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El Salvador Enacts Life Sentences for Minors as Young as 12 Amid Broader Anti-Gang Campaign

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El Salvador Escalates Anti-Gang Campaign with Life Sentences for Minors and Mass Trial

A series of recent legal and judicial actions in El Salvador, spearheaded by President Nayib Bukele’s administration, mark a significant escalation in the government's long-running campaign against criminal gangs. These actions include the enactment of constitutional reforms permitting life sentences for minors as young as 12 and the commencement of a mass trial for nearly 500 alleged members of the MS-13 gang.

Life Sentences for Minors

Legal Changes

On a Wednesday in late March 2025, President Nayib Bukele signed into law constitutional reforms that permit life prison sentences for individuals as young as 12 years old. The legislation, passed the previous month by the Legislative Assembly (which is controlled by Bukele's Nuevas Ideas party), applies to convictions for specific crimes, including homicide, femicide, rape, terrorism, and gang membership.

  • Previously, the maximum sentence in El Salvador was 60 years for adults, with lesser sentences for youths.
  • The reforms will create new criminal courts to try cases.
  • The law includes a provision for a mandatory review of life sentences decades into the term, with the timing dependent on the convict's age and the severity of the crime.
  • The new law lifts certain legal protections for youth offenders but allows for periodic sentence reviews and the possibility of supervised release.
  • The reforms are scheduled to take effect on April 26, 2025.

"The new law lifts certain legal protections for youth offenders but allows for periodic sentence reviews."

Context of the Crackdown

The sentencing reform is the latest in a series of measures implemented under a state of emergency declared in March 2022, following a surge in gang violence that authorities linked to MS-13. The state of emergency, which has been renewed multiple times, suspended certain constitutional rights and granted greater powers to police and military forces.

  • According to government figures, approximately 91,650 people have been detained under the state of emergency.
  • President Bukele has stated that less than 10% of those detained have been released.
  • Government officials have previously stated that detained gang members "will never return" to the streets.
  • Reports indicate that homicide rates in El Salvador have decreased significantly during this period.
  • Last year, the government also passed a constitutional reform eliminating presidential term limits.

Mass Trial of Alleged MS-13 Members

On a Monday in late March 2025, a mass trial began for 486 individuals suspected of being members of the MS-13 gang. The trial, held in San Salvador, is part of a broader series of mass trials conducted under the state of emergency.

Allegations

The defendants are collectively accused of committing over 47,000 crimes between 2012 and 2022, including approximately 29,000 homicides. The alleged crimes also include extortion, drug and arms trafficking, femicide, and enforced disappearances.

  • The Attorney General's Office stated the group is charged with rebellion, alleging it sought to establish a parallel state.
  • The court system stated the trial includes alleged national leaders, street-level leaders, program coordinators, and founders of MS-13.

Trial Process

The trial is being held in open court under a 2023 reform of El Salvador's penal code. This reform allows for the simultaneous trial of up to 900 individuals.

  • 413 defendants are being held at the Terrorism Confinement Center, a maximum-security prison, and are participating in the proceedings via video link.
  • 73 defendants are being prosecuted in absentia.
  • Anonymous judges are delivering uniform sentences to large groups of defendants.

"State prosecutors said they had 'ample evidence to request the maximum sentences' against the defendants."

Statements from Officials

  • Attorney General Rodolfo Delgado stated the gang structure has operated systematically, causing fear and mourning.
  • At the trial's opening, a judge stated armed groups had disturbed the peace and security of the state for decades and would be tried with the full force of the law.
  • State prosecutors said they had "ample evidence to request the maximum sentences" against the defendants.

Reactions and Criticism

The government's anti-gang measures have drawn both praise and significant criticism.

Criticism from Human Rights Groups and International Bodies

  • Human rights organizations, including Human Rights Watch, Amnesty International, and Cristosal, have criticized the mass trials and the state of emergency, warning of risks to due process, the presumption of innocence, and the potential for innocent people to be convicted.
  • These groups have reported alleged human rights abuses, including a lack of due process, reports of torture, and more than 500 deaths in prison.
  • Following the passage of the constitutional amendment for life sentences for minors, the United Nations Children's Fund (UNICEF) and the UN Committee on the Rights of the Child expressed "deep concern." They stated that life sentences for children contradict standards in the Convention on the Rights of the Child, which prioritize rehabilitation and reintegration.
  • The Inter-American Commission on Human Rights has expressed concerns about the prolonged state of exception and its suspension of certain rights.
  • Thousands of those arrested under the state of emergency have been declared innocent and released. President Bukele has acknowledged that at least 8,000 detainees were innocent.

Independent Expert Reports

In March 2025, the International Group of Experts for the Investigation of Human Rights Violations under the State of Emergency in El Salvador (GIPES) published a report alleging that crimes against humanity had been committed over the previous four years. The report cited President Bukele's acknowledgment that "at least 8,000 detainees were innocent."

Support and Justification

  • The anti-gang campaign has been associated with a significant decrease in crime, changing El Salvador's status from one of Latin America's most dangerous countries to one of its safest.
  • President Bukele and his administration have stated that the measures are necessary to combat powerful criminal organizations. On March 17, 2025, President Bukele stated on social media that opponents of the constitutional amendment for life sentences were being lenient towards violent crime.
  • The United States government, under the Trump administration, has designated MS-13 and Barrio 18 as terrorist organizations.