Introduction
In recent years, the reception and detention of asylum seekers and foreign migrants in transnational detention facilities have become one of the major human rights challenges within the international system, with numerous examples observed and reported across the world. Among these cases, El Salvador, and particularly the so-called Terrorism Confinement Center (CECOT), has emerged as one of the most controversial examples of this trend, attracting the attention of human rights institutions, the media, and global public opinion. The transfer or detention of foreign nationals within highly restrictive criminal justice structures raises serious questions regarding respect for human dignity, the right to a fair trial, the prohibition of arbitrary detention, access to legal counsel, communication with family members, and the fundamental principle of protecting the rights of migrants and other individuals in vulnerable situations.
The significance of this issue becomes even more pronounced when states’ security-oriented policies replace protective and rights-based approaches toward migrants and asylum seekers. From this perspective, the case of CECOT Prison is not merely a domestic issue concerning El Salvador; rather, it reflects the expansion of new patterns of migration control, the outsourcing of detention practices, and the weakening of states’ international obligations toward vulnerable individuals. This situation also demonstrates how the boundaries between criminal policy, migration control, and the security-based management of marginalized populations can gradually become blurred. Such circumstances create conditions for the normalization of prolonged detention, the deprivation of effective judicial oversight, and reduced transparency in state conduct.
Incidents
The case of CECOT Prison became a prominent human rights issue in El Salvador when reports emerged concerning the transfer and detention of foreign nationals, particularly Venezuelan migrants deported from the United States, in this high-security facility. This process developed within the context of the Salvadoran government’s strict security policies and cross-border cooperation in the field of migration control, and gradually acquired broader legal, humanitarian, and political dimensions. What was initially presented as a security and administrative measure evolved, following the publication of media and human rights reports, into a controversial case concerning detention conditions, the fate of transferred individuals, and the extent to which states comply with their international obligations.
CECOT has become known for the terrifying silence and severe isolation imposed on prisoners from their lawyers and loved ones; even virtual meetings with legal representatives are prohibited. The number of prisoners in El Salvador increased dramatically following the implementation of the state of emergency in 2022, and the country has reached one of the highest incarceration rates in the world. Human rights organizations have also expressed concerns regarding restrictions on fair trial guarantees, including effective access to judicial proceedings, within the framework of the country’s state of emergency. The United States Government had previously referred to cases of cruelty and mistreatment in Salvadoran prisons. Prior to the presidency of Donald Trump, the United States had never sent any individual from immigration detention to El Salvador[1] to be held in a criminal and high-security environment without effective access to procedural safeguards or a meaningful opportunity to challenge their transfer. However, after the beginning of Donald Trump’s second presidential term in January 2025, several individuals, including groups of Venezuelan and Salvadoran nationals deported from the United States, were transferred to El Salvador. President Trump, who had emphasized during his electoral campaign the destruction of the Venezuelan gang known as “Tren de Aragua,” concluded a $4.7 million agreement with the government of El Salvador, allowing the United States to send Venezuelan nationals deported from the United States and transferred to El Salvador to CECOT Prison[2].
These individuals faced harsh prison conditions, including allegations of abuse, sexual assault, mistreatment, detention without effective procedural safeguards, and denial of meaningful access to legal counsel. Evidence of these allegations comes from the experiences of victims’ families as well as the individuals themselves. Gonzalo, a 26-year-old man from Zulia, Venezuela, stated in an interview that his nightmare began the moment he stepped off the plane at the airport in El Salvador. Gonzalo alleged that migrants were beaten upon the aircraft’s arrival in El Salvador, and that the mistreatment continued during their transfer to CECOT. He stated that one of the prison officials told them: “You have arrived in hell[3].”
In another case, Mervin Yamarte, one of the Venezuelan nationals detained at CECOT, stated in an interview with the BBC: “The prison director told us that whoever enters here will never leave again.” Mr. Yamarte claimed that guards forced prisoners to eat like animals, meaning that they had to use their hands while sitting on the floor; he further stated that they were repeatedly beaten and were not provided with anything to clean themselves[4]. Victims also testified that they had been deprived of basic necessities, including food, water, and sleep. These men stated that sometimes there was only one water tank available for bathing and drinking for a cell containing ten people, and that worms and mosquitoes were sometimes present inside the cells. One individual stated that during three of the four months he spent at CECOT, he suffered from stomach problems and diarrhea. He said: “I do not know whether it was because of the water or the food. I always had diarrhea. The food upset my stomach so much that I still suffer from stomach pain[5].”
