EL SALVADOR PERFORMANCE ON CERTIFICATION ISSUES

Created: 7/13/1983

OCR scan of the original document, errors are possible

Director of

Onril lateUJteftCt

El Salvador: Performance on Certification Issues

InlerafeDCy iQielligenct Atteumear

1

El SALVADOR: PERFORMANCE ON CERTIFICATION ISSUES

Iaf ihu Anouorol

KEY JUDOMENTS

Tli' Rovernment of El Salvador has made continued progress on most certification issues during the past sis. months. Progress Insubstantial control over the armid forces 'ind prosecuting those resDonsibir for the murders of sis Americans has been marginal at best, howe*

Improvement has been most evident in the area of government reforms Agrarian reforms have made steady advances, particularly In the distribution of land and titles to thousands of new beneficiaries. Recent banking laws also haverocess begun0 tofinancial institutions and reallocate credit to tlie general

public m

Cooperation among moderate elements in the government has increased over the last sis months, with an attendant erosion of extreme rightist influence. This has enabled the administration to step up the process of democratization, especially evident in the enactment of an amnesty law that has reduced the number of political prisoners byercent. Other advances include the creationeace Commission charged with seeking political reconciliation with the guerrillas and completing the draftew constitufioc

Major weaknesses remain, however, in the government's ability to Safeguard human rights, particularly in the countryside. Killings by rightwing death squad* and elements of the armed forces cortinue. Efforts by the military high command to instill respect for human rights among the rank and file heve had some effect in elite units, but little in poorly trained garrison units and civil drfense forces gjjpji.

The cases Involving the murder of the sit US citizens have yet to reach trial stage because of continued legal and procedural bottlenecks In the weak criminal Justice system, Conspirators in the killings of two

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DI5CUSSION

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Imphmen'a'ion c'v*r>SMm9mfi owever. the c1 of progress In Elelative thing, complicated by abuses of prisoner before detentionovernment facility and the use of violence by estrcmUts against their perceived political opponenti

1 The insurgent war has intensified this year estjoe mil as have stepped up efforts to broaden theirof control and Inllsri major damage on the country'l already crippled economy The rate ofdeaths on both sidrt has increased, but the rate of civilian politicalas nee changed rubstanllally According to US Embassy reports, figum foe theonths3light Increase over those for the las) si. months* civilian polil'cat deathshe average so far this year, however. Is well below ihe monthly death rateor al2 (See accompany ing chart ajU

3 The bendmprovement is also reflected In the recently enacted and swiftly implemented amnesty lawent into effect inhe authorities have released morefolitical prisonersl at the time amnesty went into effect -guerrillas and labor leaders as well as left .vi irteOectuab suspected of rub. en ion and detained under tl* emergency decree Most of those released

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far onlyuerrillas and camp Wsowers. Nevertheless, the president ot* th* .ern ent'lRight* Gwnmurioaurrentlyeported cases of abuse of cMtiinj by both guerrilla nd armed forces units1 attempt-but lo localeistingappear* opti-c that other* will take advantage of the law He notes that guerrilla* ate required onlyormal request foe amneety, and lhat they art not Intenogat-ed ca required lu provide details of their past actions Liie (he released political prisoners. IniuiarnO seeking amnesty are fie* lo remain in ihe country Of to leave Meanwhile, ihe Amnesty Commission's recently estab-bahed rehabilitation cent mitt re It asalstinc bcnefttla-tie* In finding work or In trseltlins: on land belo.iging to the agrarian reform agencies These deslrine to leave El Salvador areee -

8 Despite these and otherassive publicitybelieve thai fear cf reprisals from iheeft or right will inhibit most guerrilla! and political elites from takingof ihe amnesty The government hopes lhat fair treatment of Insurgents turning themselves in will spark additional defections, but this miy be offset by Bccouriti of former political priscners of abuses before their Internment. B

T. These abuse* apparently are continuingto the US Embassy, government and military officials disavow revonsunlrfy fee actions employed by the Army In combat situations before pi boners are transferred 'o detention centers The positive effects of the amnesty program could be further offset by recent death squad activity against some prisoten who had been released before the amnrsti A

Control ofmtd forces

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military rcrsaini iriaeditary la steppingfforts to profewlonallte its ranks artel instillfor human rights Nevertheless, the intensity of therecenl massacies of capturedHa influence an oWvestic kwtessnes* probably have generated continued abusea by armed forces elements against the civilian

t. Military lea (Jen are maintaining their efforts to reduce human rights violations within the armed forces Moreover, aepoetlng indicate* more preciaioo lo theonths in fire control during fighting ta populated arras, particularly on the part of combat pilots and artillery .

