Co-Madres is an organization formed in 1978 to help mothers locate their children and other family members who were disappeared before and during the war, which began at the end of 1979 and ended in 1992 with the signing of the Peace Accords. It was Oscar Romero, archbishop of San Salvador, who advised and encouraged the women to form a committee to look for the disappeared. At first they met in churches because at that time meetings were not allowed.
We met with Alicia, the sole surviving founder of Co-Madres. Alicia's 12 year old son and 2 of her brothers were disappeared in 1978. Her youngest son was killed in 1993-after the Peace Accords were signed-because he was documenting cases of the disappeared.
Co-Madres began by looking for clandestine cemeteries and digging up bodies and sending them to forensic labs for identification. However, that task was made difficult and sometimes impossible because of the condition of the bodies. Men with women's heads in their bellies and vice-versa were found. In some cases they found bones that were really white and others with some flesh still on the bones. It was evident that many people who were found hanging from bridges were actually killed elsewhere and hung from the bridge to make it appear as though they had committed suicide.
In 1983 the mothers began to wear black dresses and white scarves as they marched to demand that the government take responsibility for and stop the deaths and disappearances. Because of this and their continuing documentation of abuses, the women were arrested and tortured.
When Alicia began describing how someone was tortured, I thought she was talking about torture in general. She wasn't. She was telling what had actually happened to her. Though I've heard many stories like hers, I'm always amazed at how the tortured survive and are able to have optimism.
Alicia was tortured for 2 days. She was blindfolded during the entire interrogation. She heard the noises of several machines which sounded like bones were being cut and ground. "You're next," was what she was told. A plastic bag with lime in it was put over her head, and when she gasped for air the bag was removed and the process began again. She said she tried to pray the Lord's Prayer but couldn't. For hours she was placed on a bed with no mattress but with electrified metal coils. Her body was wrapped with an electrified metal chain. She was put in a pila with electrified water which caused her to bounce from wall to wall. She was deprived of sleep. The day she was released she was pushed from a moving car-naked and still blindfolded-onto the pavement. Fortunately she was found by some kind men who helped her get home in a taxi. Alicia said she has never lost faith and hope.
Although 80,000 people have been killed and 86,000 disappeared, no one has been punished for these crimes. El Salvador passed an amnesty law which gave impunity to the guilty. Co-Madres asked the Supreme Court to abolish the amnesty law, but it hasn't taken any action. This year the mothers will have a chance to present their case formally to the Court.
After 25 years of pressure the U.N. finally passed a convention to protect people from abduction. Thus far, 75 countries have signed the convention; El Salvador has not.
The Memorial to Truth is a wall in Cuscatlan Park in the center of San Salvador filled with the names of those killed or disappeared beginning in 1979. There are also blank plaques on which more names are added as they are identified. On March 15 at 2:00 p.m. new plaques will be unveiled by the committee.
Sunday, March 9, 2008
Friday, March 7, 2008
Prosecution Appeals Definitive Liberty of Suchitoto 13
The following report comes from U.S.-El Salvador Sister Cities.
Prosecution Appeals Definitive Liberty of Suchitoto 13; Seeks to Resume Trial for Public Disorder and Aggravated Damages
March 6, 2008
The Prosecuting Attorney's have appealed the decision by a court in Suchitoto to grant definitive liberty to the 13 people captured on the 2nd of July 2007 in Suchitoto. Last Tuesday February 27th the Prosecution presented an appeal to the Suchitoto Court system, asking to re-open the trial for public disorder and aggravated damages against the Suchitoto 13. The Suchitoto 13 were cleared of all charges in a Suchitoto court on February 19th, in a decision that Salvadoran Human Rights Ombudsman Oscar Luna classified as "based on justice and ruled by principles of legality."
The seven page appeal document presented by the Prosecuting Attorneys argues that Suchitoto Judge José Mauricio Henriquez who oversaw the case misinterpreted the Penal Processing Law, and did not follow procedures established by that law when the Prosecution failed to arrive to the courthouse on time for the preliminary hearing of February 19th, 2008. According to the Prosecution, the hearing should have been rescheduled for a later date.