The food reportedly consisted mainly of beans, tortillas, and rice, while the toilets in their cells were often blocked. Despite the hot and humid conditions, there was no air conditioning available[6]. A released detainee named Quintero Chacón, along with other former detainees, stated that food was limited and drinking water was contaminated. The lights remained on throughout the night, preventing detainees from obtaining complete rest. Stephanie Alvarez-Jones, his lawyer and a Southeast Regional Attorney at the National Immigrant Justice Center, stated: “The guards would also come at night and beat them[7].” Reports have also included allegations of sexual assault against at least three detainees[8].
With regard to legal remedies and access to lawyers, the conditions were entirely different from ordinary judicial procedures followed elsewhere in the world. The mother of one of the deported individuals told Human Rights Watch:
“I started looking for a lawyer in El Salvador on the very first day, but several people told me that they could not take those cases because they were afraid of retaliation from the government. I contacted several organizations, the Attorney General’s Office, the Inspector General’s Office, a migrant shelter, and government ministries in El Salvador, but they did not provide me with any information. At the Inspector General’s Office, they told me that because of the state of emergency, they were not required to provide me with information. I feel that I have been left on my own[9].”
In the same context, Volker Türk, the United Nations High Commissioner for Human Rights, stated in a declaration during that period:
“The families we have spoken with have expressed their complete sense of helplessness in the face of what has happened and are suffering from seeing their relatives labeled and treated as violent criminals, even terrorists, without any court ruling regarding the validity of the allegations made against them[10].”
Challenges and Responses
- The Continuation of Inhumane Conditions in CECOT and Other Salvadoran Prisons
Since 2022, Nayib Bukele, President of El Salvador, has declared a state of emergency that granted the police and military authority to arrest individuals suspected of affiliation with gangs, without requiring evidence of criminal conduct. The state of emergency has resulted in the imprisonment of more than 80,000 people, making El Salvador one of the countries with the highest incarceration rates in the world[11].
One of the major challenges regarding the human rights situation at CECOT Prison is that the release of Venezuelan migrants deported from the United States does not mean the end of concerns regarding the nature and functioning of this facility. Although a significant portion of media and human rights attention in 2025 focused on the fate of these individuals, the central issue remains the continuation of the inhumane and security-oriented structure of this prison; a structure that has been repeatedly criticized by human rights organizations, international media outlets, and civil society activists since the establishment of CECOT in 2023.
Multiple reports concerning severe overcrowding, extensive restrictions on contact with families and lawyers, denial of fair trial guarantees, prolonged isolation, mistreatment, harsh detention conditions, and the absence of independent oversight demonstrate that the problem of CECOT is not limited solely to the cases of foreign migrants. According to the academic reference Britannica, some cells in this prison accommodate up to 100 people, and individuals are permitted to leave their cells for only half an hour per day[12].
The only activity available to individuals inside the cells is reading the Bible, which is not permitted for everyone[13].
This facility has become a symbol of the strict criminal policy of the government of El Salvador; a policy that defines public security through widespread detention and strict control over prisoners. From this perspective, even after the release of some foreign detainees, fundamental questions remain regarding the fate of thousands of other prisoners, their ability to access justice, and the extent to which human dignity is respected at CECOT. Therefore, the continuation of inhumane conditions in this prison remains one of the most significant challenges keeping the case of El Salvador at the center of domestic and international human rights concerns.
It should be noted that El Salvador has the highest incarceration rate in the world. According to data from the Human Rights Institute of the Central American University José Simeón Cañas (IDHUCA), the state of emergency has intensified overcrowding in Salvadoran prisons. Before the declaration of the state of emergency, prisons were operating at approximately 119 percent of their capacity, whereas overcrowding has now exceeded 350 percent[14]. This means that the inhumane conditions in Salvadoran prisons are not limited to CECOT alone and extend to other detention facilities throughout the country.