e Jtsctprtnc also has beenSBiOng VS-trained infantry battalions tliatengaged In heavy counlerirourgeneySan Vicente and Motaran.US defense attache reports^ troops moving Intobase areas and occupied (own* areinhabitanli with

reatment of capturedremain smallto improve. Accoccunf to the US defense attache, ihe Anny Increasingly is treating wounded guerrillas and inlerrogating them humanely. They are then evacuated to Sen Salvador rather than being left in the hands of local cornmand-en Some of those captured have related the concern of guerrillat the superior performance of US-trained units and their ability lo generate snore positive attitude* among peasanU toward the

It In aeMiitsei. the new Defense Minister hasuman rights manual lo all military units to the country Simitar rutoVtines have had only bmited impact within the securityr theevertheless, this action help* reinforce the commitment to curb abuse* by field coenmandeei and their troopa

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(or human rights offenses and othct criminal acta, pending trialsvikin court* These cases ceaie to be ll>-ol the military and quickly become buried in the Ubyriitthl and criminal justicen one eastern drpartmenl, for example. I'Siab tdcotifiedivilian Court cases Involving former military personnel All had been separated from Ihe armed foices for serioush ai assault, rape, kidnaping, and murder Must cases were it ill pending, although two had resulted io acquiKah. and aothers In convictions

H Covermneof efforts lo investigate matsoccurred last fall hate stalled becauseackfrequent problem that underscoresclimate of fear and polarisation In

nother widely publicized man tillingoccurred in February 1in According to US Embassy Sources, at

leasteasant farmers were shot ta and around the fsrrr. cooperative of Lai Hojas. there is on* report that as many asote may have been killed According lo peasant spokesmen, the victims were members of the Nations! Salvadorndian Association whoargeted by kxet cattle rarvcheis following landitea Individual mtmbers of the local cMl defense forces and seme fcOO regular troops led by an Army captain were Involved The captain was placed under military nrfl Ui April pending further mmfigalionj by govenunciil ptosevuton of charges that hiscommander. Colonel Ariujo, ordered theHe has since been released-hasendingops tc In Holes on search and destroy oslauoru afslnat "knowncrwd-Int to t'S Embassy sources, dnl defense personnel attached lo ArauJo's command have threateneddeath, thus prompting peasant leaden loprotection from the Nstional CuaH The local Cuard commander has promised to pet<oI the Indian COoperatlvsM and provide UVto svltllor

t to engage In random actsDisappearances and unidentified bodiesreported Inor. ttolled by specific units of .

Proo/ess on ffs'orm

Ung continued (HOd'rtl in Imparrrlfnf' Mj sewne and polirsVielnc'udtng landu)

i administration has made Heady prngress Its economic, polllkal, and land refonnj during the last at months This period has beea characterised by Increasing cooperation among the miior parties in the government,rowing maturation of the stilt-fragile democratic system as well as ihe erosion of power of some eitreme right ck> menu

The continuing movement toward reform was ssot affected by the recent power struggle in the military, which resulted in the resignation of Defense Minister Cards In April Although CareU had beenprimary forte for snoderslion and had earned the enmity of cilrame rightists for his support of reforms, his replacement by General Vtdes reptcsrnird both the transition of power through established procedure end the continued dominance of the pragmaticof the offices' oorpa Furthermore, the impart

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b about tourvey to determine the number of Illegal evictions, and it recentlyationwide publicity campaign to discourage such actions Meanwhile, US Embassy reporting ihal the armed forces continue their efforts to return evictees lo their new landsesuh, any herdedore umepurled cvktiarts are now rnore likely to come to the attention of ihe euthoririei

cognlunt ol tne ncru iv>the moderate polkies of Magena- in pad ioolicyand we believe that the military under hit command will continue to support the govern-

effort]l rengthe

either factionalism in Ihe military norinsurgent attach* have deteried the armedkeeping agrarian reform on track AccordingInternational Development, as of 17

June there wereeneficiaries inredistributionof largeo peasantwhile Phase III (land to the tiller) hasormerly landless peasants' Sincethe governmenteeded most of Ksgoalt with regitd lo title application ndAptJxaticns for tea titles, foe esample, have climbedumulative totalIS in Oriober tol of3 During the same period, cumulative distribution of permanent titles to Phase II pfopertk's hat grown. suggesting that changesl year In management of the program are now paving dividends While iheb slill behind in its schedule for distributing provisional titles, the rite of distribution has Increased markedly since Januaryumulative tola)4 lo IM!'^

rogress on land leform continues lobe clouded by rumors and allega'toets of large, scale fvtcti-.ntbilij)iLi-lti.ks!i':

