Congressional Brief: Accusations of Armed Groups, January 19, 2009

US Citizens Concerned: Salvadoran Government Accusations Implicate Civilians in “Armed Group Activity” without Evidence

 Accusations during Close Presidential Race Raise Serious Concerns about Military Deployment and Independence of State Institutions

Report by US-El Salvador Sister Cities                                                                 January 19, 2009

Introduction:

We, US Citizens are very concerned over the nature of recent public accusations by the Administration of Salvadoran President Tony Saca that armed groups may be operating in the country.  His ruling ARENA party Government has alleged links between these groups and civilians associated with principle opposition party in the country, the FMLN.  However, the Government has failed to present any conclusive evidence of these accusations to date and has not pressed any charges.  Human rights organizations have denounced the existence of illegal extermination groups operating in the country since the 1992 Peace Accords, with similarities to the Salvadoran death squads of the eighties.  Yet apparently these groups are not the targets of the Government’s accusations. 

This situation has led to military deployments in rural areas of the country and Government leaders have warned of military further intervention.  This is an alarming prospect given the current lack of evidence to warrant military action and the countries’ violent past.  Indeed, military action could mark a break from El Salvador’s efforts to strengthen the institutions of its civilian government.  Additionally, there have been recent reports of the circulation of lists by political candidates to the armed forces with the names and addresses of “potentially armed” civilians, although apparently no charges have been pressed and no evidence has been presented.  The circulation of such lists with civilians’ names and addresses is a very serious and concerning act that violates constitutional rights and generates fear in an environment where paid assassination groups are reported to operate and human rights organizations have raised concern about political killings.  As such, it is deeply concerning that these accusations are being made without evidence to support their validity, and apparently without respect for careful investigation or the rule of law.  Meanwhile, in fulfilling his Constitutional mandate the Salvadoran Human Rights Ombudsmen has asked for the release of Security Council information to his office.  Yet as of January 21^st the Security Council has ignored his request, in violation of Salvadoran law.

In November of last year, fifty US Congress people signed a Dear Colleague Letter to Secretary of State Rice asking her office for its continued support of the country of El Salvador in this important election year in that country by encouraging transparent and fair elections.  We trust the State Department is monitoring this situation closely and taking the necessary actions to promote democracy.  In this pre-election environment, respect for the rule of law and democratic practice are vital for a safe and fair election, and as such military deployment and unfounded accusations must be avoided at all costs.

 Summary of Events:

• Security Minister alleges existence of 40 armed groups operating in specific areas of the country
• Photos and briefing given by Security Council implicate FMLN supporters.
• Human rights groups have denounced unrelated extermination groups since 1994.
• Attorney General admits there has been an ongoing investigation since July 2006.
• Salvadoran Government warns of military intervention, announces it will inform FBI, UN, and OAS.
• 150 Soldiers are deployed to Suchitoto, despite community outcry, generating fear in the population.
• ARENA Mayoral Candidate sends a list of 60 “potentially armed” individuals to the Armed Forces.
• Salvadoran Government decides not to present evidence to OAS.
• Chief election observer for the EU calls armed groups an “election ruse.”
• Government has yet to present any substantial evidence of armed groups.

Security Minister Alleges Existence of 40 Armed Groups:

Security Minister René Figueroa announced in a press conference on December 12^th 2008 that
Government intelligence indicates there are least forty illegally armed groups operating in the country.  At that time, General Castillo of the Salvadoran Armed Forces outlined the intelligence the Security Council had on these groups, warning that investigation into these groups was not yet complete.  He defined five regions of the country where these groups are allegedly operating, identifying them as former areas of FMLN activity during the Salvadoran Civil War.   He went on to make other parallels between the structure and operation of these groups and the activities of the former FMLN guerrilla organization.  In multi-media presentation to Salvadoran media, General Castillo proceeded to show a series of maps and seven photographs to support these claims, including a number of photos that appear to implicate the FMLN.  However, no evidence other than the seven photographs was presented to back up the Government’s claims, and no charges were filed.  Meanwhile, the FMLN Presidential candidate Mauricio Funes has denied that any ties exist between his party and the alleged armed groups described by the Government.

 Human Rights Groups have Denounced Unrelated Extermination Groups since 1994:

The Salvadoran civil war from 1980 to 1992 gave rise to the FMLN guerrillas as well as a host of extra-official extreme-right deaths squads that committed hundreds of assassinations during the civil war, according to the UN mandated Truth Commission.  The FMLN was disarmed with the Peace Accords in 1992, and became a recognized political party.  However, in the years immediately following the accords there were a number of assassinations of ARENA and FMLN political leaders, which were attributed to the resurgence of death squads by a 1994 report by the UN appointed Joint Group for the Investigation of Illegally Armed Groups with Political Motivations in El Salvador.  The findings of this report were never implemented the ARENA controlled Government.  1996, UN Secretary General Boutros Boutros Ghali expressed concern about continued activities by the illegal groups and Amnesty International released a report documenting the continued existence of death squad activities in El Salvador.  As recently as last year, the Salvadoran Ombudsmen’s report for 2007 expressed concern over the continued activity of extermination groups, in some cases linked to police forces.  However, apparently these are not the armed groups the Salvadoran Government is targeting with its accusations, as there has been no mention of these groups or previous investigations.  

