El Salvador: Bukele Approves Life Sentences for Children Aged 12

The Shift Toward Life Sentences for Minors

A significant trend in El Salvador’s legal landscape is the expansion of extreme sentencing to include children. Under novel constitutional amendments signed by President Nayib Bukele, individuals as young as 12 years old can now be sentenced to life imprisonment for crimes such as murder, rape, or complicity in these acts.

This represents a drastic departure from previous legal standards. Until recently, the maximum prison sentence for adults in the country was 60 years. The new laws as well extend life sentences to those classified as “terrorists,” a term that includes members of criminal organizations.

The Influence of a Dominant Legislature

These reforms were made possible by a parliament dominated by Bukele’s party, Nuevas Ideas. The ability to pass such sweeping changes is further bolstered by the administration’s control over the judiciary. In 2021, all five judges of the Constitutional Chamber of the Supreme Court were replaced with loyalists to ensure a smooth path for constitutional reforms.

Security vs. Liberty: The Trade-off of Modern Crackdowns

The current administration’s approach is defined by a stark contrast between public safety and civil liberties. The government highlights a sharp decline in murder rates and the disappearance of powerful gangs from the streets as the primary justification for its methods.

This strategy has yielded immense popularity, with various polls indicating that more than 90 percent of Salvadorans support the policies of the 44-year-old president. Bukele has openly stated that being viewed as a dictator is an acceptable price to pay to prevent citizens from being murdered in the streets.

The Reality of Arbitrary Detentions

Despite government claims that arrests almost exclusively target gang members, evidence suggests a wider net is being cast. An investigation by El País revealed that at least 33,000 of the 90,000+ people arrested were not registered as gang members at the time of their detention.

The state of emergency, which has been extended 45 times, has also been utilized to imprison activists, journalists, and members of the political opposition. Those arrested often face pre-trial detention without access to lawyers, sometimes waiting years for a trial or being convicted in mass processes.

The Human Cost of the “Iron Grip”

The trend toward mass incarceration has led to severe reports of human rights abuses within the prison system. The organization Socorro Jurídico Humanitario reports that at least 517 people have died in state detention without being tried since the state of emergency began.

The data on these deaths is alarming:

• 94 percent of those who died were not proven gang members.
• One-third of documented deaths were caused by physical violence.
• One-third resulted from a lack of medical care.

The Path to Indefinite Power

Beyond criminal justice, there is a clear trend toward the consolidation of executive power. Last year, re-election limits were abolished, allowing President Bukele to remain in power indefinitely. The presidential term has been extended from five to six years.

This combination of judicial control, the suspension of constitutional rights via a prolonged state of emergency, and the removal of term limits suggests a long-term shift toward a centralized authority where the executive branch operates with minimal oversight.

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