In addition, the appeal questions the observations made in a written resolution of February 26th by Judge Henriquez, and later reiterated by Ombudsman Luna, that the Prosecution did not act responsibly and thoroughly during the investigation of the Suchitoto 13 case. In his decision, Judge Henriquez detailed shortcomings in the investigation ranging from the Police's failure to preserve the scene of the alleged crime, inconsistent interview procedures of witnesses by the Prosecution, and the Prosecutions´ failure to present the proper documents to the court on time.
The Prosecutions´ appeal goes on to claim that the Suchitoto Judge violated the rights of the alleged victims of public disorder and aggravated damages by refusing to orally hear the Prosecutions´ case on the day of the preliminarily hearing. The Prosecution also alleges "subjectivity, partiality, lack of critical analysis, and lack of sane application of criteria" by the Judge, citing the 19 page document Judge Henriquez issued last week.
Yesterday, the Defense Lawyers for the Suchitoto 13 presented their own arguments in defense of the decision of the Suchitoto Court. The defense cited the resolutions´ respect for the rule of law and due process, its objectivity, impartiality, and the application of the right to be presumed innocent until proven otherwise.
In addition, the Defense Lawyers dispute the Prosecution's right to appeal due to their claim that the Prosecution never presented charges, written or spoken, to the Court Suchitoto. Citing the arguments made by Judge Henriquez, the Defense claims that the appeal is invalid, because there were never any charges filed to merit an appeal. The Prosecution maintains that documents that they presented to the Special Tribunal for acts of terrorism in San Salvador should be applicable in the ordinary penal courts as well.
The Prosecutions´ appeal will be reviewed by two Judges in Cojutepeque, who must come to an agreement within 10 weekdays about whether or not to reopen the case. If they decide in favor of the decision by the Justice of the Peace in Suchitoto, the case will be closed. If they decide to approve the Prosecutions appeal, the case will be reopened, and a preliminary trial will again be held, this time in the second appeals court of Suchitoto. If the two Judges cannot reach consent, a third Judge will be asked intervene in the decision.
-- US-El Salvador Sister CitiesP.O. Box 2543Plattsburgh, NY 12901(800) 532-1993, ext.103http://us.f814.mail.yahoo.com/ym/Compose?To=sistercities@gmail.comhttp://www.elsalvadorsolidarity.org/
Prosecution Appeals Definitive Liberty of Suchitoto 13; Seeks to Resume Trial for Public Disorder and Aggravated Damages
March 6, 2008
The Prosecuting Attorney's have appealed the decision by a court in Suchitoto to grant definitive liberty to the 13 people captured on the 2nd of July 2007 in Suchitoto. Last Tuesday February 27th the Prosecution presented an appeal to the Suchitoto Court system, asking to re-open the trial for public disorder and aggravated damages against the Suchitoto 13. The Suchitoto 13 were cleared of all charges in a Suchitoto court on February 19th, in a decision that Salvadoran Human Rights Ombudsman Oscar Luna classified as "based on justice and ruled by principles of legality."
The seven page appeal document presented by the Prosecuting Attorneys argues that Suchitoto Judge José Mauricio Henriquez who oversaw the case misinterpreted the Penal Processing Law, and did not follow procedures established by that law when the Prosecution failed to arrive to the courthouse on time for the preliminary hearing of February 19th, 2008. According to the Prosecution, the hearing should have been rescheduled for a later date.
In addition, the appeal questions the observations made in a written resolution of February 26th by Judge Henriquez, and later reiterated by Ombudsman Luna, that the Prosecution did not act responsibly and thoroughly during the investigation of the Suchitoto 13 case. In his decision, Judge Henriquez detailed shortcomings in the investigation ranging from the Police's failure to preserve the scene of the alleged crime, inconsistent interview procedures of witnesses by the Prosecution, and the Prosecutions´ failure to present the proper documents to the court on time.
