How do mass trials in El Salvador differ from individualised justice?

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Mass Trials in El Salvador Depart Significantly from Individualised Justice Principles

Mass trials in El Salvador, conducted under a state of emergency declared in 2022, represent a substantial departure from the principles of individualised justice. These proceedings involve the collective judgment of thousands of alleged gang members, often with limited individual defense and under a veil of secrecy. The Attorney General's Office plans to expedite these trials, aiming to finalize 3,000 indictments in the first three months of 2026, reflecting a system geared towards mass convictions rather than individual assessment.
Elimination of Individual Responsibility and Due Process

Reforms to El Salvador's organized crime law have effectively eliminated the individualization of criminal responsibility and abolished preliminary court hearings, which are crucial for establishing sufficient evidence for a trial. This shift means that defendants are not typically assessed based on their specific actions or roles but are grouped by alleged gang affiliation. For instance, individuals like Jonathan and Williams Diaz, accused of membership in Mara Salvatrucha and Barrio 18 respectively, are facing collective judgment despite having no prior convictions, as noted in AFP documents.
Lack of Transparency and Defense Rights

Information regarding these mass trials is largely kept under seal, rendering details inaccessible to the public and undermining transparency. Defense attorneys often report being inadequately informed of charges or not summoned to hearings, and in some instances, have only minimal contact with their clients before trials. Public defenders are reportedly overwhelmed with the sheer volume of cases, leading families to seek private legal assistance to navigate the proceedings.
Collective Punishment and Guaranteed Convictions

The current judicial approach is described by some legal professionals as a "massive conviction factory." This is facilitated by reforms that allow for collective justice, where the conviction of one individual can effectively lead to the conviction of many within the same alleged gang cell. Testimony from imprisoned gang members, who receive reduced sentences in exchange for their statements, is frequently used to secure convictions, even when such testimony may lack concrete evidence of individual culpability. The Legislative Assembly's recent increase in the maximum sentence for "terrorists" to life imprisonment, even for minors, further underscores the severity and broad application of these measures.

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How do mass trials in El Salvador differ from individualised justice?

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