DIRECTORATE OP7
Salvador has made
isince President
Duartc was inaugurated Official government Units to rightwing death squads have ended, and political killings have decreased dramatically. Nevertheless, some problems remain,orrupt and inefficient judiciary, continuing abuses by lover-ranking soldiers and police, and the failure to prosecute high-ranking officers for human rights violations in the years prior |
Available data indicates that most terrorismin El Salvador now is being carried out by
insurgents and that most guerrilla allegations of governmentaxe unfounded. Lack of evidence to support
the guerrillas' own tarnished human rights MTtWIBIIII will continue to hamper their efforts to undermine San Salvador's international credibility. There is Little likelihood the government will make significant progress in reforming the judiciary or prosecuting former officers suspected of human rights violations during the remainder of the Duarte admi nistrat ion.
Duringnd, government human rights violations were responsible for driving many moderates into the insurgency, and tho guerrillas effectively usod the issues of repression and abuse to undercut San Salvador's legitimacy. Since President Duarte came to power, the Insurgents have tried to maintain the pressure through constantatrocities and abuses. These efforts are intended to mobilixe international opinion against the war in El SalvadorUS assistance to the government. Nevertheless, the guerrillas have had declining success with the tactic because of the marked progress the Duarte administration has made in cleaning up its human rights record.
Althoughquilty
most human rignlfl^aousefl^criciinsurgents have deflectedtheir activities through the use of human rightsand sympathisers that deliberately distort andthese fronts have publicly
identifiedRights Committee for El Salvador (CDHES) and the Committee of Mothers of theKadreaJ_as_sta'fed and advised by insurgents.
|the head of thechdiocese Office of Human Rights and Legal Aid (Tutclahose human rights statistics are widely cited by governments and international organizations such as Amnesty International and Americasbeing involved in channeling funds to the guerrillas.
these groups fabricate storiesabuses ana attribute them to the government. the guerrillas have falsely allegedand mistreatment of the population when themounted its military sweep operations in rural areas. Offsquad" killings alleged bynly three were directly linked
rlghtwing extremists. Therobable political murders by unknownr unverifiable
Tutela Legal's methodology determined
reports of guerrillas killed and converting them to civilians killed by thepractice that was temporarily halted after Embassy complaints, but had resumed by The UN Special Rapporteur for El Salvador reported6 that Tutela Legal's methodology Is based on presumption, not facts, and that it counts victims as civilians even when they often are guerrillas.
governrrtent record improves .
as part of its efforts to demonstrate concern on the issue of human rights, the government has. allowed humanitarian interestthe international red cross, amnesty international, and americasto operate inside the country. even human rights groups with links to the insurgents are allowed to organize actively, issue statements, and mount antigovernment demonstrations. with the exception of the guerrilla fronts--which focus entirely on alleged government abuses and seldom comment on rebel atrocities--most human rights groups and the responsible press agree that the government has made progress in ending its abuses.
among president duarte's first initiatives4ampaign to ensure appropriate behaviorofficials. according to pros^reporting,
duarte ordered the elimination of all orhciai^government tiesrightwing death squads and appointed trusted,to head the security services, in addition, he movedhumanorsandtoirifloctrinate policepolice units that
were notorious forxtremists haveand that strict rules for handling andhave beenfigures indicate that
political murders declinedtt3oreover, between5 andolice officers were dismissed for crimes or unethical behavior,ere remanded to civilian courts for punishment. in an effort to prevent future violations, the security services late last yearweek course during which every police employee receivedours of instruction on human rights from the red cross, the catholic church, and the government human rights commission.
the government continues to seek measures that will further humanize the treatment of prisoners. duarte is seeking antlterrorist legis; assembly to replace the lapsed state of emergency and decreehat allow prisoners to be held and interrogated forays before being chargedrime. at present, theoperatingransitionalrequired to charge or release prisoners afterours, respite some grumbling, the military and security services have agreed to abide by these civilian-imposed rules. ay, the president submitted legislation that would provide amnestyrisoners held underxcluding only guerrilla combatants, foreigners, and those charged with terrorism. in addition, the proposed law would release all prisoners awaiting trial fqr_ crimes punishable by less than three years imprisonment.
