17/04/2025
The Death of Due Process: When Prisons Become Concentration Camps
In the shadow of modern authoritarian rhetoric, the line between prison and concentration camp grows dangerously thin. As governments around the world employ increasingly harsh measures to control dissent, the principle of due process—the cornerstone of democratic justice—is under siege. The chilling phrase “Prison without due process is a concentration camp” is not hyperbole. It is a warning rooted in history, political science, and observable contemporary policy. When a government deprives individuals of liberty without lawful procedure, it has effectively created a system of political internment, no different in principle than the darkest regimes of the 20th century.
Defining Due Process and Its Role in Democracy
Due process is enshrined in the Fifth and Fourteenth Amendments of the United States Constitution, guaranteeing that no person shall be "deprived of life, liberty, or property, without due process of law" (U.S. Const. amend. V, XIV). It requires that individuals be notified of charges, allowed to respond, and judged by an impartial tribunal. Due process is not just a legal technicality—it is the mechanism by which power is restrained and justice upheld.
Removing this safeguard transforms punishment from a legal consequence to a political weapon. The imprisoned cease to be criminals and become captives—often with no formal accusation, trial, or evidence.
Historical Precedents: From Manzanar to Gulags
The most notorious examples of detention without due process include the N**i concentration camps, Stalin’s gulags, and the internment of Japanese-Americans during World War II. These systems imprisoned millions without fair trial, often for vague or nonexistent crimes.
In 1942, over 120,000 Japanese-Americans were placed in U.S. internment camps without due process under Executive Order 9066. Later investigations by the Commission on Wartime Relocation and Internment of Civilians concluded that the internment had been motivated by “racial prejudice, wartime hysteria and a failure of political leadership” (CWRIC, 1982).
Similarly, in Soviet Russia, gulags were used not only for criminals but for “enemies of the state”—a term that conveniently encompassed dissenters, intellectuals, and minorities (Applebaum, 2003).
Contemporary Echoes: El Salvador and the U.S. Rhetoric
El Salvador’s mega-prison, the CECOT (Centro de Confinamiento del Terrorismo), is a modern example of incarceration without adequate legal recourse. President Nayib Bukele’s war on gangs has led to the detention of over 75,000 people—often without warrants or clear charges. Human rights organizations like Amnesty International have documented systemic abuses, arbitrary arrests, and deaths in custody (Amnesty, 2023).
In April 2025, former President Donald Trump praised Bukele’s prison and suggested that similar methods be adopted in the U.S., referring to unspecified "home-growns" as the next target (The Times). He called for the construction of “five more” prisons like Bukele’s and described political opponents using terms like “communists” and “criminals,” paving the rhetorical path for mass incarceration of domestic dissenters.
This language mirrors authoritarian regimes that delegitimize opposition by criminalizing ideology. Once an individual or group is labeled as dangerous or subversive, due process becomes an inconvenience rather than a necessity.
The Dangers of Normalizing Extra-Legal Incarceration
The erosion of due process leads directly to a society where fear replaces law. Without judicial oversight, incarceration becomes a tool of oppression. The state’s enemies are no longer criminals—they are fabricated threats used to justify suppression.
As historian Hannah Arendt wrote, “The concentration camp is the institution that substitutes administrative measures for justice and punishment for crime” (Arendt, 1951). In other words, once law is replaced with executive decree, democracy collapses.
Conclusion: A Call for Resistance
The phrase “prison without due process is a concentration camp” is not just political graffiti—it is an indictment of any government that imprisons without law. In the United States and abroad, the rising authoritarian playbook depends on fear, dehumanization, and the removal of rights. Citizens must recognize that due process is not negotiable. Once it is lost, freedom follows.
References
Amnesty International. (2023). El Salvador: Human rights crisis under the state of emergency. https://www.amnesty.org/en/latest/news/2023/10/el-salvador-human-rights-crisis/
Applebaum, A. (2003). Gulag: A History. Doubleday.
Arendt, H. (1951). The Origins of Totalitarianism. Harcourt, Brace.
Commission on Wartime Relocation and Internment of Civilians (CWRIC). (1982). Personal Justice Denied.
The Times. (2025). Trump tells El Salvador's Bukele to build more prisons for 'home growns'. https://www.thetimes.co.uk
U.S. Const. amend. V, XIV.