 Government Officials Admit Investigation ongoing since 2006:

On December 16, Salvadoran Attorney General Félix Safie announced in a press conference that he would be asking the FBI and Interpol to collaborate in scientific and technical analysis of those seven photographs.  He also admitted that Salvadoran Authorities had been investigating the alleged existence of these armed groups since July of 2006, when Mario Belloso shot and killed two police officers during a protest outside the University of El Salvador.  Nevertheless, Minister of Security Figueroa explained to press on December 12^th they had not released information about the existence of these groups sooner, because it hadn’t been until now that they had the information.  Meanwhile, Salvadoran Chancellor Marisol Argueta Barrillas announced on December 17^th that El Salvador would present evidence of the existence of armed groups to the United Nations and Organization of American States, as well as other Latin American countries, to “prevent an escalation in the situation.” 

 President Saca warns of Military Intervention, Sends Military to Suchitoto:

In a visit to the United States on December 17th, Salvadoran President Tony Saca warned that if the ongoing investigation reveals that these are in fact illegal armed groups, the Armed Forces of El Salvador would be asked to intervene, without specifying as to the nature of that intervention.  In fact, only a day earlier 150 soldiers of the Salvadoran Armed Forces had been deployed to Suchitoto for what were alleged to be military exercises, although Suchitoto in the Department of Cuscatlán is located in one of the regions mentioned in the Security Council report as home to these armed groups.  That same day, community members from Suchitoto denounced the military activity in a press conference, and expressed their concern that Government accusations of community involvement in armed groups or gang activity could make them targets for gang violence that has been widespread in the country.  Salvadoran Human Rights Ombudsman Oscar Luna expressed his concern over the deployment, saying “the fact that members of the armed forces enter private property has an effect on personal security, and also the integrity and liberty of the people.”  President Tony Saca defended the deployment saying that as commander in chief he could deploy the army for any type of military exercise, including investigations.  Given the El Salvador’s violent history and the Peace Accords which relegated the Armed Forces to the task of national defense while the Civilian Police where charged with public security, military deployment in this situation without providing evidence to support such a decision raises serious concerns. 

 Military Deployment Generates Fear in Areas Named by Security Council:

Fear of further military deployments or harassment by security forces is cause for concern in the town of El Paisnal.  Community leaders visited the offices of the Salvadoran Attorney General immediately following the Government announcements to refute their accusations and call for careful investigation by authorities.  El Paisnal was featured in one of the photographs released by Salvadoran Security Forces, apparently of a commemorative event for fallen a FMLN leader killed during the civil war that featured a ceremony with theatrical reenactments of a guerrilla military formation.  The ceremony featured military uniforms and AK-47’s, although the mayor of El Paisnal who appears in the photograph claims the weapons are replicas, and that the FMLN had nothing to do with organizing the event.  Adding to the controversy, on December 15^th the Salvadoran Police located an abandoned car with a cache of weapons including grenade launchers to the north of San Salvador in El Paisnal in another one of the regions identified by the Security Council.   Further details linking the car to anyone, including alleged armed groups has not been released.  The Salvadoran Attorney General Safie questions that claim and has promised to investigate the origins of the weapons, including interviewing the mayor of El Paisnal.  However, no further information or definitive evidence has been released to date.  Furthermore, the Human Rights Ombudsmen Luna points out that the photo was taken in 2007, which raises questions as to why it was not released until now.

 ARENA Mayoral Candidate sends a list of 60 “potentially armed” individuals to Armed Forces:

While there have been isolated cases of electoral violence on all sides, one recent event in the town of Cinquera has raised broader concerns about how the Government’s accusations have been caught up in electoral battles.  Cinquera is located in the Department of Cabañas and is one of the areas identified by the Security Council.    Back on November 27^th, the ARENA party mayoral candidate and now mayor-elect for Cinquera Rodolfo Sosa accused the FMLN incumbent mayor Guillermo Rivera Contreras of shooting at his vehicle.  Incidentally Sosa has not pressed charges since then, and the FMLN candidate alleges an alibi.  However, even though he never pressed charges in the shooting incident, following the Security Council announcement of the possible existence of armed groups, Sosa reportedly sent a list to the Armed Forces with names and exact addresses of sixty Cinquera residents he accused of being “armed and dangerous.”  This incident raises concern about the rule of law and constitutional rights for all citizens, especially when the Armed Forces are deferred to instead relying on the Salvadoran judicial system. 

Salvadoran Government Has yet to Present any Substantial Evidence or Press Charges:

 

Conclusions:

• Government allegations that armed groups are operating in certain geographic areas associated with FMLN support carry strong implications in this pre-electoral context.  By making statements to the media before Government investigation agencies can confirm or deny allegations and without presenting conclusive evidence, the Salvadoran Government is damaging the independence of public institutions and disregarding basic principles of the rule of law.  If the Salvadoran Government is serious about these allegations, it should wait for the results of a complete and thorough investigation, and then make any accusations it might still have before a court of law.

