Bukele proposes conditional release for 5,000 alleged gang collaborators

El Salvador’s President Nayib Bukele has announced a plan to review the cases of approximately 10,629 detainees classified as "casual collaborators" with gangs, potentially granting early release to half of them. This initiative, centered on the "Cero Ocio" program which requires public works in exchange for sentence reduction, marks a significant shift from the administration's previously uncompromising stance. Bukele clarified that active gang members will not be released, stating, "No gang member will ever go free." He categorized the prison population into four groups: full members (42,125), operational affiliates (25,910), habitual collaborators (17,793), and casual collaborators (10,629). Only the latter group is eligible for this review.

The announcement has sparked intense debate regarding due process and human rights. Human rights organizations, including Socorro Jurídico and Cristosal, argue that the measure undermines the presumption of innocence. They warn that innocent detainees may feel coerced into confessing to crimes they did not commit solely to secure freedom. Socorro Jurídico estimates that one-third of the 93,000 people detained under the state of exception are innocent. Critics also highlight that the government, rather than the judiciary, controls the selection criteria, raising concerns about executive overreach.

Conversely, government officials defend the strategy as necessary for reintegration and security. The Attorney General, Rodolfo Delgado, reported that while over 10,500 individuals have been convicted, nearly 90% of all detainees remain awaiting trial. Minister of Justice Gustavo Villatoro emphasized that the judicial system remains active and that benefits are strictly tied to cooperation. Meanwhile, families of victims continue to demand justice, with some reporting that their loved ones were arbitrarily detained or died in custody. The legislative branch recently approved the 56th extension of the state of exception, maintaining the legal framework that allows these detentions without judicial warrants.