In his address to the UN General Assembly in New York on September 24^th, President Mauricio Funes denounced the “terrorism” and the “bloodiest war” inflicted on El Salvador and the region by drug trafficking and organized crime.  He called on the United States to take the leadership in the battle against the “death industry.” Organized crime has infiltrated Salvadoran state institutions, the president said, “especially the judiciary and the police force.”

The judiciary has come under increased scrutiny during recent months with attempts by conservatives to muzzle the reform-minded justices of the Supreme Court (CSJ). Following the court’s August ruling that prevented the arrest and extradition of nine ex-soldiers and officers accused by a Spanish judge of participation in the 1989 Jesuit massacre, the four independent justices spoke bluntly about the corruption and obstructionism that plagues the court and indeed, the entire judicial system.

Meanwhile, also in New York, First Lady Vanda Pignato received a United Nations award for her work in developing Ciudad Mujer (Woman City), considered to be a model project for women in Latin America, and Carlos Dada, director of the online journal El Faro, was honored with the Columbia University School of Journalism’s Maria Moors Cabot award for “honest and high-quality journalism…in a region…where the media is highly biased and even corrupt.”

Human Rights and the Judiciary

“It is a decision based on lies.”
Andreu Oliva, Rector, University of Central America (UCA)

“[We are] sons of the Armed Forces; we were born and grew up and must take
shelter in our mother, the Armed Forces, and that is why we went there.”
Ret. Colonel Juan Orlando Zepeda

On the morning of August 26^th, the nine ex-officers and soldiers indicted by Spanish Judge Eloy Velasco for alleged roles in the 1989 Jesuit massacre left the military garrison in San Salvador where they had sought refuge from INTERPOL arrest warrants for 20 days. The CSJ ruled that the men could not be arrested without a Salvadoran legal order, also arguing that no official request had been received from the Spanish government and that a “red notice” requires location of the accused, but not detention. Speaking for the conservative majority of the court, Ulises del Dios Guzmán said an INTERPOL alert “cannot override national and legal authorities.” The nine now have unrestricted freedom in El Salvador but not in the rest of the world; the red notices will remain on INTERPOL’s website.

Several of the accused attended a religious service to celebrate the ruling. Ret. Air Force Commander General Juan Rafael Bustillo said he was always ready to “show my face” because the charges were “rubbish…a pure lie.”

ARENA leaders continue to criticize the “interference” of the Spanish court. “The issue has been overcome,” declared former President Armando Calderon Sol, “What we have to do is defend our sovereignty.”

The contradictions surrounding the warrants have not been clarified – it is has not even been confirmed if the men were ever under arrest. President Funes insisted mid-August that they were in custody, but then endorsed the Supreme Court ruling, prompting  José Maria Tojeira, the former rector of the UCA (the Universidad de Centroamerica, where the Jesuit massacre took place) to voice his “great sadness” at the president’s position. But, he added, the UCA is not participating in the Spanish prosecution: “Our main interest is that the Salvadoran judicial system functions and is capable of imparting real justice.”

Meanwhile, ret. Cnel. Inocente Orlando Montano, also on the INTERPOL list, is still in Massachusetts following his detention in August on immigration charges. He was released on bail and is wearing an electronic bracelet. The date for the hearing has not been publicly announced but he could face extradition to Spain.

On September 14^th, seven more former officers indicted and summoned by Judge Eloy Velasco failed to appear for a hearing in Madrid. Defense attorney Lisandro Quintanilla said the accused did not appear “because they were going to be arrested in Spain and they don’t have the money to pay the bail the judge asked for.”  Judge Velasco then requested INTERPOL action; warrants for five of the accused were received by Salvadoran police (PNC) on September 20th. According to PNC Inspector Howard Cotto, the red notices were promptly sent to the Supreme Court. Cotto explained that the men could not be arrested “according to the (August) ruling of the Court.” The justices were set to discuss the case on September 27^th, however, the meeting was postponed as the court did not meet quorum. Another legal circus could play out in El Salvador in the coming weeks. (Updated warrant list below.)

In the opinion of prosecuting attorney Manuel Ollé of the Spanish Human Rights Association, El Salvador violated both INTERPOL procedures and its extradition treaty with Spain. The legal language “is not questionable but absolutely …clear for all countries,” he insisted. “These are the most serious and most aberrant (crimes) that can be committed…and cannot remain impugn.” According to international law, Ollé explained, if the accused are not extradited, they must be prosecuted in El Salvador. For its part, the Spanish government criticized the “lack of reciprocity” in extraditions and will refuse to extradite Joaquín Alviz, accused of corruption in El Salvador.