• The deployment of the military in areas where armed groups are alleged to exist, and statements by President Saca and Government officials that the Salvadoran Armed Forces may be asked to intervene in the current situation raises serious concerns.  Military intervention should be avoided at all costs to protect the 1992 Peace Accords and Article 159 of the Salvadoran Constitution, which restricts the military to defense of national sovereignty and clearly places public security under the jurisdiction of the National Civilian Police. Finally, the Police, Attorney General, and relevant agencies should be relied upon to conduct any investigation into these allegations.

• The Salvadoran Government and Armed Forces should in no way encourage or condone the creation or circulation of lists by private citizens of alleged “armed and dangerous” suspects.  Any investigations into individuals or denouncements from private citizens should be done through the Salvadoran judicial system rather than resorting to the Armed Forces.

 

“Consejo de Seguridad afirma que hay 40 grupos armadas ilegales.”  El Diario de Hoy.  Internet News Archive.  December 13^th, 2008. 

These areas are: the northeast of the Department of Chalatenango; the north of the Department of San Vicente and the south of the Department of Cabañas; the north of Department of Morazán; the south of the Department of San Vicente and the Department of Usulután, and the area to the north of the Department of San Salvador and the Department of Cuscatlán.  Romero, Fernando; Girón, Glenda; Zamora, Mayrene; and Romero, German.  “Estado confirma que hay grupos armados.”  La Prensa Grafica.  Internet Audio Files.  December 14th, 2008.

“Mauricio Funes niega rotundamente vínculos con grupos armadas.”  TCS Noticias.  Internet Video News Archives.  January 9, 2009. 

“UN Security Council, Annex.  “From Madness to Hope: the 12-year war in El Salvador: Report of the Commission on the Truth for El Salvador.”  S/25500, 1993, 127-138.  Posted by USIP Library on: January 26 2001.

Amnesty International.  “El Salvador: the Spectre of Death Squads.” AI Index: AMR 29/15/96.   Amnesty International, December 1996. 

La Procuraduría por la Defensa de los Derechos Humanos.  “Balance anual 2007 sobre la situación de los derechos humanos en El Salvador.”  La Procuraduría por la Defensa de los Derechos Humanos.  February 6, 2008. 

“Fiscalía realizará un análisis minucioso de las evidencias.”  El Noticiero 6.  Internet Video News Archives.  December 16, 2008.

Bureau of Democracy, Human Rights, and Labor.  “Human Rights Practices Report, El Salvador 2007.”  US Embassy in El Salvador.  Internet File.  March 11 2008. 

“Seguridad alarmado por supuestos grupos armadas.” El Noticiero 6.  Internet Video News Archives.  December 13^th, 2008. 

“Canciller entregará primeras pruebas de grupos armadas a organismos internacionales.”  Tele 2.  Internet Video News Archives.  December 17^th, 2008.

“Presidente Saca pide ayuda a FBI en caso grupos armadas.”   TCS Noticias.  Internet Video News Archives.  December 17^th, 2008. 

Orellana, Gloria Silvia.  “Denuncian presencia de soldados en comunidades.”  Diario Colatino.  Internet Archives.  December 17^th, 2008. 

Interview by US-El Salvador Sister Cities staff with Oscar Luna, Salvadoran Government Human Rights Ombudsmen.  January 21^st, 2009.

Henriquez, Estela, and Zamora, Mayrene.  “Saca defiende presencia de Ejército en La Bermuda.”  La Prensa Grafica.  Internet Archives.  December 18^th, 2008.

“Constitución de la República de El Salvador, con reformas incluidas hasta el 2003.”  Article 159.  Georgetown University.  Online archives updated July 6, 2008. 

Press release available upon request. 

Jovel, Stefany.  “Encuentran Armas en Auto en El Paisnal.”  La Prensa Grafica. Internet Archives.  December 16^th, 2008. 

“Safie dice se citará alcalde Paisnal.”  La Prensa Grafica.  Internet Archives.  December 16, 2008. 

Ibid, 13.

Interview by US-El Salvador Sister Cities Staff with Norma Arely Cartagena, President of the Rural Association for Municipal Development in Cinquera, ARDM.  January 9^th, 2009. 

Ibid.  13.

“Defensa observa más movimientos de grupos armadas.”  La Prensa Grafica.  Internet Archives.  January 9^th, 2009. 

Chavez, Shuchit and Martinez, Salvador.  “Testigo entrega fusil utilizado en el Paisnal.”  La Prensa Grafica. Internet Archives.  January 15, 2009.   

All translations by US-El Salvador Sister Cities

Vaquerano, Ricardo.  “Luis Yáñez Barnuevo: Eso de los grupos armadas era la típica argucia electoral.”  El Faro.  Online News Publications.  January 14^th, 2009.