Extortion is a criminal act where an individual unlawfully compels another person to provide money, goods, or services through threats, intimidation, or coercion. In El Salvador, extortion has been a pervasive issue, primarily driven by notorious gangs such as MS-13 and Barrio 18.
These gangs have historically relied on extortion as a principal means of financing their operations, using the proceeds to acquire weapons, support incarcerated members, and sustain their criminal enterprises.
The Gravity of Extortion in El Salvador
Extortion has deeply impacted El Salvador’s economy and society. At its peak, approximately 70% of businesses were subjected to extortion demands, with the transportation sector being notably affected.
The cumulative economic toll was staggering, with losses estimated at around $4 billion annually, equating to about 15% of the nation’s GDP. The pervasive nature of this crime instilled fear among citizens, leading to widespread displacement and migration as families sought safety from gang-imposed threats.
Legal Framework and Penalties
In response to the rampant extortion activities, the Salvadoran government enacted stringent laws to deter and punish offenders. The Special Law Against Extortion stipulates:
- Standard Extortion: Punishable by imprisonment ranging from 10 to 15 years.
- Aggravated Extortion: In cases involving aggravating factors—such as the involvement of multiple perpetrators, use of weapons, or targeting vulnerable individuals—the penalty can increase by up to one-third, leading to sentences of up to 20 years.
Furthermore, the law allows authorities to initiate investigations without a formal complaint, enhancing the state’s ability to combat this crime proactively.
Government’s Stance and Measures
Recognizing the intrinsic link between extortion and gang activities, the Salvadoran government has adopted a zero-tolerance policy. In 2015, the Supreme Court officially designated gangs like MS-13 and Barrio 18 as terrorist organizations, categorizing their members accordingly.
In El Salvador, gangs such as MS-13 and Barrio 18 have been legally recognized as terrorist organizations since a 2015 ruling by the Constitutional Chamber of the Supreme Court (case 22-2007AC). This designation also extends to any other group—regardless of its nature or stated purpose—that seeks to usurp state functions, instills fear through organized violence, or systematically violates fundamental rights.
One of the most recent legislative updates, Decree No. 337, issued in 2022, further reinforced the country’s legal framework against gangs and terrorism. This decree hardened penalties and expanded the state’s capacity to dismantle these groups, reaffirming El Salvador’s uncompromising stance on criminal structures that threaten national security.
These criteria include having a structured organization, employing violent or inhumane methods to instill fear or insecurity among the population, and attempting to usurp state functions such as territorial control or the legitimate use of force.
This classification is not limited to traditional criminal gangs; it extends to any group, including those with political, economic, or other motivations, that systematically threatens public order and fundamental rights.
Consequently, if a religious group in El Salvador were to engage in activities that align with these criteria—such as organized violence, coercion, or attempts to override state authority—it could be designated as a terrorist organization under this legal framework.
The court’s decision emphasizes that the classification hinges on the group’s actions and impact on society, rather than its ideological or religious affiliations. This approach underscores the government’s commitment to addressing threats to national security and public safety, irrespective of the group’s underlying identity or objectives.
This classification underscores the severity with which the state views gang-related crimes, including extortion.
Under President Nayib Bukele’s administration, a comprehensive security strategy known as the “Territorial Control Plan” was implemented. This initiative led to the arrest of over 70,000 suspected gang members and a significant reduction in extortion cases—reportedly by more than 90%.
The government’s aggressive approach reflects its commitment to restoring safety and order, even as it faces scrutiny over potential human rights concerns.
Conclusion
Extortion is a crime that has been directly linked to gangs (terrorist groups), and this crime has been associated with thousands, or even tens of thousands, of murders (since gangs used to kill those who did not pay extortion).
Therefore, in El Salvador, it is a highly serious crime, and in the most severe cases, it carries a maximum penalty of 20 years in prison. (For example, on the same day we published this article, we came across a news report about individuals being sentenced to 20 years in prison for the crime of extortion).