The Prosecutions´ appeal goes on to claim that the Suchitoto Judge violated the rights of the alleged victims of public disorder and aggravated damages by refusing to orally hear the Prosecutions´ case on the day of the preliminarily hearing. The Prosecution also alleges "subjectivity, partiality, lack of critical analysis, and lack of sane application of criteria" by the Judge, citing the 19 page document Judge Henriquez issued last week.
Yesterday, the Defense Lawyers for the Suchitoto 13 presented their own arguments in defense of the decision of the Suchitoto Court. The defense cited the resolutions´ respect for the rule of law and due process, its objectivity, impartiality, and the application of the right to be presumed innocent until proven otherwise.
In addition, the Defense Lawyers dispute the Prosecution's right to appeal due to their claim that the Prosecution never presented charges, written or spoken, to the Court Suchitoto. Citing the arguments made by Judge Henriquez, the Defense claims that the appeal is invalid, because there were never any charges filed to merit an appeal. The Prosecution maintains that documents that they presented to the Special Tribunal for acts of terrorism in San Salvador should be applicable in the ordinary penal courts as well.
The Prosecutions´ appeal will be reviewed by two Judges in Cojutepeque, who must come to an agreement within 10 weekdays about whether or not to reopen the case. If they decide in favor of the decision by the Justice of the Peace in Suchitoto, the case will be closed. If they decide to approve the Prosecutions appeal, the case will be reopened, and a preliminary trial will again be held, this time in the second appeals court of Suchitoto. If the two Judges cannot reach consent, a third Judge will be asked intervene in the decision.
-- US-El Salvador Sister CitiesP.O. Box 2543Plattsburgh, NY 12901(800) 532-1993, ext.103http://us.f814.mail.yahoo.com/ym/Compose?To=sistercities@gmail.comhttp://www.elsalvadorsolidarity.org/
Sunday, March 2, 2008
Fair Trade Delegation
For the past week I have been part of a U.S.-El Salvador Sister Cities Fair Trade delegation. We visited our sister communities as well as the coffee processing plant for coffee grown in the department of Chaletenango and met with the leaders of CORDES (Association for the Cooperation and Communal Development of El Salvador).
Others taking part in the delegation were Karen Volkhausen of Bangor, Maine/Carasque; Joan Laurion of Madison, Wisconsin/Arcatao; and Libby Pappalardo of Crystal Lake, Illinois/Chilama. Although Meredith DeFrancesco, of Maine radio station WERU, wasn't an official part of this delegation, we did meet with the staff of Radio Sumpul which is sistered with WERU. The main goals of this delegation were to learn what the various cooperatives in our sister communities are doing and ways in which we might help them market their products.
Others taking part in the delegation were Karen Volkhausen of Bangor, Maine/Carasque; Joan Laurion of Madison, Wisconsin/Arcatao; and Libby Pappalardo of Crystal Lake, Illinois/Chilama. Although Meredith DeFrancesco, of Maine radio station WERU, wasn't an official part of this delegation, we did meet with the staff of Radio Sumpul which is sistered with WERU. The main goals of this delegation were to learn what the various cooperatives in our sister communities are doing and ways in which we might help them market their products.
In Carasque and in Arcatao we met with the community councils and representatives of various cooperatives in those communities. Most of the cooperatives make items for sale in the U.S., Spain, and other countries as well as in El Salvador. The cooperatives are formed around a particular interest or art form such as sewing and embroidery, crochet, jewelry, wood crafts and music. Both men and women are members of these coops.
One women's cooperative in Carasque is especially interesting. With the assistance of Oxfam, the women began a savings and loan group. Each person in the group of 12-20 saves $2.00 per month. This may seem like a small amount, but when you consider that the average wage in El Salvador is $150 per month and many earn much less, it is a considerable amount. The group meets monthly, and anyone who is late for a meeting must pay a fine. The group not only saves money; they also grant loans with 1% interest. The idea for this came from a desire to own a business but lacking money to start. The community decided it would be better to form their own bank than to go outside the community.