“When justice and politics mix, justice is prostituted.”
Belarmino Jaime, President of the Supreme Court

Mirna Perla, a justice considered to be a moderate on the Supreme Court, acknowledged “irregularities” in the Jesuit ruling and said “we were aware that it was a bad signal, an error, because the country looks bad at the international level.”  In the opinion of Judge Florentín Meléndez, the decision also violated the Salvadoran penal code which calls for immediate arrest in response to a red notice.

During recent weeks, the four independent judges of the Constitutional Court have been outspoken in their criticism of the judiciary. “Politicking affects the independence of the judges,” declared Rodolfo González . Belarmino Jaime, who also serves as president of the Constitutional Court said there “It has been clear that in my cases the interests of the political parties are placed above the interests of the country.” According to Judge Sidney Blanco, hundreds of complaints have been filed against lower court judges but it is difficult to advance due to the refusal of some judges on the Supreme Court, which is charged with investigating these complaints.

Judge Florentín Meléndez directly accused Criminal Court Judge Ulises del Dios Guzmán of leading the group of Supreme Court justices who continually block efforts to purge the judiciary of corrupt magistrates, notaries and lawyers. “This is unsustainable,” he said, “The citizenry is waiting, rightfully, for the judicial branch to be cleaned up…If not, we cannot have the timely, efficient and complete justice that the Constitution demands.”

Of the 900 complaints filed against lower court judges only 19 have been deliberated by the Supreme Court since January 2010. In the last two years, six lower court judges have been accused of links to organized crime, but not one case has been resolved.  Eight of the fifteen justices on the court must agree in order to issue rulings; delaying tactics, the independent judges say, include filibusters and absenteeism.

Criminals are escaping prosecution, according to Minister of Defense David Munguia Payés, because the judicial system “is not working well.” U.S. Ambassador Mari Carmen Aponte added her voice to concerns about the judiciary, saying the United States is working with the Salvadoran government to combat corruption: “We and the government are committed to the rule of law.”

Attorney General Romeo Barahona also bears responsibility for the perpetuation of impunity. Benjamin Cuellar of the UCA’s Human Rights Institute (IDHUCA) said Barahona’s management has been inept and that his negligence has favored organized crime. According to Justice Mirna Perla, transnational and white collar criminals continue to enjoy impunity: “There is serious evidence that instead of receding, organized crime is gaining more power.” The situation is not changing, she explained, because the Attorney General is not prosecuting these crimes.

The magistrates will be up for review by the National Assembly in 2012. Meanwhile, there is sentiment in El Salvador for the country to sign on to the International Criminal Court, (ICC). Assembly President and FMLN Deputy Sigfrido Reyes said: “El Salvador cannot be against the world current that eliminates impunity.” Reyes believes the atmosphere in the National Assembly is “favorable” for passage of the Rome Statutes establishing the ICC and urged President Funes to send a proposal to the legislature for ratification.

“The truth is very important for the future of the nation.”
Auxiliary Bishop Gregorio Rosa Chávez

The 1980 assassination of Archbishop Óscar Arnulfo Romero is seen by historians as the event that triggered all-out war.  But, for 31 years, the identity of the sharpshooter who pulled the trigger has mystified investigators. He may have finally been identified as Marino Samayoa Acosta, a former member of the National Guard (GN).

On September 9^th, the Salvadoran daily newspaper Diario Co Latino (DCL) broke the story based on information from “sources close to the circles of Roberto D’Aubuisson,” the founder of ARENA named by the Truth Commission as leader of the conspiracy to murder the archbishop. Acosta, the alleged shooter, was a 1^st Sergeant in the intelligence section of the GN (Section II) and a member of the security team of Colonel Arturo Armando Molina, president from 1972-77.

According to the source, there were just two good sharpshooters in El Salvador in the 1970’s: Acosta was one and the other, “El Chato Castillo” of the National Police, was the shooter responsible for the killing of dozens of university students during a demonstration on July 30, 1979.

Truth Commission findings that Archbishop Romero’s assassination was ordered by Roberto D’Aubuisson were corroborated by Amado Antonio Garay Reyes, the driver for one of D’Aubuisson’s co-conspirators, during a 1987 hearing in San Salvador. According to Garay, D’Aubuisson assigned operational responsibility over the assassination to Captains Eduardo Ávila and Álvaro Rafael Saravia.  Ávila was killed in 1994 under mysterious circumstances; Saravia, according to an interview with El Faro published last year, is in Honduras. The murder weapon, a 22-caliber rifle, belonged to Captain Ávila.