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12 The ability of Magana to continue leforms tn the face of rightist opposition has been reflected In his handling of economic issues- This spring, foe eiecnplr. the adminlsttation implemented the final 4ep tn reforming ihe banking system by offering up toercent of the equity In nationalised banks to private Investors, with limitation! onount an Individual Investor can purchase The offerhree-year struggle to lake control of credit out of the handsew stealthy families.urther sign ihet eiti*.me rightwlnganing, the Assembly recentlyampa go by mi ice coffeelo weaken the powers ol Ihe National Coffee Institute, thereby contributing to equitable ret mis fee snaB producers

he Inability of the far right to prevail oa economicirrored In Ita overall reduction of power In the government during ihe past di month* Inispute In Ihe Assembly concerning rule changesabinet appointment sparked increased cooperation by moderate right and lihersl deputies eat. mi obstruct ion. st parliamentary tactic* by far right D'Aubuissnn and his party This enabled Pied-dent Magana toightwing ministeroderateongoverning polilical party, thereby reducing the share of po-er for P'Aubulison's faction and slienglhening executive leverage with theSubsequent maneuvers by moderates succeeded inubuluon's public declaration to resign upon completion of the rew constitution gfj^

f lections ond Naoolio'ioni

o Mding f'tt elections tt an-tire and', io that end. Aeuood/oUk ejforti to begin ducuiston*oil motor potil^o! /avilueutV) ti Planning for electiom has hren hampered by partisan diKeiences over poets to be contested and the eligibility of candidates, as welt as disruptivehe electoral 'imctable Nevertheless, ihe IS Fav

batsi reports that thearties In Ihr government havegreed lo hold the presidentialonovember. AhurdV however. "HI be the promulgation of the constitution, without which an electoral eoJe cannot be developed not ihe atrudureew go*ernmenl deter-ninedettj^

t5 Other problems such as funding endfor the electoral coolesteingby the five-man Election CtxrcifCouncil remains Insistent on devising anVrm before November, somenow actnowledge thatrogramit not feasible. Oflklah of Ihe rightistRepublican Alliance and the liberalmeet eric Party, foe eeanple recently havethat the* will accept open nt.strathduring ihehe

Xjtn legist ration msy Inspire postelection charges of fraud among partisan groupings,hould help encourage another large lurnout on the part of voters unable ot unwilling lo relurn tomunicipalities ss would be required wiih formal legis-tratiun Turnout will still be determined lo aestent, however, by the ability of th* fivefactions lo coordinate Oheir efforts to sabotage Ihe balloting mote effectively than in: g

einr.eiit'i Peace Commissionhas made lecenl contacts wlih political spotevnrn for the insurgent alliance in an effort lo determine their interest in thj srnnesty program and pariicipa-Hon In election*.

powerrrangement Having Increased their military pressure, ihe insurgents now are engaged 1st major diplomatic lobbyingialogue wiih the governments of El Salvador and the Unitedtf

*VoVs of US CrtiieAj

'Coodftitho tnoeittgolt murders of

Ht US drsi andiWinf lohntu* those re*pon-

elhle for)

he case of the five National Guardsmen charged with tilling four US chuichwomen0 has again been set bach by (ud>cielower courto brgia trial proceedingsOverturned this spring by an appellate court, which cited irregularities In the presentation of physios] evidence. Technically, this only postpones an(ury trial and allows prasecuines more lime to organise their

ju two other Nl*iona) Guardsmen have confessedu'deringUS representatives of ihe American Institute for Free Labor DevelopmentLO)1 and are due lo aland trial following an appellate review of the evidence The court, however, has rejected formal requests by the Attorney Ceneral to prosecute two other participants in ihe crime, Lt. Lopri Sibrian and businessman Hans Christto US Embassy sources the government has one year to Introduce new evidence or Iherill be officially closed Reporting indicates ihal the Megana admjnstra'ion at pressing for prosecution and p'othbly will appeal lo the Supreme Court

eper Sibriaa. meanwhile, remains on active duty but in administrative detention and Is notto travel txtside the eountr)

her conspiistor. Captain Eduet Avlls. remains In hiding subject tourder tuspcct and Army deserter.

5

Penny 3evls

Center for National securityarylandn, CC

Sear Ks. Bevia:

s In recponse to your letter of3 in which you requested, under the Freedom of infomatlon Actecords fron tho files of this Agency in connection with th* prepsroM on of the certification onalvador, signed by Secretary of State George p. Schulta on

Enclosedanitised copy ofSalvador; Performance on Certification isauss.* Deletions vsce nada on the basis of exesption provisions df tho vol A. Also enclosed ls anf the exemptions.

The CIA officl.il responsible for thoso determination* Is Kr. Paul Mcrr, Information Review Officer for the directorate of Intelligence. You have the right to apponl the above declrlonr by vdreealng your apptal to tha CIA Inforaatlon Review Connlttco, Inare. Should you decide to do this, please expls.r, the basis of your appeal.

Wo apologise for the length of time it has taken us to corslets the procerMng of your request, but wo havearge nutabar of requests over tho past severtlnder the clrouastanceo, we have done our best to be fair to all of our requesters. Thus, we established soipo years ego the policy of firet-rucelved, first-answered. Thank you for your patience and consideration while wo weco processing your request.

John h. Wright Information anJ Privacy Cobtdinator

Sincerely,

1

Enclosures

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