El Salvador Enacts Constitutional Reforms for Life Sentences from Age 12
The reforms, signed by President Nayib Bukele, allow for life imprisonment for individuals as young as 12 convicted of serious crimes and are scheduled to take effect in April 2025.
The changes represent a significant shift in El Salvador's penal system. Previously, the maximum sentence was 60 years for adults, with lesser sentences for youths. The reforms were passed by the Legislative Assembly, which is controlled by Bukele's party, and follow a series of legal measures implemented during an ongoing state of emergency.
Key Provisions of the Reforms
- The new law permits life imprisonment for individuals aged 12 and older.
- It applies to convictions for specific crimes, including homicide, femicide, rape, and gang membership.
- The reforms are scheduled to take effect on April 26, 2025.
- New criminal courts will be created to try cases under these provisions.
- The law includes a mandatory review of life sentences decades into the term, based on the convict's age and the severity of the crime.
Legal and Political Context
The Legislative Assembly passed the changes last month. The measure was proposed by President Bukele's cabinet.
This legal change follows other measures implemented during a state of emergency, which was declared in March 2022 following a surge in gang violence. The state of emergency, extended multiple times, has suspended certain constitutional rights.
Background on the Anti-Gang Crackdown
Government data indicates that approximately 91,650 people have been detained under the security crackdown. President Bukele has stated that less than 10% of those detained have been released.
Officials in Bukele's government have previously stated that detained gang members "will never return" to the streets. During the period of the crackdown, homicide rates in El Salvador have decreased.
Reactions and Criticisms
Critics describe the reforms as a continuation of harsh measures within Bukele's campaign against gangs and have raised concerns about weakened institutional checks and balances.
Human rights organizations have highlighted concerns about arbitrary detentions under the state of emergency and have filed complaints with international bodies, including the Inter-American Commission on Human Rights. The government denies allegations of arbitrary detention.
Related Constitutional Changes
The sentencing reform is part of a series of constitutional changes advanced by Bukele's administration. Last year, the government passed a reform eliminating presidential term limits.