Garay testified that he never knew the identity of the sharpshooter but described him as a bearded man, “made of ice…very calculating,” who was given the assignment on the recommendation of Mario Molina, the son of the former president.

The alleged assassin disappeared after Romero’s assassination on March 24, 1980. If still alive, Marino Samayoa Acosta would be 62 years old. Auxiliary Bishop Rosa Chávez stated that the Catholic Church has pardoned everyone involved in the case, and he called on Samayoa Acosta to come forward: “We would greatly appreciate his contribution. The church does not bear a grudge or hatred…but we can’t ignore the truth.” Archbishop Romero “continues showing the way for the people, even those who don’t believe in God,” Rosa Chávez said.

No one has ever faced criminal prosecution in the case. According to the director of Tutela Legal, the human rights office of the Catholic Church, any legal action must be authorized by church hierarchy. “The (Salvadoran) justice system will never act to clear up the assassination of Monseñor Romero,” Ovídio Mauricio Gonzalez affirmed. “Our only recourse is (with) international institutions.” For his part, Archbishop José Escobar Alas said the church is carefully analyzing legal options based on new information: “We are not going to rush….but we are evaluating this.”

Security and Organized Crime

“El Salvador …is a key partner in our efforts to destroy the threat
presented by transnational organized crime and gangs.”
Secretary of State Hillary Clinton

On September 16^th, El Salvador was added to the White House list of 22 major drug transshipment or producing countries as “vulnerable to the drug trade.” In his address to the UN, President Funes acknowledged that the cartels have more money and influence than the governments of the countries where they operate.

In a follow-up to a June meeting in Guatemala, Secretary of State Clinton met in New York on September 23^rd with the “Group of Friends of Central America” including representatives of nine countries, the World Bank, International Development Bank, the OAS and the UN. The group discussed implementation of projects for the region to combat and prevent crime, strengthen democratic institutions, and assist with rehabilitation and prisons. The projects will include efforts to increase access to technology, technical support and financial resources.  Ambassador Mari Carmen Aponte stated that Salvadoran Foreign Minister Hugo Martínez, who hosted the meeting, showed “good leadership and a serious commitment in the fight against insecurity in the region.” Aponte added that El Salvador’s appearance on the White House drug list “doesn’t mean their efforts are not impressive…We are all vulnerable.”

The Senate Caucus on International Narcotics Control issued its report on “crisis levels” of violence in Central America, concluding that impunity “is the law of the land” in the region, which offers a “business-friendly environment” for the drug cartels. Among a series of sensible, low-cost recommendations, the Caucus suggested support for a Salvadoran version of the UN-sponsored investigative commission in Guatemala, for vetting of police and judicial units and for protection programs for witnesses, judges and prosecutors.

One consequence of the unremitting violence plaguing El Salvador has been the proliferation of clandestine cemeteries around the country. Since 2006, 513 bodies have been disinterred from unmarked graves, most in empty lots in high-risk areas. Forensic authorities report that 95% were minors under 17, 85% of them female. The homicides are attributed in large part to intra-gang violence, with young women often targeted for execution due to their association with a rival gang.  According to forensics technician Israel Ticas, the women are victims of horrific brutality including rape, torture and dismemberment, while male victims are generally executed with a bullet to the head.

Foreign Policy

• Despite El Salvador’s strategic partnership with the U.S. and its decision to send troops to Afghanistan, the Funes administration also continues to advance foreign policy stances that are not aligned with or criticize U.S. policy. In August, the president announced support for a Palestinian state. Funes repeated this call during his UN General Assembly discourse, and additionally called for an end to the embargo on Cuba saying it “causes disunity and weakens the continent.”

• El Salvador will participate in the “Open Governments” initiative launched by Brazilian President Dilma Rousseff and President Obama. Supported by the UN, the program will work to guarantee transparency in governance and “reduce spaces for corruption.” Eighty countries are eligible to participate and will meet in Brazil next year.

Politics

On September 20^th, the Supreme Electoral Tribunal (TSE) ratified the ruling of the Constitutional Court cancelling both the Christian Democratic Party (PDC) and National Conciliation Party (PCN.) The PCN has collected sufficient signatures to reregister as National Conciliation (CN), preserving the PCN’s leadership and composition under a new name and legal status. The future of the PDC is still in doubt.

