The Impact Litigation Program of the Center for Human Rights and Humanitarian Law at American University Washington College of Law (AUWCL) joined four former presidents of the Inter-American Commission on Human Rights (IACHR) in submitting an amicus curiae brief urging protection for Salvador Enrique Anaya Barraza, a constitutional lawyer, academic, and outspoken critic of democratic backsliding in El Salvador.

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On September 22, 2025, the IACHR adopted Resolution 67/2025, granting precautionary measures in favor of Mr. Anaya, who has been detained since June 7, 2025, under conditions that raise serious human rights concerns. Held incommunicado without contact with his family or legal representatives, his situation has been described as particularly alarming given his age and chronic illnesses. These violations occurred in a broader context of democratic backslidings and attacks, preceded inter alia by the arbitrary detention of Ruth López, another notable human rights defender in El Salvador.  

AUWCL Faculty Lead Regional Advocacy

The amicus curiae brief was submitted in support of the initial request for precautionary measures (MC-929-25) brought before the IACHR by Mr. Anaya’s relatives. The brief was co-signed by Professors Carlos Ayala Corao, Robert Goldman, Claudio Grossman, and Juan Méndez—all former IACHR presidents—reflecting AUWCL’s longstanding leadership in international human rights law and advocacy.

The submission also received support from Eduardo Bertoni, director of the Center and former IACHR Rapporteur on Freedom of Expression, and was prepared with the contributions of Carmen Ponce, Zuzana Pavlíčková, and Assistant Director Marta Treviño Leyva of the Impact Litigation team.

“The participation of AUWCL faculty members who have led the Inter-American Commission underscores both the urgency and importance of this matter,” said Treviño Leyva, assistant director of the Impact Litigation Program. “Our students and faculty are deeply committed to using the law as a tool to protect those defending democracy and human rights in the region.”

Advocating for Rule of Law and Civic Space

The amicus argued that Mr. Anaya’s detention exhibits elements of systematic  arbitrariness and violates international human rights standards. It urged the Commission to order his immediate release as a precautionary measure, citing serious risks to his life, health, and personal integrity, as well as precarious conditions of his detention.

The brief also contextualized the violations within a broader pattern of repression in El Salvador, highlighting systematic attacks on human rights defenders, journalists, and members of civil society, alongside the erosion of judicial independence and the rule of law.

Acknowledging the gravity of the risks Mr. Anaya faces, despite not ordering his immediate release, the Commission urged the Salvadoran government to take immediate measures to:
•  Protect his life, integrity, and health.
•  End his prolonged incommunicado detention.
•  Guarantee contact with his family and legal representatives.
•  Ensure detention conditions meet international standards, including access to medical care.
•  Investigate the circumstances of his detention and their connection to his work as a human rights defender.
•  Review the continuation of his pretrial detention and consider other alternative measures. 

“Mr. Anaya’s experience is emblematic of the challenges facing human rights defenders in the region,” said Professor and Dean Emeritus Claudio Grossman, former IACHR president. “It underscores the continuing importance of the Inter-American system as a safeguard for those who stand up for the rule of law and democratic accountability.”

In its reasoning, the IACHR situated the attacks against Mr. Anaya within a wider context of democratic erosion and the silencing of critical voices in El Salvador. The Commission also granted precautionary measures to the renowned human rights defender Ruth López, detained since May 2025, further confirming a disturbing pattern of political persecution.

AUWCL’s Continued Commitment to Human Rights Advocacy

Through the Impact Litigation Program, AUWCL engages students and faculty in strategic litigation before international bodies, promoting accountability and justice for victims of human rights violations across the Americas and beyond.

“This work not only protects individuals at risk,” said Eduardo Bertoni, director of the Center for Human Rights and Humanitarian Law, “but also strengthens the rule of law and helps shape the international legal standards that protect civic space and democratic institutions.”

The program’s ongoing contributions—ranging from amicus curiae briefs and urgent actions to legal interventions before regional human rights bodies—reflect AUWCL’s enduring mission to champion human rights, justice, and democracy worldwide.

For more information about the Impact Litigation Program contact Assistant Director Marta Treviño Leyva at il@wcl.american.edu.