* La presente columna ha sido publicada originalmente en inglés por petición del autor. Una versión en español está disponible.
President Trump invoked the Alien Enemies Act of 1798 to order the apprehension and removal of individuals associated with Tren de Aragua, a Venezuelan criminal organisation. On March 15, nearly 300 alleged members were deported to El Salvador.
This action raised several questions. On of them is whether El Salvador’s prison system is a lawful destination for those deported.
U.S. Obligations Under International Human Rights Law
In 1994, the United States ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This treaty aims to strengthen the prohibition of torture and establish preventive measures against it. Article 3 of CAT prohibits State Parties from removing an individual to another country where there are substantial grounds to believe they would face the risk of torture. This is known as the principle of non-refoulement.
The prohibition of torture is absolute, meaning no circumstances can justify it. Similarly, the principle of non-refoulement to prevent an individual from being subjected to torture holds the same absolute character. The UN Committee Against Torture has recognized this in general comments and decisions on individual complaints.
Non-refoulement concerning torture risks is also recognized in other international treaties ratified by the U.S. In 1992, the U.S. acceded to the International Covenant on Civil and Political Rights (ICCPR). Article 2 imposes a duty on State Parties to refrain from removing a person from their territory when they may face a real risk of irreparable harm, such as torture, as prohibited under Article 7.
These international obligations require the U.S. to carefully assess the risks individuals may face upon removal to another country, ensuring compliance with the absolute prohibition against torture and adherence to the principle of non-refoulement.
What is Happening in El Salvador’s prisons?
El Salvador has been under a State of Emergency since 2022. By 2024, more than 1.7% of the country’s population was behind bars. Human rights organizations have raised serious concerns about prison conditions during this period.
The local human rights group Cristosal reported that in the second year of the State of Emergency, arbitrary arrests continued, legal safeguards remained suspended, and detainees faced torture and inhumane treatment—sometimes resulting in death. Their report documents 261 deaths in custody, many involving signs of torture.
Amnesty International found that at least 190 detainees died due to torture or lack of medical care. Reported abuses include deprivation of food, water, and medical attention, unsanitary conditions, and excessive use of force.
In its 2025 World Report, Human Rights Watch echoed concerns from local and international organizations about mass arbitrary detentions, torture, and enforced disappearances. The report also notes that authorities have not prosecuted anyone for these abuses.
The Inter-American Commission on Human Rights has expressed serious concerns over deaths in custody and reports of torture. It has called for thorough investigations into state responsibility.
Even the U.S. Department of State has acknowledged the crisis in El Salvador’s prisons. Its 2023 Human Rights Report cites credible evidence of torture by government officials, as well as overcrowded prisons lacking medical care, food, and clean water.
Conclusion
For the first time in decades, the U.S. government has used the Alien Enemies Act to deport people to a country where prisons are known for serious human rights abuses, including torture, poor conditions, and arbitrary detentions. By carrying out these deportations without carefully assessing the risks, the U.S. may be violating its treaty obligations and exposing individuals to harm. This situation highlights the importance of following international legal standards in immigration and national security decisions, especially when human lives are at risk.
*Daniel Olmedo is a Salvadoran lawyer. He holds a Master’s degree in Fundamental Rights from the Carlos III University of Madrid. He has worked in business associations, law firms, and the Constitutional Chamber. He was a professor of Constitutional Law, Administrative Law, and Competition Law. He has served as a director of the Center for Legal Studies and the Ibero-American Institute of Constitutional Law – El Salvador Section. He wrote the chapter “The Economic Constitution” in the joint work “Theory of the Constitution,” published by the Supreme Court of Justice.
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