Recently, I was fortunate to be able to participate in a Human Rights Investigation Team. A summary report and the full report are included in this post. A hearing for the 13 arrested while merely participating in or in route to a peaceful protest of the decentralization of water on July 2 was held on Friday, February 8. A report of the results of the hearing will come later.
INDEPENDENT HUMAN RIGHTS INVESTIGATION TEAM
EL SALVADOR, JANUARY 19-27, 2008
REPORT SUMMARY
We are an independent human rights investigation team comprised of ten persons from the United States with backgrounds in business, healthcare, law, international tourism, media communications and education. Many of us reside in districts in the U.S. whose Congressional Representatives have a high interest in recent events in El Salvador. These include Rep. Capuano, who sponsored a letter to President Saca signed by 42 congressional colleagues. We came to El Salvador this week concerned about the arrest and initial imprisonment of those who by now are identified by human rights reports as the Suchitoto 13, about the continuing charges of terrorism against them, and the prospect of their prosecution under statutes of decree # 108, the Special Law Against Acts of Terrorism. This is a summary of our report.
I. ACTIVITIES
We met with leaders of social movement and human rights groups, and with many individuals who were eyewitnesses to the events in Suchitoto on July 2. We also met with numerous public officials, including the President of the Supreme Court Dr, Augustín García Calderón; Ombudsman for Human Rights, Lic. Oscar Luna; Mr. John Speaks, the Foreign Affairs Officer charged with human rights oversight at the US Embassy, and Vice Minister for Foreign Relations Eduardo Calix, delegated by President Saca to meet with us.
We were greeted and welcomed warmly and hospitably by all of the many individuals and groups with whom we met. We have read many of the primary documents in this case, including those from Amnesty International, the Ombudsman for Human Rights, Reporters Without Borders, the Human Rights Office of the Archbishop, and others.
We wish to note that it is not only the United States that is interested in this case, but the larger international community as well. Many international NGO’s and governments have expressed their concern to the Salvadoran government. We learned that the European Union is interested in sending observers on the day of the preliminary hearing for the Suchitoto 13, with special interest in how the hearing develops and its results.
CONCLUSIONS
While there are differing versions of the events that transpired in the area in and around Suchitoto on July 2, we find ourselves concurring with the opinions of Amnesty International, the Office of the Ombudsman for Human Rights, and others, that there was nothing about the acts of the defendants nor of the population of the area that constitutes terrorist activity.
A decision by the judge at the preliminary hearing in February, that the Special Tribunals are competent to hear this case and that terrorism trials should proceed would be a momentous turning point for the country and could have the following consequences:
Dangerously erode the creation of a legally protected space to protect legitimate political expression, one of the greatest legacies of the 1992 peace accords. We are concerned that this could lead to increased social instability, re-institutionalization of human rights violations, and an erosion of the Salvadoran Constitution.
Signal a validation of the anti-terrorism law, which is vague and ambiguous. We know that the constitutionality of the anti-terrorism law has been challenged, and were assured by numerous officials that the law is under intense review.
In addition, the possibilities we have mentioned could have the following repercussions:
a. The loss of access to Millenium Challenge Account Funds. The disbursement of approximately 461 million dollars in development aid from the U.S. are predicated on compliance with benchmarks of human rights and civil liberties, among others. High-profile violations in these areas may cause the U.S. Congress to re-evaluate its decision to continue giving these funds to El Salvador.
b. The loss of business investment: The specter of social instability precipitated by terrorism trials could well be a negative signal to businesses and investors who look for a truly long term stable business environment.
c. Damage to tourism: As in the above situation, trials based on terrorism accusations could jeopardize the efforts of the Minister of Tourism to brand El Salvador as an attractive tourist destination.
FINAL RECOMMENDATION
In the coming weeks, the eyes of the international community as well as those of the United States are focused on these unfolding events in El Salvador. It is our hope that
the government will set an important democratic precedent through the application of justice, and dismiss this case against the thirteen accused individuals because it is clear that they are not terrorists.