Chilama has been part of Sister Cities for a much shorter time than Carasque and Arcatao. As a result, they lack the infrasturcture of those two communities. However, they have cooperated in a seed/road building project. After receiving $2,000 to purchase seeds from their Sister City, Friends of Chilama, in McHenry County, Illinois, the community decided to give money for seeds and fertilizer to those who worked on building a road from the top of the mountain to their community by the river. Those who were unable to work on the road because of age or ill-health would be given a portion of the crop. The crops were planted and harvested, the road is almost completed, and everyone has beans and corn to eat this year.
Both Carasque and Arcatao have received considerable financial aid from the governments of Spain and Canada. Wouldn't it be wonderful if the United States funded development projects in these and other very rural communities rather than a highway across northern El Salvador which benefits only the maquillas, which treat their employees as slaves, and the mining companies, which destroy the environment?
Wednesday, February 20, 2008
Victory for the Suchitoto 13
The following good news is an announcement from U.S.-El Salvador Sister Cities. This is proof that you and I can make a difference. There was intense international pressure on the government of El Salvador regarding this case, especially from the United States Congress and the Netherlands.
This February 19th at an Initial Hearing scheduled in Suchitoto under the new accusations of “Public Disorder” and “Aggravated Damages,” the Judge dropped all charges and set the 14 defendants free!
Preliminary reports describe that the Attorney General's office neglected to present official accusations and sufficient evidence, and district attorneys were not present at the hearing on time. The Judge then decided to waive the charges, and decree “definitive liberty” for the defendants.
This hearing was scheduled after Special Tribunal Judge Ana Lucila Fuentes de Paz recused herself of February 11th and declared the Special Tribunal incompetent to hear the case, as the Building was surrounded by hundreds of community members who had marched over the previous 3 days from the city of Suchitoto . (More information, photos and video of the march here.) Judge Fuentes de Paz’s resolution sent the case back to the conventional court system in Suchitoto, and the local Judge scheduled the initial hearing.
Sister Cities member, Meredith DeFrancesco, was inside the courthouse this morning as an accredited journalist. She describes the scene at the courthouse:
“The building was surrounded with people from the communities holding candles and photos of the 14 defendants. There was a dark and tense moment inside the courthouse as the Judge called each one of the defendants by name, and they each stood awaiting the resolution. When the Judge said that all charges were being dropped, the tense moment collapsed and the whole room spontaneously erupted. Another large group of people from organizations and rural communities was gathered in the park in Suchitoto, celebrating the verdict.”
This is a major victory for the Suchitoto 13, for the CRIPDES communities and national organization, for the Salvadoran social movement, and international solidarity. Rosa Valle, Vice-President of CRIPDES told us that “this is proof that our organizing work gets results and has great power. The Government responded to our organizing with repression, and now they must recognize their mistake, as they see communities and leaders around the world uniting their voices with the strength of the Salvadoran people to call for justice, dignity, and our own human rights.”
This February 19th at an Initial Hearing scheduled in Suchitoto under the new accusations of “Public Disorder” and “Aggravated Damages,” the Judge dropped all charges and set the 14 defendants free!
Preliminary reports describe that the Attorney General's office neglected to present official accusations and sufficient evidence, and district attorneys were not present at the hearing on time. The Judge then decided to waive the charges, and decree “definitive liberty” for the defendants.
This hearing was scheduled after Special Tribunal Judge Ana Lucila Fuentes de Paz recused herself of February 11th and declared the Special Tribunal incompetent to hear the case, as the Building was surrounded by hundreds of community members who had marched over the previous 3 days from the city of Suchitoto . (More information, photos and video of the march here.) Judge Fuentes de Paz’s resolution sent the case back to the conventional court system in Suchitoto, and the local Judge scheduled the initial hearing.
Sister Cities member, Meredith DeFrancesco, was inside the courthouse this morning as an accredited journalist. She describes the scene at the courthouse:
“The building was surrounded with people from the communities holding candles and photos of the 14 defendants. There was a dark and tense moment inside the courthouse as the Judge called each one of the defendants by name, and they each stood awaiting the resolution. When the Judge said that all charges were being dropped, the tense moment collapsed and the whole room spontaneously erupted. Another large group of people from organizations and rural communities was gathered in the park in Suchitoto, celebrating the verdict.”