- Domestic Responses
The Movement of Victims of the Regime (MOVIR) has expressed concerns regarding the situation of individuals imprisoned in the country’s detention facilities. According to a published report, Félix López, a representative of this movement, stated that collective trials could last for months, as the prosecution is required to prove specific and individual charges against each defendant.
According to him, the movement’s primary concern is that hundreds or even thousands of detainees may be categorized collectively, alongside members of criminal gangs, within large groups; a process that could influence judges’ and justice officials’ perceptions of these individuals before their cases are fully examined. The movement has emphasized that many families continue to demand an opportunity to prove the innocence of their relatives and oppose the continuation of detention and extensions of the state of emergency.
The movement has also expressed concerns regarding the difficulty faced by families in presenting evidence in defense of detainees, including documents related to their social background, employment, or family circumstances. In addition, Salvadoran activists and journalists have spoken about restrictions on civic space, reduced access to public information, pressure on the right to protest, and limitations on freedom of expression[15].
- International Responses
The Guardian published a report entitled “Cemetery of the Living Dead”, examining the experiences of Venezuelan individuals released from CECOT Prison. The report focused on accounts provided by some of the 252 Venezuelan nationals who had been transferred to El Salvador under the strict immigration policies of the Trump Administration and detained in this high-security facility.
According to these accounts, the individuals were transferred to El Salvador without clear information regarding their destination and, after arriving at CECOT, faced beatings, threats, forced shaving of their heads, and humiliating remarks by prison officials. Some detainees stated that during their 125 days of detention, they were denied contact with their families, lawyers, and the outside world and were subjected to severe physical and psychological pressure.
Arturo Suárez, a Venezuelan musician, described prison conditions as so unbearable that some detainees had even considered suicide. The report also referred to hunger strikes, prisoner protests, deprivation of sunlight, and detainees’ efforts to make their voices heard by United States authorities[16].
The accounts published by The Guardian provide a troubling picture of the connection between the migration policies of the United States, the security-oriented approach of the government of El Salvador, and violations of the fundamental rights of foreign detainees.
Amnesty International also issued warnings regarding the situation of Venezuelan and Salvadoran nationals following their arrest and transfer to CECOT. The organization described the expulsion of 238 Venezuelan nationals from the United States to El Salvador, despite a judicial order prohibiting their transfer, as a clear violation of the human rights obligations of the United States and a dangerous endorsement of the security and criminalization agenda of Nayib Bukele’s government.
Amnesty International emphasized that some of these individuals were involved in ongoing judicial or immigration proceedings, some were entitled to legal protections, and others had been accused of belonging to criminal organizations solely on the basis of factors such as tattoos or generalized associations with the Aragua State in Venezuela, without sufficient evidence.
The organization, referring to the prolonged state of emergency in El Salvador, described detention conditions in the country’s facilities, including CECOT, as involving severe overcrowding, lack of adequate medical care, and widespread mistreatment. From the perspective of this organization, the connection between the strict immigration policies of the United States and the security model of the Salvadoran government represents a concerning example of the normalization of the denial of fair trial guarantees and the criminalization of migrants and asylum seekers.
In conclusion, Amnesty International called on the government of El Salvador to restore fair trial guarantees and respect the rights, security, and dignity of all detainees, including those transferred to CECOT[17].
The Just Security platform, based in Washington, D.C., also responded to this issue during the same period in which Venezuelan nationals were transferred to El Salvador. In a report entitled “Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial,” the author argues that sending individuals accused of membership in criminal organizations to a high-security prison in El Salvador is not merely an immigration or administrative measure, but rather an act possessing a criminal and punitive character.
The author argues that the transfer of individuals to CECOT, in the absence of formal charges and procedural guarantees, conflicts with fundamental principles of fair trial. Referring to the harsh conditions of this prison, including prolonged confinement in communal cells, the absence of basic facilities, deprivation of external communication, and official statements by Salvadoran authorities regarding prisoners leaving the facility in “coffins,” the report argues that CECOT is clearly not a civil detention facility, but rather a place where punishment is imposed.