INDEPENDENT HUMAN RIGHTS INVESTIGATION TEAM
SAN SALVADOR: JANUARY 19-27, 2008
REPORT
We are a delegation comprised of ten persons from the United States with backgrounds in business, healthcare, law, international tourism, media communications and education. Many of us reside in districts in the U.S. whose Congressional Representatives have a high interest in recent events in El Salvador. These include Rep. Capuano, who sponsored a letter to President Saca signed by 42 colleagues. We came this week to El Salvador concerned about the arrest and initial imprisonment of those who by now are identified in human rights reports as the Suchitoto 13, the continuing charges of terrorism against them, and the prospect of their prosecution under Legislative Decree # 108, the Special Law Against Acts of Terrorism. We herein offer our observations and findings.
I. ACTIVITIES
We met with leaders of the Social Movements, many individuals who were eyewitnesses to the events in Suchitoto on July 2, and numerous public officials, including the President of the Supreme Court Augustin Calderon, Ombudsman for Human Rights Oscar Luna, John Speaks, the Foreign Affairs Officer charged with human rights oversight at the US Embassy, and Vice Minister for Foreign Relations Eduardo Calix.
We were greeted and welcomed warmly and hospitably by all of the many individuals and groups with whom we met. We have read the primary documents in this case, including those from Amnesty International, Ombudsman for Human Rights, Reporters Without Borders, the Human Rights Office of the Archbishop, and others.
We wish to note that it is not only the United States that is interested in this case, but the larger international community as well. Many international NGO’s and governments have expressed their concern to the Salvadoran government. We learned that the European Union is interested in sending observers on the day of the hearing for the Suchitoto 13, with special interest in how the hearing develops and its results.
II. BACKGROUND
In order to learn as much as possible about the background and details of the current situation, we sought and were granted meetings with a broad spectrum of individuals and groups including met the legal defense team. We received information about the deterioration of social conditions and the ensuing governmental responses in recent years, including the aforementioned Legislative Decree # 108, the Special Law Against Acts of Terrorism, the Law Against Organized Crime and Felonies of Complex Realization, and assorted revisions of the penal code. We were provided with an overview of the legal proceedings against the individuals arrested in Suchitoto in July 2, 2007, thirteen of whom are currently awaiting the filing of formal charges under the Anti- terrorism law.
We learned that there are two legal appeals pending in the case of the Suchitoto 13: a habeas corpus petition, and a challenge to the constitutionality of the anti terrorism law. With regard to the habeas corpus petition, although the defendants have been released from prison, their liberty is subject to restrictive conditions. Salvadoran law provides that a decision be rendered on a Habeas Corpus petition within twelve days: at this writing six months later, there has been no response to the petition. The constitutional challenge was filed eight months ago. The defendants report incidents of harassment and provocation when they attempt compliance with the reporting requirements of their conditional release.
We were told both by the legal team, members of various social organizations, and others with whom we met, that the legislative responses to the increase in crime in El Salvador in recent years have been wholly ineffective, and even counter-productive. These ‘counter-reforms’ were characterized as ‘mano dura”, iron fisted. The submissive relationship of the judicial to the executive branch has historically been responsible for a history of repression in El Salvador, and has been noted for the past ten years by the U.S. Department of State in its annual report on human rights and the administration of justice in El Salvador. Although the 1992 Peace Accords proposed reforms intended to ensure a more independent judiciary, these changes were never implemented. In fact, judges who exhibit greater independence are marginalized, passed over for promotions, and sometimes persecuted in the media.
Although contemplated for several years, the anti-terrorism law was passed in 2006 in partial response to the assassination of two riot police killed at the National University of El Salvador. This law:
has only been applied in one other case, which was prosecuted in a regular court, and was dismissed
lacks specificity and suffers from vagueness
Penalties include the possibility of an excessive sentence of up to 65 years
We also learned that (the organized crime lawJ
was passed a few months after the anti terrorism legislation
provides for excessive prison terms, up to 85 years imprisonment
repealed previous specific definitions of organized crime, and replaced them with the definition of organized crime as consisting of any crime organized and carried out by two or more people.
The effect of creating Special Tribunals has been to limit the number of judges available to hear these cases to a small, pliant group.
There is no evidentiary hearing mandated within 72 hours, and so no opportunity to present an initial defense
In light of the life expectancy of 71.8 years in El Salvador, the penalties permitted under both of these statutes amount to a sentence of life imprisonment, which is not permitted under the Salvadoran Constitution.
