emergency on March 27, reportedly to combat a spike in gang-related killings.

The El Salvador Legislative Assembly approved the emergency for 30 days at President Nayib Bukele’s request. The country’s constitution allows for the suspension of constitutional guarantees during a state of emergency. The government has extended the emergency twice and suspended more rights, including the right to defense and the limitation on the term of administrative detention. Apart from the state of emergency, the legislative assembly has also amended criminal and procedural law to increase prison terms to up to 45 years for offenses related to organized crime.

Human rights organizations have raised the alarm about massive human rights violations in the country. They report that around 1190 minors are detained, and more than 18 detainees have died in custody. They have also alleged that many of the arrests were unlawful and arbitrary and involved the use of unnecessary force. Further, authorities arrested detainees by profiling them according to their age, physical appearance and socioeconomic status. The IACHR has relied on reports made by civil society groups about the lack of transparency in the number of people arrested and the places of detention.

The president and the government have revealed the harsh conditions in prisons. They have also threatened to impose stricter punishments in prisons, such as depriving inmates of food and forcing them to live in unsanitary conditions, if other alleged gang members who are not yet arrested carry out attacks against the government or the public.

The National Civil Police and the government have continually reported the dramatic drop in homicides in the country since the imposition of the emergency.

The IACHR, as an autonomous organ of the Organization of American States, oversees compliance with the American Convention on Human Rights, which El Salvador has ratified. The commission has pointed out that international human rights law requires El Salvador to provide all judicial guarantees necessary to protect fundamental rights and liberties even during states of emergency. It has also directed police authorities to disclose the reasons for the arrest and the place of detention to the accused’s relatives and to ensure judicial supervision of detention by independent national courts.

The commission has called on the government to improve living conditions in prisons and guarantee the life, health and integrity of those in custody. It has also urged El Salvador to adopt a citizen security policy based on human rights.