The Cost of Security: Torture and Punitive Populism in El Salvador's Anti-Gang Strategy

The purpose of this thesis is to provide an assessment to the complex interplay between punitive security measures used to contrast gang violence in El Salvador post-war period. In particular, this document targets issues of torture, human rights violations and organized crime. At first, the research addresses the legal definition and framework of protection regarding torture and crime, its instruments and the actors. It follows the exploration of the immediate post-war challenges faced by El Salvador and the conditions that contributed with the rise and institutionalization of organized crime under the form of gangs. Theoretical concepts such as punitive populism and Enemy Criminal Law are explored as an explanation for the use of a particular punitive strategy in contrasting organized crime. Consequently, the document addresses the evolving policies applied as a strategy against gang violence and how these raised concerns regarding their effectivity and the impact they had on individuals. The institutional response using punitive policies is analysed starting in 2003 until 2018. The discussion is structured around the State action and the shortcomings of the policies resulting in the rise of violence and generalized cases of torture and ill-treatment against gang members. After 2019, the discussion is structure around the use of an extraordinary constitutional tool to fight gang violence and institutionalizing ill-treatment and torture against gang members. The narrative built around the individuals who belong to these gangs promotes the legitimation of State punitive actions against them. The reaffirmation of this model is confirmed with the last elections held in February 2024. As a conclusion, in an environment where violence is endemic and the State action is ineffective, the rise of populist punitive leaders can lead to the use of unconventional constitutional tools and the institutionalization of human rights violations legitimize by the majority.