The penal reform in El Salvador, promoted by the Government of Nayib Bukele, establishes the life sentence for minors convicted of homicide, rape, and terrorist group crimes. Magistrates of the Supreme Court of Justice presented the details on Monday before the Political Commission of the Legislative Assembly.
Details of the penal reform explained by magistrates
The president of the Criminal Chamber, Alejandro Quinteros, and the president of the Administrative Contentious Chamber, José Galo, emphasized that this penal reform in El Salvador modifies the regime for minors. Quinteros specified: “A penal reform has been proposed in the field of minors”, with the possibility of reviewing the life sentence after 25 years, allowing access to controlled freedom.
This period is shorter than for adults, aligning with the UN General Comment 24 of 2019. This document prohibits life sentence without review for minors under 18 years old at the time of the crime. The penal reform in El Salvador provides for periodic reviews every five years.
Security context and background in El Salvador
Response to gang violence
El Salvador faces historically high homicide rates, with 38 per 100,000 inhabitants in 2019, according to data from InSight Crime. Under Bukele, massive arrests of gang members have reduced homicides to less than 3 per 100,000 in 2024. This penal reform is part of a constitutional amendment to toughen penalties against organized crime, such as MS-13 and Barrio 18 gangs.
- In 2022, Bukele decreed a state of exception, arresting over 75,000 suspected gang members.
- The life sentence for adults has been in effect since 2023 for serious cases.
- Minors represented 10% of arrests in 2024, according to the official prison census.
International debate and compliance with standards
Human rights experts, such as Human Rights Watch, criticize the extension to minors, arguing risks of abuse. However, Quinteros emphasized that the sentence is “reviewable”, complying with the UN: “It establishes the possibility of being released”.
The penal reform in El Salvador aims to balance public security and children’s rights, in a country where 90% of juvenile homicides are linked to gangs, according to reports from the National Civil Police. This measure reinforces state control over juvenile delinquency, with a focus on conditional rehabilitation.
The legislative debate continues, while the penal reform in El Salvador marks a milestone in the fight against violence. Magistrates insist on their alignment with global standards for the life sentence of minors.
