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.”
Wednesday, February 20, 2008
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.”
STAY TUNED FOR MORE at http://www.elsalvadorsolidarity.org/
Saturday, February 9, 2008
El Mozote and Perquín
We had the opportunity this past weekend to appreciate the beauty of El Salvador while learning more about the atrocities of the war. Sixteen of us boarded a hired bus at 6:00 a.m. on Saturday and set out for Morazan, El Salvador’s most northeastern department. This mountainous part of the country was the site of the El Mozote massacre in 1981 in which all but one survivor were brutally slaughtered, and a museum about the civil war of 1980-1992 is housed in Perquín.
This was my second trip to these sites, but I am still angered when I see photographs of U.S. military alongside the Salvadoran military and remember the huge amount of military aid our government gave to the Salvadoran government during the war.
In El Mazote we were met by Gumercindo Claros, a member of the tourist committee which is dedicated to keep the memory of the tragedy alive and a descendent of the indigenous people of El Salvador. He related the following story to us.
In the early hours of the morning on the 11th of December, 1981, the people of El Mazote, a village in the northern part of Morazan, were brought together in the plaza and separated into groups. Men and adolescent boys were in one group and women and younger children in the other. The executions began with the men and boys. Then they separated the youngest of the women from the rest and raped, tortured and executed them. That night the children and babies (the youngest was 3 days old) that were in the village chapel were killed by the soldiers and their bodies thrown into the convent next to the chapel. The convent was then set on fire. Later a second battalion arrived and killed all the animals and burned the crops. This was the “scorched earth” practice used by the U.S. in Vietnam.
The commander in charge of the battalion which committed these atrocities was Lieutenant Colonel Domingo Monterrosa, who received his training at the School of the Americas (now known as the Western Hemisphere Institute for Security Concerns) located at Fort Benning, Georgia. Monterrosa must have been an extremely sick man to order the torture and killing of so many. The story is that Monterrosa demonstrated and then ordered the soldiers to throw the babies into the air and then pierce the bodies with their swords.
After this tragedy, the United States sent an investigator to check out the veracity of the story. And who accompanied this investigator while he was in El Salvador? Monterrosa! This combined with the Reagan’s intentional cover-up led the U.S. to do nothing about the incident at that time.
Unfortunately, the event at El Mozote was not an isolated event. Many massacres of rural families took place in other departments such as Chalatenango, San Vicente, and Cabañas between 1980 and 1984, the year Monterrosa was killed.
After the Peace Accords were signed, the legal office of the Archbishop asked a team of Argentinean forensic biologists to investigate. This team, assisted by experts from the U.S., concluded that it was a massive execution done all at once, and that the victims did not die in a cross-fire between the two armies. To date, a list of more than 800 people who could be identified, including 420 children, has been compiled. Those names are engraved on plaques on the side of the chapel.
This trip did include some diversions such as swimming in the Rio Sapo, hiking up a mountainside near Perquin, and taking photos of the mountainous terrain. The Rio Sapo, fed by mountain streams, has many boulders and smaller rocks which have formed pools ideal for swimming. Because it is so high, the river has not been polluted by animals and industry.
This was my second trip to these sites, but I am still angered when I see photographs of U.S. military alongside the Salvadoran military and remember the huge amount of military aid our government gave to the Salvadoran government during the war.
In El Mazote we were met by Gumercindo Claros, a member of the tourist committee which is dedicated to keep the memory of the tragedy alive and a descendent of the indigenous people of El Salvador. He related the following story to us.
In the early hours of the morning on the 11th of December, 1981, the people of El Mazote, a village in the northern part of Morazan, were brought together in the plaza and separated into groups. Men and adolescent boys were in one group and women and younger children in the other. The executions began with the men and boys. Then they separated the youngest of the women from the rest and raped, tortured and executed them. That night the children and babies (the youngest was 3 days old) that were in the village chapel were killed by the soldiers and their bodies thrown into the convent next to the chapel. The convent was then set on fire. Later a second battalion arrived and killed all the animals and burned the crops. This was the “scorched earth” practice used by the U.S. in Vietnam.
The commander in charge of the battalion which committed these atrocities was Lieutenant Colonel Domingo Monterrosa, who received his training at the School of the Americas (now known as the Western Hemisphere Institute for Security Concerns) located at Fort Benning, Georgia. Monterrosa must have been an extremely sick man to order the torture and killing of so many. The story is that Monterrosa demonstrated and then ordered the soldiers to throw the babies into the air and then pierce the bodies with their swords.
After this tragedy, the United States sent an investigator to check out the veracity of the story. And who accompanied this investigator while he was in El Salvador? Monterrosa! This combined with the Reagan’s intentional cover-up led the U.S. to do nothing about the incident at that time.
Unfortunately, the event at El Mozote was not an isolated event. Many massacres of rural families took place in other departments such as Chalatenango, San Vicente, and Cabañas between 1980 and 1984, the year Monterrosa was killed.
After the Peace Accords were signed, the legal office of the Archbishop asked a team of Argentinean forensic biologists to investigate. This team, assisted by experts from the U.S., concluded that it was a massive execution done all at once, and that the victims did not die in a cross-fire between the two armies. To date, a list of more than 800 people who could be identified, including 420 children, has been compiled. Those names are engraved on plaques on the side of the chapel.
This trip did include some diversions such as swimming in the Rio Sapo, hiking up a mountainside near Perquin, and taking photos of the mountainous terrain. The Rio Sapo, fed by mountain streams, has many boulders and smaller rocks which have formed pools ideal for swimming. Because it is so high, the river has not been polluted by animals and industry.
Summary Report and Full Report of the Human Rights Investigation Team
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
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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