El Salvador: Performance on Certification Issues
Interagency Intelligence .assessment
EL SALVADOR; PERFORMANCE ON CERTIFICATION ISSUES
. -The government of El Salvador has made continued progress on most.certification issues during the past six months. Progress insubstantial control over the armed forces and prosecuting those responsibj/for the murders of.si* Americans has been marginal at belt, however
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 the general public
Cooperation among moderate elements in the government has increased over the last si* 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 cr'.tioneace Commission charged with seeking political reconciliation with the guerrillas and completing the draftew constitution'
Major weaknesses remain, however, in thebility to safeguard human rights, particularly in the countryside. Killings by rightwing death squads and elements of the armed forces continue. Effort by the military high command to instill respect for human rights among the rank and file have had some effect In elite units, but little in poorly trained garrison units and civil defense forces!
The cases involving the murder of the six 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
oncerted and Hgnificanl effort lo comply with'Internationally recognUed humanCriterion foe fudging Sattcdotanpetformar^ejiv)
uring ibe partrnonlhi, ihe Magana admini*-
meat of proems io E! Salvadorelative thing, cncnphcaird by abuse* al prisoners before detentionovernment facility and the use of violence by eitremiiti acjinri their perceived political opponents.
he Insurgenthas Intensified thisnCild up effort* to broaden tbeii* areas of control and inflict major damage cn the country's already cripp ed economy. Theofdeath* on both sides has increased, but ihe rate of civilian politicalas not changed lubstsntially. According to US Embassyigures for the first Bia month*3hghl- those for the last sta month* ofITS civilian political deaths. The average so far thisell below thr monthly death rateoe all2 (See accompanying chart gt%
a The trend tovard improvement i* tbo reflected La ii* recently enacted and swiftly Implemented amnesty law. Since It went Into effect inhe authorities have rel-ased moref iheolitical prisoners LD is! at the time amnestyinto effectand bbor leaders as well a* leftist intellectual* ruspected of subversion and detained ttpder the ciaeifency decree. Mart ofi<lea.*rd
ethe government may extend the amnesty beyond its mid-July cutoff in an effort to attract political eule* and disenchanted members of insurgent groups iruide the country. Despite the unei-
EI Salvador: Insuegencv-Related Civilian tod Military3
tamtmX and fclucb cWlrolitical h* eiaaloV.
cweW Wnwt et rurwetsfart'iur-c tailednuJi* BiUf military relatedwW dnthi^B
pectedly highf pultrical pruoncri whoI fdnri, it reportedly hat attractedonly about JOO turrrillaa and campthe president of the government*!Right*it currentlyreported cavrs off civ [turn bytroop* aod am-ed foroa twitt andto locateissing persote- appearsthat] (ale advantage of the law.that guerrilla- arenly to sign aforthat they areust-
ed or required lo provide details of iheir past action* Like ihe rele-ased political prisoners, insurgents seeking amnesty are free to remain in the country or lo leave. Meanwhile, the Amnesty Commission's recently ejtab-lished rehabilitationsiUltnginr In resettling on land belonging to the agrarian rcfonx agencies. Those desiring_ to leave II Salvador are offered free
& Despite these and othera massive publicitybelieve that fear of reprisals from ihe citieme left or right will Inhibit roost guerrillas and political exiles from takingof the amnesty Tbe government hopes that fair Hutment of insurgerets turning themselves in wjHadditional de'ecttoni, but this may bt offset by accounts of former political prisoners of abuses before their internment W
T. These abuses apparently are continuinglo the US Embassy, government ard military officials disavow responsibility for actions employed by the Army in combat situations belote prisoners are transferred lo detention centers. The positive effects of the amnesty program could be furtherby recent death squad activity against some prisoners who hid been released before the amnesty ajg)
Control of tharcel
"It ocnveving tu*eiant<al oonl'o/ ooer eftof id oum armedi^nj laportlnd^^^ -
control of the aimed.
,ndiC4tes that the performance of ihe
reatment of captured prisoners -whose ouro-beri remainlo Improve. According lo the US defense attache, the Armyreating wounded guerrillas and interrelating them humanely.hen evacuated lo San Salvador rather than be.ng lefl us the handi of localSome of those captured have related the concernrrilla leaden over the superior performance of US trained units and iheir ability to generate more positivemong peasants toward ibe
n addition, the new Defense Miniiter hasuman rights manual lo all military units in the country. Similar guidelines have bad only limited impart within ihe securityr the put two years. Nevertheless, this action helps reinforce the commitment lo curby ftcld commanders and
military nut nut too rue a" frequently reduce tbeofUS officialfound thai military personnelregularly dtvrhargrd fromman 'i'n offense* nd other criminal ads, pending triati U> civilian courts.lotin retpoeuibilirv ol the military and Quickly become buried in the labyHnlh cf civil and criminal kutice prorecdino In one eastern department, for raample, US Embassy officials identifiedivilian court eases involving former military personnel All had been separated from the armed forces for sertou* crimes such as anaort, rape, kidnaping, and murder. Most caves were still pending, although two had resultedew others in convictions.