This is a major victory for the Suchitoto 13, for the CRIPDES communities and national organization, for the Salvadoran social movement, and international solidarity. Rosa Valle, Vice-President of CRIPDES told us that “this is proof that our organizing work gets results and has great power. The Government responded to our organizing with repression, and now they must recognize their mistake, as they see communities and leaders around the world uniting their voices with the strength of the Salvadoran people to call for justice, dignity, and our own human rights.”
Iglesia Bautista--El Cordero de Dios
I have started going to a Baptist church here, El Cordero de Dios (The Lamb of God) which is Baptist in name only--it is a very progressive church. The pastor's sermons are about the church being a force for change--for justice and peace.
I spent most of Saturday with 4 members of the church at one of their mission sites, an extremely poor community north of San Salvador. When we were discussing how our respective churches were alike or different, they decided they are really Presbyterians though there is no actual Presbyterian presence in El Salvador. They asked if it would be possible for some of our members--youth and adults--to sister with them. I hope this is something the Ridgefield-Crystal Lake Presbyterian Church can explore.
They are a small church of about 50 members. Many of the members came from the department of Morozan and communities like El Mozote where the massacre occurred in 1981. A number of them have been imprisoned for organizing and protesting the government.
They have a ministry with the children of the community we visited on Saturday and have built 10 homes there. This is to replace homes that were destroyed by the earthquake a few years ago. They dream of building 15 more homes and a church, though everyone in the community is Catholic. The Catholic Church isn't happy about their ministry there. They also dream of buying a micro-bus so that they can spend more time in the community and bring the children to San Salvador for field trips to museums, etc. To get there, it took us about 2 hours one way, and we had to take 3 different buses.
Music seems to be important part of the life of the church. They have begun offering keyboard lessons to the children in the church's neighborhood in San Salvador. Someone donated 4 clavinolas for that purpose. When they found out that I had been a piano teacher, they asked me to observe the class and possibly give the instructor some suggestions. When a delegation from the U.S. recently donated a clarinet to the church, there was much excitement and discussion about who would learn to play it.
One of the church members invited me to attend a lunch last Sunday. This was a fund-raiser for the community she originally came from. Evidently the communty has no electricity so the money raised will be used for that.
Both events were great opportunities to practice Spanish. At the lunch I decided I had to put aside my usual reluctance to approach new people. So I went up to as many people as possible, introduced myself, told them I am studying Spanish, and asked if they would be willing to talk with me. All were extremely receptive and got many laughs at my clumsy Spanish pronunciation.
I'm looking forward to attending many more services at El Cordero de Dios. It is great to have a church home away from home.
I spent most of Saturday with 4 members of the church at one of their mission sites, an extremely poor community north of San Salvador. When we were discussing how our respective churches were alike or different, they decided they are really Presbyterians though there is no actual Presbyterian presence in El Salvador. They asked if it would be possible for some of our members--youth and adults--to sister with them. I hope this is something the Ridgefield-Crystal Lake Presbyterian Church can explore.
They are a small church of about 50 members. Many of the members came from the department of Morozan and communities like El Mozote where the massacre occurred in 1981. A number of them have been imprisoned for organizing and protesting the government.
They have a ministry with the children of the community we visited on Saturday and have built 10 homes there. This is to replace homes that were destroyed by the earthquake a few years ago. They dream of building 15 more homes and a church, though everyone in the community is Catholic. The Catholic Church isn't happy about their ministry there. They also dream of buying a micro-bus so that they can spend more time in the community and bring the children to San Salvador for field trips to museums, etc. To get there, it took us about 2 hours one way, and we had to take 3 different buses.
Music seems to be important part of the life of the church. They have begun offering keyboard lessons to the children in the church's neighborhood in San Salvador. Someone donated 4 clavinolas for that purpose. When they found out that I had been a piano teacher, they asked me to observe the class and possibly give the instructor some suggestions. When a delegation from the U.S. recently donated a clarinet to the church, there was much excitement and discussion about who would learn to play it.
One of the church members invited me to attend a lunch last Sunday. This was a fund-raiser for the community she originally came from. Evidently the communty has no electricity so the money raised will be used for that.
