Response to the UN Special Rapporteur’s Call for Input on counter-terrorism law, organised crime and human rights
9th July 2026
This submission, prepared by Amnesty International, Cristosal, and Rights & Security International, responds to the UN Special Rapporteur’s call for input on the relationship between counterterrorism legislation, organised crime, and human rights. It demonstrates how El Salvador’s use of counterterrorism laws to address gang violence has resulted in grave human rights violations, highlighting the significant dangers of conflating organised crime with terrorism.
Since the introduction of the state of exception in March 2022, the Salvadoran government has persistently renewed emergency measures, expanded military involvement in public security, and enacted legislative reforms that designate gangs as terrorist organisations. Constitutional amendments adopted in 2026 introduced life imprisonment, even for children aged 12–18 convicted of certain terrorism-related offences.
The submission documents widespread human rights violations associated with these measures, including:
- Arbitrary arrests and prolonged detention without trial.
- Systematic weakening of due process, including mass trials, anonymous judges, and lengthy pre-trial detention.
- Severe prison overcrowding, credible reports of torture and ill-treatment, and over 500 deaths in custody.
- Restrictions on freedom of expression, association, and civic space.
- Criminalisation, surveillance, intimidation, and exile of human rights defenders, journalists, and civil society organisations.
- Lack of effective investigations, accountability, or remedies for victims.
The report further examines the impact on migration and asylum, noting cooperation between the United States and El Salvador that led to the transfer of migrants—including third-country nationals—to Salvadoran prisons without adequate procedural safeguards. These transfers raise serious concerns about arbitrary detention, enforced disappearance, torture, and violations of the principle of non-refoulement.
The authors warn that El Salvador’s security model is increasingly shaping policies in other Latin American countries—including Honduras, Ecuador, and Argentina—contributing to the normalisation of emergency powers and the expansion of counterterrorism frameworks to address organised crime.
Key recommendations to the UN Special Rapporteur
The submission urges the Special Rapporteur to:
- Recognise El Salvador as an example of the dangers of using counterterrorism frameworks against organised crime.
- Reaffirm that terrorism and organised crime are distinct legal concepts and should not be conflated.
- Encourage States to prosecute organised crime through ordinary criminal law rather than counterterrorism legislation.
- Stress that terrorism laws must remain exceptional, narrowly defined, necessary, proportionate, and subject to independent judicial oversight.
- Emphasise that individuals accused of terrorism retain all fundamental human rights, including the right to a fair trial and humane detention conditions.
- Condemn the misuse of counterterrorism and emergency powers to target human rights defenders, journalists, civil society organisations, and other critical voices.
- Oppose the normalisation of prolonged states of exception.
- Call on States to respect the principle of non-refoulement and refrain from transferring individuals to countries where they face a real risk of arbitrary detention, enforced disappearance, torture, or other serious human rights violations.