The author further refers to statements by United States and Salvadoran authorities that portrayed the transfer of individuals to CECOT as a deterrent message and a consequence for migrants; a circumstance that, from a legal perspective, indicates the punitive intent of the state.
According to this report, even if the United States Government identifies individuals as “enemy aliens” or members of a criminal organization, their punishment without criminal proceedings and judicial determination of guilt remains incompatible with fundamental principles of constitutional law and fair trial guarantees[18].
Subsequently, the student platform IR Insider, affiliated with New York University, addressed the human rights situation at CECOT Prison in El Salvador in a report. Focusing on the country’s largest mass trial in April 2026, the report explains that 486 prisoners accused of membership in the MS-13 gang were tried collectively, mainly through virtual proceedings, in high-security prisons, including CECOT.
The report emphasizes that these trials were conducted within the framework of expanded laws aimed at combating organized crime and under the context of the multi-year state of emergency declared by the government of Nayib Bukele, which has been repeatedly extended since 2022.
Although the report refers to a significant decline in homicide rates and increased public security in El Salvador, it simultaneously highlights serious concerns raised by human rights organizations regarding violations of fair trial guarantees, mass arrests, collective proceedings, and the risk of wrongful convictions.
According to the report, the removal of time limits on criminal proceedings has resulted in some detainees remaining imprisoned for years without trial. The report also refers, based on human rights documentation, to allegations of physical torture, beatings, psychological pressure, deprivation of basic necessities, and severe restrictions on prisoners’ communication with the outside world[19].
From this perspective, the author presents CECOT Prison not merely as part of the policy against criminal gangs, but as a symbol of the tension between security-oriented governance, the weakening of fair trial guarantees, and growing human rights concerns in El Salvador.
Conclusion
The case of transferring and detaining foreign nationals and deported migrants in CECOT Prison demonstrates that the central issue is not merely the transfer of several groups of deported individuals to a high-security prison, but rather the emergence of a dangerous pattern linking migration policy, securitization, and punishment outside the framework of fair trial guarantees.
Within this pattern, migrants or foreign individuals are represented as security threats before they are recognized as persons entitled to fundamental rights, the right to defense, judicial review, and legal protections. This shift in the logic of governance creates conditions for the normalization of transnational detention, the outsourcing of human rights responsibilities, the denial of access to legal counsel, and the transfer of individuals to environments whose nature is more punitive and criminal than protective or administrative.
From this perspective, CECOT has become a symbol of a broader crisis; a crisis in which states seek to redefine the boundaries of their legal responsibilities by relying on security-based narratives.
At a deeper level, the experience of CECOT demonstrates that the apparent success of strict security policies, such as reducing crime rates or increasing perceptions of public safety, cannot justify disregard for human dignity, the presumption of innocence, the prohibition of torture, and the right to a fair trial.
The continuation of inhumane prison conditions, collective trials, pressure on families, restrictions on access to information, and widespread reactions from human rights organizations all indicate that El Salvador’s security model has come at a significant cost to the rule of law.
Therefore, the CECOT case is not merely a domestic issue in El Salvador or a migration dispute between governments; rather, it represents a serious warning regarding the future of the international system of protection for migrants, persons in vulnerable situations, and fundamental human rights guarantees.
If such patterns continue without effective accountability, there is a risk that transnational detention, forced transfers, and punishment without trial may become normalized components of states’ migration and security policies.