Both events were great opportunities to practice Spanish. At the lunch I decided I had to put aside my usual reluctance to approach new people. So I went up to as many people as possible, introduced myself, told them I am studying Spanish, and asked if they would be willing to talk with me. All were extremely receptive and got many laughs at my clumsy Spanish pronunciation.
I'm looking forward to attending many more services at El Cordero de Dios. It is great to have a church home away from home.
Wednesday, February 13, 2008
March from Suchitoto
The following report was prepared by Emily Carpenter, the U.S. staff person for U.S.-El Salvador Sister Cities, and Meredith Di Francesco, a reporter for radio station WERU in Maine. Both attended this march.
February 13
Twice as many people as organizers expected - an estimated 700 - left the town of Suchitoto Monday morning carrying photos of those who have come to be known as the "Suchitoto 13" and posters reading ''Liberty for the Political Prisoners of Suchitoto''. Organized by the Association of Rural Communities for the Development of El Salvador (CRIPDES), the Foundation for Cooperation and Community Development of El Salvador (CORDES), the Popular Resistance Movement 12th of October (MPR-12), and others, the march travelled 25 kilometers (16 miles) in its first day to arrive for an evening of music, theater, and vigil in the town of Perulapía, Cuscatlán.
Yesterday, Tuesday, the march travelled from Perulapía to Soyapango, an urban municipality in the east of San Salvador. Today the group joins a mass mobilization to arrive at the Special Tribunal building in San Salvador, where they will support the Suchitoto 13's defense lawyers as they present their rebuttal to the accusations of the Attorney General.
(For more legal details of the case, see the February 11 case update.)
Click here to visit the photo gallery of the march. More photos, and video, will be added soon, so visit often. --
US-El Salvador Sister Cities
P.O. Box 2543Plattsburgh, NY 12901
(800) 532-1993, ext.103
sistercities@gmail.com
http://www.elsalvadorsolidarity.org/
February 13
Twice as many people as organizers expected - an estimated 700 - left the town of Suchitoto Monday morning carrying photos of those who have come to be known as the "Suchitoto 13" and posters reading ''Liberty for the Political Prisoners of Suchitoto''. Organized by the Association of Rural Communities for the Development of El Salvador (CRIPDES), the Foundation for Cooperation and Community Development of El Salvador (CORDES), the Popular Resistance Movement 12th of October (MPR-12), and others, the march travelled 25 kilometers (16 miles) in its first day to arrive for an evening of music, theater, and vigil in the town of Perulapía, Cuscatlán.
Yesterday, Tuesday, the march travelled from Perulapía to Soyapango, an urban municipality in the east of San Salvador. Today the group joins a mass mobilization to arrive at the Special Tribunal building in San Salvador, where they will support the Suchitoto 13's defense lawyers as they present their rebuttal to the accusations of the Attorney General.
(For more legal details of the case, see the February 11 case update.)
Click here to visit the photo gallery of the march. More photos, and video, will be added soon, so visit often. --
US-El Salvador Sister Cities
P.O. Box 2543Plattsburgh, NY 12901
(800) 532-1993, ext.103
sistercities@gmail.com
http://www.elsalvadorsolidarity.org/
Suchitoto 13 Update
This update is from U.S.-El Salvador Sister Cities. It is good news that the charges of terrorism against the Suchitoto 13 have been changed to lesser charges, but we must continue to be vigilant and work to have all charges against them dropped. They are not criminals and committed no criminal acts. They were only using their constitutionally-guaranteed right to protest actions of their government.
Suchitoto 13 Update:
Monday, February 11th
Prosecution Reduces Charges, Continues to Allege Criminality; New Challenges Lie Ahead
Introduction:
The case of the Suchitoto 13 has reached a critical turning point, as a formal and definitive accusations were submitted by the Attorney General’s office on February 8th, 2008, more than 7 months after the initial arrest and detention. The document submitted to Special Tribunal Judge Ana Lucila Fuentes de Paz deviates from original accusations, and changes the classification of the crime, presenting charges of “Creating a Public Disorder,” as well as “Aggravated Damages.” This is a reduction in scope and severity of the charges presented against the Suchitoto 13, but remains a blatant criminalization of the constitutionally guaranteed rights to free expression and association.