By almost any account, the reform measures have had their intended effect. The International Red Cross has told I
|piivately that the human rights situation underTuarte is mTSnimproved. It reports the police and the Army have taken steps to minimize the abuse of prisoners and that onlyoercent of prisoners interviewed voice complaints. Inhe UN Special Rapporteur for Bl Salvadorteady decline in politically motivated murders4 and the absence of links between death squads and senior military officers. Canada restored bilateral aid to El Salvador as early4 in recognition of the government's improving human rights record, and other critics of San Salvador, such as Australia, have admitted that Duarte's efforts have borne fruit. Finally, the government has continued to respect the rights of free speech,ssociation, and assembly despite the ongoing
Civil war. liLaaaaaaH
ut Some Problems Remain
Despite the improvements, some abuses by the security services and armed forces continue.
some prisoners have been deprived oforced to exercise during prolonged interrogation. Occasional allegations of rape, electric shock, and beatings that leave no marks are made by some prisoners and human rights groups, but seldom can be verified. In addition, there are periodic non-combat killings of civilians attributed generally to low-ranking "diers involved in personal vendettas or criminal activity. |H
The fact that no senior officer has been convicteduman rights violation also tarnishes the country's reputation. An incompetent and corrupt judiciary, officer cronyism, and fear of Army retaliation by juries have inhibited the civilians from vigorously pursuing longstanding cas-as of abuse. We believe Duarte may have decided to overlook violations that occurred prior to his inaugurationradeoff to ensure good civil-military relations and the military's continued willingness to abide by the human rights norms estaolished by the civilian government.
The Insurgent Record
As the government's human rights performance has improved, guerrilla violence against the civilian population has increased. We believe this trend has developed in part from narrowed insurgent battlefield optionsesult of improved Army performance that has nearly halved guerrilla combatant strength The guerrillas seem to have calculated that their increased use of terror tactics wouia go largely unnoticed by the international press while demonstrating at home the continued inability of the government to control rebel activities.
p toercent ofarS nAW cimrnittcd by the guerrillas. Many victimson the highways during periodic, week-long travelone ban inor instance, fourpickers were summarily executed by theas part of the insurgents' continuing efforts tocoffee harvest.
Most killings seem, however, to be directed at peasantsto collaborate with the guerrillas or arc suspected
because they had distant relatives in the
, the guerrillas also have turned to
indiscriminate mining of roads and farmlands intended to intimidate the civilian population. Contact land mines killedoncombatant civilians and children5nduring the first half From January throughof themlimbs to mines. The UN Special Rapporteur for El Salvador has concluded that the overwhelming majority of these mines had been placed by the insurgents.
Net Assessment
The guerrillas have not been able to document significant government atrocities since the election of Duartend we believe they have begun to lose credibility, particularly as their own record has been increasingly tarnished. The insurgents undoubtedly will continue to accuse the government of abuses, particularly during large military sleeps. These campaigns are intended to mobilize international opinion against San Salvador and to pressure it to end such operations. Nevertheless, continued evidence of restraint by the Army in the field, combined with an absence of evidence of atrocities committed by the^rmed forces, will continue to erode the rebel position.
Recent actions by Duarte have underscored his commitment to continued progress on human rights in the midstifficult wartime situation. Nevertheless, Duarte's preoccupation with the war and his reliance on the military for political support are likely to preclude progress in the near term on cleaning up the judiciary or prosecuting officers involved in past abuses. In
owever, the terms of all the conservative supreme court members--appointed by rightwing parties prior to duarte*s if duarte's christian democratic party wins the presidential election that year, we believe these
ey obstacle to judicial
Original document.
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