References
[1] NILC. (2025, August 19). Tracking the CECOT Disappearances. NILC. From: https://www.nilc.org/resources/tracking-the-cecot-disappearances/
[2] Alfonsi, S., & Zill de Granados, O., & Brussani, M., & DuCharme, E., & Gordon, E. (2026, January 18). Men detained in El Salvador’s notorious prison detail harrowing experiences: “You’re in hell”. CBS News. From: https://www.cbsnews.com/news/what-deported-venezuelans-endured-at-cecot-60-minutes/
[3] Muñoz-Ledo, R., & Rios, M. (2025, November 12). Dozens of Venezuelans deported from US to notorious Salvadoran prison subjected to torture, rights groups claim in new report. CNN. From: https://edition.cnn.com/2025/11/12/americas/el-salvador-prison-cecot-venezuela-hrw-cristosal-latam-intl
[4] Ocando, G. (2025, July 25). ‘We lived through hell,’ say Venezuelans released from mega-prison in El Salvador. BBC. From: https://www.bbc.com/news/articles/czry5k52np2o
[5] Singh, M. (2026, March 26). Venezuelans deported by US detail fresh claims of torture and abuse at El Salvador mega-prison. The Guardian. From: https://www.theguardian.com/world/2026/mar/26/cecot-human-rights-petition
[6] Martínez-Beltrán, S., & Rueda, M. (2025, July 27). ‘Hell on Earth’: Venezuelans deported to El Salvador mega-prison tell of brutal abuse. Npr. From: https://www.npr.org/2025/07/27/nx-s1-5479143/hell-on-earth-venezuelans-deported-to-el-salvador-mega-prison-tell-of-brutal-abuse
[7] Singh, M. (2025, July 26). Men freed from El Salvador mega-prison endured ‘state-sanctioned torture’, lawyers say. The Guardian. From: https://www.theguardian.com/us-news/2025/jul/26/venezuela-el-salvador-prison
[8] Friedersdorf, C. (2025, November 23). What the Deported Venezuelans Went Through in El Salvador. The Atlantic. From: https://www.theatlantic.com/ideas/2025/11/venezuelan-cecot-el-salvador/685034/
[9] HRW. (2026, March 16). US/El Salvador: Deportees Forcibly Disappeared. HRW. From: https://www.hrw.org/news/2026/03/16/us/el-salvador-deportees-forcibly-disappeared
[10] Agence France-Press. (2025, May 16). Venezuelans deported by Trump are victims of ‘torture’, lawyers allege. The Guardian. From: https://www.theguardian.com/us-news/2025/may/16/venezuelans-deported-trump-lawyers-torture
[11] Luciano, L. (2025, February 14). Inside El Salvador’s notorious CECOT mega-prison, which could soon house deportees from the U.S. CBS News. From: https://www.cbsnews.com/news/inside-el-salvador-notorious-cecot-mega-prison/
[12] Angell, K. (2026, April 14). Terrorism Confinement Center. Britannica. From: https://www.britannica.com/topic/Terrorism-Confinement-Center
[13] Lemus, L. (n.d). Inside CECOT, The Prison that Nobody Leaves. Connectas. From: https://www.connectas.org/inside-cecot-the-prison-that-nobody-leaves-el-salvador/
[14] Gavarrete, J. (2026, March 20). Inside El Salvador’s prison system. D+C. From: https://www.dandc.eu/en/article/el-salvador-penalty-system-cecot-trumpmodern-hi
[15] Espinoza, C. (2025, October 3). MOVIR expresses concern over mass trials that could last for months in El Salvador. La Prensa Gráfica. From: https://www.laprensagrafica.com/elsalvador/MOVIR-muestra-preocupacion-por-juicios-masivos-que-podrian-durar-meses-en-El-Salvador-20251003-0100.html
[16] Phillips, T., & Rangel, C. (2026, July 29). ‘Cemetery of the living dead’: Venezuelans recall 125 days in notorious El Salvador prison. The Guardian. From: https://www.theguardian.com/us-news/2025/jul/29/venezuela-cecot-prison-el-salvador-trump-immigration-crackdown
[17] Amnesty International. (2025, March 25). Unlawful Expulsions to El Salvador Endanger Lives Amid Ongoing State of Emergency. Amnesty International. From: https://www.amnesty.org/en/latest/news/2025/03/unlawful-expulsions-to-el-salvador-endanger-lives-amid-ongoing-state-of-emergency/
[18] Arulanantham, A. (2025, March 23). Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial. Just Security. From: https://www.justsecurity.org/110679/deportation-cecot-punishment/
[19] Cojab, V. (2026, May 17). Inside El Salvador’s Largest Mass Trial. IR Insider. From: https://www.irinsider.org/latin-america-1/inside-el-salvadors-largest-mass-trialnbsp