With legislative and local elections just months away, recent conservative polls indicate that ARENA is recovering some of the territory lost after the 2009 electoral defeat and subsequent fractious split in the party.

• La Prensa Grafica survey of likely voters:

Deputies (FMLN 24.5%, ARENA 22.1%)

Mayors (ARENA 25%, FMLN 20.3%)

• Mitofsky survey gave President Funes a 65% approval rating, down from 72% in January and 67% in May

Deputies (ARENA, 27.8%, FMLN 25.8%)

Mayors (ARENA 29.4%, FMLN 25.8%)

While FMLN spokesperson Roberto Lorenzana dismissed the polls as “not necessarily objective” and “part of the media campaign against the FMLN,” UCA analyst Jeanette Aguilar said she sees the same phenomenon of a return to support for ARENA but “not as great” as these polls indicated, and attributed the ARENA resurgence to public concerns about security and the high cost of living.

And finally, a Latin American business pollster, CIMA, reported 67% approval rating for Funes with the following confidence ratings for state institutions:

Supreme Court (20%)

National Civil Police (27%)

National Assembly (15%)

Armed Forces (54%)

More WikiLeaks: El Faro has published 100 cables from the Embassy including:

• “ARENA lived a cruel internal war in 2008”
• “FDR [Frente Democrático Revolucionario] told the U.S. that the party falsified signatures to register with the Supreme Electoral Tribunal”
• “Since 2009 Funes committed himself with the U.S. to send troops to Afghanistan”
• “US Embassy doubts the integrity of ex-president Saca”

Recommended Reading:

“Responding to Violence in Central America.” U.S. Senate Caucus on International Narcotics Control

“Organized Crime in Central America: The Northern Triangle.” Woodrow Wilson Center

“Insight Crime Special: The Zetas in Guatemala Insight

“Latin America: Dictatorships Meet Justice Decades On” IPS News Service

Attachment: Jesuit Case Updated Indictments List

The ten former military officers and men requested by Spanish Judge Eloy Velasco, 7/26/11/ for participation in the Jesuit massacre (Ranks in 1989):

Cnel. Juan Orlando Zepeda: Vice-Minister of Defense

Gral. Rafael Humberto Larios: Minister of Defense

Gral. Juan Rafael Bustillo: Commander of the Air Force

Gral. Rene Emilio Ponce: EMCFA (deceased 5/2/11)

Cnel. Francisco Elena Fuentes: Commander, First Brigade

*Oscar Mariano Amaya Grimaldi:Corporal, Atlacatl Battalion

*José Ricardo Espinoza Guerra: Lieutenant, Atlacatl Battalion

*Tomás Zarpate Castillo: Sgt. Atlacatl Battalion

*Antonio Ramiro Avalos Vargas: Sgt. Atlacatl Battalion

*Gonzalo Guevara Cerritos: 1^st Lieutenant Atlacatl Battalion

*Members of BIRI Atlacatl Commando Unit

Warrant also requested on July 26^th for:

Cnel. Inocente Orlando Montano: Vice-Minister Public Security (in U.S., Everett ,MA)

Warrant list September 20, 2011:

Cnel. Joaquín Arnoldo Cerna Flores: EMCFA, C-3 Operations

Cnel. Carlos Mauricio Guzmán Aguilar: Director DNI (Intelligence)

Cnel. Oscar Alberto Leon Linares: Commander of Atlacatl Battalion

Cnel. Guillermo Alfredo Benavides: Military Academy Director

Lt. Héctor Cuenca Ocampo: DNI (previously lived in northern California; was believed to be under U.S. witness protection)

Not yet on Interpol list:

Lt. Col. Carlos Camilo Hernandez Barahona: Assistant Director Military Academy

*Lt. Rene Yusshy Mendoza Vallecillos: Atlacatl Battalion

*Angel Perez Vasquez: corporal, Atlacatl

*Jose Alberto Sierra Ascencio: private Atlacatl

1991 Trial

Colonel Guillermo Alfredo Benavides (sentenced to 30 years, released in 1993 under the amnesty)

Lt. Espinoza Guerra (3 years)

1st Lt. Guevara Cerritos (3 years)

Lt. Col. Carlos Camilo Hernandez

Lt. Yusshy Rene Mendoza Vallecillos

Captain José Fuentes Rodas