15 Another videlv publicized man killing under iflvestigatsoo occuried its February 1SS3 in So'sonate Department. Accord ng to US Embassy sources, at leasteatant farmers were shot in end around the farm cooperative of Us HotU; there is one report that as many aaore may have been killed According to peasant. the victims were member* of the National Sa'vadoran Indian Aaocianon who -tte targeted by local cartie ranchers following landIndividual members of the local civil dc-cr.se fortes andegular troop* ted by an Army captainInvolved. The captlitt vi) placed under niLtary arrest in April pending further' i by government prosecutors of charges that his depart-mentaj onmrr.andet. Colonel Ariu>o. ordered theteen He has since been released.ha. publicly admitted sending his nocps to Las Ho>a* on search and
oVviiov en4BHMis againstArovrd-Uig to USources, civil defenae personnel attached to Araiuo'i eooimand have threatened wit-nt-an vith death. :hui Deomptirg peasant leaders to area protection from the National Cua-d. The total Guard commander has promived to1 the Vidian cooperative* and provide them vith weaponself-
meting continued prog-iu in impU'n^nl-Ing economic end pofllfol nfoimi. Including* landv)
he Magaia administration ha* made rteady progress iaolitical, and land reforms during the last na months. Ths period has been char acted led by increasing eooprution among the major parties in the government, reflectinggrowing maturation of the KilMragfla dnnocratie rystrm asell as the era;ton ofofiaht elements
he coe-tinulng movementeform vas Dot affected by the recent power struggle in the military, which resulted in the resignation of Defense Minister Carcia Ji April Although Cares* hadrimary force for moderation and had earned the enrfity of eilirme rightists for hj support of reforms, hi* replacement by Cervrral Vide* represented both the transition of power through establishedhe continuedf the pragmatic oain-jarain of the oifirer corps Furthermore, the impact
cognizant ol the need to tcifTuTTe th* moderate policies of Magapart to fatufy L'Selieve that the military under hli command will continue to support theefforts to rtrengthen reform
either factionalism in the military norinsurgenthave deterred the limed forces from keeping agrarian teform on track According to the Agency for Internationalfurx there wereenefieiaries inred bin button of larae land holdings to peasantwhile Phase HI (land to the tillerj has benefitedoeme-ly landless peasants' Sincethe government has exceeded most of itsgosh with regard to title application ndApplications for new titles, for etample. have climbedumulative total ofn October7 at of3 During th* same period. eumotanv* dtstnbu-ion of permanent titles io Phase II properties has grown, suggetting that changes made lait year in management of the program *r* nowiodi While theb still behird in its schedule for distributing provisional titles, tha rate of diitnbution has Increased markedly rince Januaryumulative total
cocew onlind reform conttoon to be clouded by rumors and aargationi oficttpn) ot
te inabiiry of ihe far right
economic issuesirrored in ii* overall reduction of peer in ihe government during the past sis months. Inucute in the Assembly concerning rule changesabinet appointmentked inc/cated cooperation by moderate right nd liberal d'puties againstni it parliamentary tactic* by far right leader D'.Aubuuson and his party. Tha enabled Presi-denl Msgana toightwing ministeroderateongovemingtv. therrtiy reducing the share offor D'AubuiuoA'i faction and iticnglhemng executive loerage with theSuhtequem maneuvers by moderates lueeeeded in eliciting D'Aubuinon* public declaration to leiign upon completion of the new constrtuticr.
"Iiiud to huldiif free elecsiovu at ai early datt and. to that end, ho* dctonifaitd .good fat* tffoni to hr/in tfuc-asnona nil* allo*irgf /ocf kn* I* El Ulvadoi"lanning for elevtiera ha* been hampered by partisan differences Over posts to be cenlrrted and ihe eligibility of candidates, as well a*r-jes in the eleco-al nmetaWe Nevertheless, the CS Em-
report! thai ihe major parties in the government have informally agreed to hold the preslGcnttatonnejce hurdle, however, will be the promulgation ol the constitution, without which an clectoeal code cannot be de-ekiped nor the atiuclii'cew government - $
tS. Other probleuu ruch ai funding andfor the electoral contest finally are being ad-drenrej by the five tun Election Council Although the Council remaint Insistent onew regUtratloo system before November, tome political leaden now aclnowledgc thatrogram almost certainly ia notfficials of the righlUt Na-"boejl Republican ARiarvce snd the Lberal Christianrati* Party, foe rumple, leceiillv havethat they will accept Open legistatduring thehe take
tay inspirelect >on charges of fraudartiun groupings, but It should help encourage another large turnout on the part of voters unable or unwilling to return tounicipalities as would beib for-nalTurnout will (till be determined to ae-tent. however, by the ability of the livefactions to coordinate their efforts lo sabotage ihe balloting more effectively than in March' ijjj
he government's Peace Commissionhas made recent contacts with politicalor Ihe Insurgent alliance In an effort toheir interest in the. amnesty program andHon in electi.
power sharing arrangement Having incroied their military preuure. the iruurgents now it crtgjgrd in max* d'p'ocnatrC lobbyingialcefue wiih. the government* of El Salvador and the t'ruted0
AAuroVt of US CaHzons
tj/irrti to IncTiHgare murden o/ rU US etnioui teMe eeepon-nbU [q*U>
he case of Ihe five National Cuardinvcn charged wsth killing four US churchwoenen0 has again been set back by judicialower cuurt decision lo begin trial piocrcdlngia overturned this springan appe"lale court, which Cited irregularin tie piesestatioei al ph.ileal evidence Technically, this only postpones anJury trial and allows provecutors more time IO organiie their
Two other National Cuardimenonfessed lo murdering two US le present at Ives of the American Institute for Free Labor Development (AlFLD)re due to stand trial lelTc-aTrg an appellate review of tbe evidence. The court, however, hasformal requests by the Attorney Genera) to prosecute two other partie.pantj In the crime, Lt, Lopet Sibr.ao and businessman Hint Christ Accofd-ang to US Emcwiay sources, the government has one Weal to introduce new evidence or live cue will be officially closed Reporting indicates thai the Maun* adminslratioo is pressing for provecution and probably wal appeal to the Supreme Court af)
Lopez Sihnan. oiean-hile. remains oo active duty but in adrnmltrralive detention arvj ts notto Ua*el pu'ncl* the cuui;
_ot her conspirator,Arils, remains in hiding subject to arresturder suspect and Army deserter.Original document.