Legal Update:
The accusatory document presented by the Attorney General’s office details an “official” narration of the events of July 2nd, 2007, as well as testimony and evidence which very closely reflects the original document submitted some 7 months ago. The prosecution maintains that a group of protesters blocked off the road and then responded violently to police. The official narration of the events differs drastically from scores of eyewitness reports, as well as a news reports and video, presented as evidence by the Attorney General’s office, (you can see a clip here.) The prosecution also presents testimony of several witnesses, both from public officials that manifest that they could not get to the official government event being held in Suchitoto, as well as from members of the Riot Police (UMO) and the police officers that arrested the Suchitoto 13.
The document presented by the Attorney General’s office goes on to conclude that the actions of the defendants of July 2nd, 2007 correspond to the crime of “Public Disorder”, as expressed in Article 348 of the Salvadoran Penal Code, and not “Acts of Terrorism”, as they were originally qualified. Article 348 reads: “Those who, acting in a group and to the end of attacking the peace and public order, block public ways or access routes or invade installations and buildings, will be punished with two to four years in prison.”
The document also cites $1,850 worth of damages to state property, including one bullhorn, a gas mask, a riot-police shield and helmet, and damage to 2 state-owned vehicles. Alleging that these objects were damaged “by protesters with rocks, sticks and closed fists,” the prosecution also accuses the Suchitoto 13 of the crime of “Aggravated Damages.”
Legal Analysis:
A few important legal elements and observations from lawyers and experts close to the case that can help to interpret the latest developments:
- The change in the classification of the crime from “Acts of Terrorism” to “Public Disorder” should render the Special Tribunal, and specifically Judge Ana Lucila Fuentes de Paz, incompetent to continue ruling on the case. If the judge were to declare incompetence, either in an official resolution due this week, or at a later preliminary hearing when the defense team gets the chance to present its own evidence and testimony, then the case would be sent back to the conventional court system, in this case in Suchitoto.
- The latest document submitted by the Attorney General’s office is very similar to the original document, save the changes in the classification of the crime. It seems clear that over the last 7 months, (including the 4 month extension requested by the Attorney General’s office,) the prosecution has been unable to build a case. There are no new elements of proof submitted, and no stated reasoning even behind why the accusations were changed.
- The Suchitoto 13 are charged under the existing Penal Code on July 2nd, 2007. This means that they cannot be charged under the reforms that raised the jail time for “Public Disorder” to 4-8 years. Rather, they face a 2-4 year sentence if convicted.
Reactions:
The Suchitoto 13 Legal Defense team declared that they were “deeply disappointed by the accusations submitted by the Attorney General’s office.” A spokesperson from the team commented that “There is a grave danger in classifying the legally guaranteed exercise of free expression and protest as a crime. The justice system apparatus clearly made a mistake with the initial arrest and detention of 14 people on July 2nd who had committed no crime. We would have hoped that the Attorney General’s office would recognize the error and drop the charges. But on the contrary, the current accusations endanger not just the freedom of the people arrested in Suchitoto, but also the constitutional rights of the Salvadoran people to freely gather and express their opinions.”
The Committee of Family Members of Political Prisoners in El Salvador, in a recent press release stated that: “The Attorney General wants it to appear as if the [new accusations] are in accordance with the law, hiding his intentions to continue the violations of human, social and civil rights…. Our family members have committed no crimes and they should never have been arrested, much less tried, tortured, jailed and violated in their most fundamental rights. The Attorney General, if he really wants to rectify the situation and show respect for law, should solicit immediate and definitive freedom for our family members.”