The defendants in the instant case of the Suchitoto 13 are being charged under both the anti-terrorism law, and the organized crime law, thus resulting in the case being handled by a Special Tribunal.
III. CONCLUSIONS
While there are differing versions of the events that transpired on the roads around and in Suchitoto on July 2, we find ourselves concurring with the opinions of Amnesty International, Office of the Ombudsman for Human Rights, and 42 members of the United States Congress that “it is hard to imagine how such acts could constitute terrorism. A decision by the judge at the preliminary hearing on Feb 8 that the Special Tribunals are competent to hear this case and that terrorism trials should proceed would be a momentous turning point and have the following consequences:
The creation of an unstable social environment: The most fundamental gift of the 1992 Peace Accords was the creation of a protected legal space for legitimate political expression without fear of reprisal. The use of anti-terror statutes as a pretext to use the law as a political instrument to shut down rather than protect dissent could have a grave effect on social stability. Rather than strengthen the constitutional protections that were intended to create a firewall against a return to the extra-legal environment of the 80’s, the use of the law in this manner undermines the security and democracy a true rule of law is designed to protect.
Signal a validation of the anti terrorism law, which is vague and ambiguous. The law itself is highly problematic and needs to be reviewed and examined closely in light of all we have seen and heard. We know that the constitutionality of the anti-terrorism law has been appealed, and were assured by numerous officials that the law is under intense review.
Weaken national security. The misapplication of anti-terror and anti-crime law to political ends by targeting an entire social movement rather than specific threats to national security devalues the concept of terrorism and weakens true anti-terror efforts
Possible loss of Millenium Challenge Account Funds: These 461 million dollars in development aid from the U.S. are predicated on compliance with benchmarks of human rights and civil liberties; high profile violations in these areas may cause the U.S. Congress to re-evaluate this use of U.S. tax dollars. While El Salvador’s current scores give it passing grades in some categories related to human rights, the scores in the 2007 ratings reflect behavior prior to that year but do not reflect events occurring in 2007. Four of the six criteria comprising the major category of Ruling Justly – Political Rights, Civil Liberties, Rule of Law, and Voice and Accountability – bear directly on the issues that will be raised if the government chooses to proceed with the prosecution of the Suchitoto 13 under the non-specific and ambiguous provisions of the anti-terror statutes.
Jeopardize business investment and tourism: The specter of social instability precipitated by terrorism trials could well be a negative signal to businesses and investors who look for a truly long term stable business environment. Likewise, the damage El Salvador might sustain to its international image could jeopardize its ability to brand itself as an attractive tourist destination.
We wish to note one final, grave concern. We heard a multiplicity of perspectives and versions of events, including many eyewitness reports presenting elements which, if proven, are very troubling. We are not in a position to effectively evaluate these reports, but found the testimony compelling and worthy of including here as an area needing further investigation.
· Residents of the area report that the road leading into Suchitoto was militarized the day before the scheduled public forum and presidential visit.
· Residents and eyewitnesses aver that the first roadblock constructed on July 2 was set up by the police to prevent people from boarding buses going into Suchitoto. This resulted in the involuntary congregation on the side of the road of hundreds of people who were unable to board the buses they had come to get. The tear-gassing of these people, many kilometers from Suchitoto, as well as the incursion of not only police but of military, including military helicopters, into communities as far as a kilometer off the road appear to have been the first events of the day.
· The presidential visit to Suchitoto was scheduled to take place on the first anniversary of the assassination of local activists.
The Minister of Justice, the Director of the National Civilian Police, and the Ombudsman for Human Rights have already stated that in their opinion, the police response on this day was characterized by an excessive use of force. Clearly, the allegations outlined above indicate the need for an independent and thorough investigation of these matters. It is our recommendation that this be undertaken if the prosecution of this case continues.
IV. FINAL RECOMMENDATION
In the coming weeks, the eyes of the international community as well as those of the United States are focused on these unfolding events in El Salvador. It is our hope that
the government will set an important democratic precedent through the application of justice, and dismiss this case against the thirteen accused individuals because it is clear that they are not terrorists.
For comment or further information, contact: humanrightsinvestigation@gmail.com
Beatrice Blake Frank Hollick
Sharon Browning Adam Lacher
Emily Carpenter Ann Legg
Dennis Chinoy Michael Ring Sr.
Meredith De Franceso James Wallace
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