El Salvador: Joint statement marking one year since the arbitrary detention of Enrique Anaya

One year after the arbitrary detention of lawyer Enrique Anaya, Lawyers for Lawyers (L4L) and the International Observatory for Lawyers at Risk (OIAD) remain deeply concerned about his ongoing deprivation of liberty and the continuing violations of his fundamental rights.

Enrique Anaya, a constitutional lawyer, was arrested on 7 June 2025 on money laundering charges. His detention took place shortly after he publicly criticized a number of government measures, including the concentration of state powers in the Executive Branch, the weakening of the separation of powers, the shrinking of democratic participation spaces, and the detention of lawyer Ruth Eleonora López.

Since the outset of his detention, Anaya has been held in conditions incompatible both with due process guarantees and the right to a fair trial, as well as with international standards governing the humane treatment of persons deprived of their liberty. His detention has been characterized by prolonged isolation, restrictions on contact with his lawyers and family members, obstacles to accessing his case file and the evidence against him, and limitations on his ability to fully understand the charges against him and adequately prepare his defense. In addition, his right to health remains at risk, as he suffers from a medical condition requiring specialized treatment, and there is insufficient public information regarding the medical care he is receiving while in detention.

The Inter-American Commission on Human Rights (IACHR) granted precautionary measures in favor of Enrique Anaya through Resolution 67/2025, ordering the Salvadoran State to take the necessary measures to protect his life, personal integrity, and health; guarantee regular contact with his family and legal counsel; and review the continuation of his pretrial detention in accordance with applicable international standards, including the possibility of alternative measures. In its resolution, the IACHR took into account both the risks faced by human rights defenders in El Salvador and Enrique Anaya’s public profile as a constitutional lawyer who has participated in debates on democratic institutions and human rights and who has been labelled by a presidential adviser as “the opposition’s leading lawyer.”

However, the precautionary measures granted by the IACHR have not been satisfactorily implemented. As the criminal proceedings approach the end of the investigative phase and one year has passed since his arrest, serious concerns remain regarding the protection of his fundamental rights. In particular, he has effectively been denied a meaningful review of his pretrial detention to assess whether it could be replaced by less restrictive measures.

The detention of Enrique Anaya is particularly alarming because it appears to constitute retaliation for the legitimate exercise of the legal profession and for the exercise of his right to freedom of expression.

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El Salvador: Joint statement marking one year since the arbitrary detention of Enrique Anaya