STAY TUNED FOR MORE at http://www.elsalvadorsolidarity.org/
Suchitoto 13 Update:
Monday, February 11th
Prosecution Reduces Charges, Continues to Allege Criminality; New Challenges Lie Ahead
Introduction:
The case of the Suchitoto 13 has reached a critical turning point, as a formal and definitive accusations were submitted by the Attorney General’s office on February 8th, 2008, more than 7 months after the initial arrest and detention. The document submitted to Special Tribunal Judge Ana Lucila Fuentes de Paz deviates from original accusations, and changes the classification of the crime, presenting charges of “Creating a Public Disorder,” as well as “Aggravated Damages.” This is a reduction in scope and severity of the charges presented against the Suchitoto 13, but remains a blatant criminalization of the constitutionally guaranteed rights to free expression and association.
Legal Update:
The accusatory document presented by the Attorney General’s office details an “official” narration of the events of July 2nd, 2007, as well as testimony and evidence which very closely reflects the original document submitted some 7 months ago. The prosecution maintains that a group of protesters blocked off the road and then responded violently to police. The official narration of the events differs drastically from scores of eyewitness reports, as well as a news reports and video, presented as evidence by the Attorney General’s office, (you can see a clip here.) The prosecution also presents testimony of several witnesses, both from public officials that manifest that they could not get to the official government event being held in Suchitoto, as well as from members of the Riot Police (UMO) and the police officers that arrested the Suchitoto 13.
The document presented by the Attorney General’s office goes on to conclude that the actions of the defendants of July 2nd, 2007 correspond to the crime of “Public Disorder”, as expressed in Article 348 of the Salvadoran Penal Code, and not “Acts of Terrorism”, as they were originally qualified. Article 348 reads: “Those who, acting in a group and to the end of attacking the peace and public order, block public ways or access routes or invade installations and buildings, will be punished with two to four years in prison.”
The document also cites $1,850 worth of damages to state property, including one bullhorn, a gas mask, a riot-police shield and helmet, and damage to 2 state-owned vehicles. Alleging that these objects were damaged “by protesters with rocks, sticks and closed fists,” the prosecution also accuses the Suchitoto 13 of the crime of “Aggravated Damages.”
Legal Analysis:
A few important legal elements and observations from lawyers and experts close to the case that can help to interpret the latest developments:
- The change in the classification of the crime from “Acts of Terrorism” to “Public Disorder” should render the Special Tribunal, and specifically Judge Ana Lucila Fuentes de Paz, incompetent to continue ruling on the case. If the judge were to declare incompetence, either in an official resolution due this week, or at a later preliminary hearing when the defense team gets the chance to present its own evidence and testimony, then the case would be sent back to the conventional court system, in this case in Suchitoto.
- The latest document submitted by the Attorney General’s office is very similar to the original document, save the changes in the classification of the crime. It seems clear that over the last 7 months, (including the 4 month extension requested by the Attorney General’s office,) the prosecution has been unable to build a case. There are no new elements of proof submitted, and no stated reasoning even behind why the accusations were changed.
- The Suchitoto 13 are charged under the existing Penal Code on July 2nd, 2007. This means that they cannot be charged under the reforms that raised the jail time for “Public Disorder” to 4-8 years. Rather, they face a 2-4 year sentence if convicted.
Reactions:
The Suchitoto 13 Legal Defense team declared that they were “deeply disappointed by the accusations submitted by the Attorney General’s office.” A spokesperson from the team commented that “There is a grave danger in classifying the legally guaranteed exercise of free expression and protest as a crime. The justice system apparatus clearly made a mistake with the initial arrest and detention of 14 people on July 2nd who had committed no crime. We would have hoped that the Attorney General’s office would recognize the error and drop the charges. But on the contrary, the current accusations endanger not just the freedom of the people arrested in Suchitoto, but also the constitutional rights of the Salvadoran people to freely gather and express their opinions.”
The Committee of Family Members of Political Prisoners in El Salvador, in a recent press release stated that: “The Attorney General wants it to appear as if the [new accusations] are in accordance with the law, hiding his intentions to continue the violations of human, social and civil rights…. Our family members have committed no crimes and they should never have been arrested, much less tried, tortured, jailed and violated in their most fundamental rights. The Attorney General, if he really wants to rectify the situation and show respect for law, should solicit immediate and definitive freedom for our family members.”
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