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Subject: EL RESCATE REPORT November 30-December 7, 1992
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/** reg.elsalvador: 144.0 **/
** Topic: report from el salvador 11/30-12/7 **
** Written 11:54 am  Dec 10, 1992 by elrescate in cdp:reg.elsalvador **
 EL RESCATE HUMAN RIGHTS DEPARTMENT

REPORT FROM EL SALVADOR
November 30-December 7, 1992

President Cristiani's surprise decision not to travel to Miami on
November 30 for a conference sponsored by the U. S. State Department
was apparently made at the last minute. The government press office
issued a communique on the 30th reporting that the President had left
the country, but later rectified that his address to the conference
was given via satellite. No explanation was provided for the change,
but analysts believe it was related to the still uncertain situation
regarding the purging of the Armed Forces.

No information has been released on the purging process, but the FMLN
apparently received sufficient guarantees that the President will
comply with the recommendations of the Ad-Hoc Commission to proceed
with the demobilization of the fourth contingent of combatants and, on
December 2, to begin the destruction of weapons. With the December 15
deadline rapidly approaching, COPAZ is working overtime to complete
proposed legislation packages on reforms to the electoral code and
judicial system, and protection for war-disabled soldiers and
combatants. The legislation regulating land transfers was revised and
approved by the Assembly and the last of the mayors from towns in
former conflictive zones returned this week. The "15 de septiembre"
Battalion of the Fifth Brigade demobilized on December 5, and the
Atlacatl Battalion is scheduled to be dissolved on December 8.

There has been no further warning about a coup d'etat, but Joaquin
Villalobos defended the FMLN's decision to issue an alert last weekend
as a "preventative measure ... We are living the most critical stage
of the process," he explained, "the moment in which no one knows what
could happen." The FMLN had received information that two different
groups in the Armed Forces were considering coup attempts: "It was a
dangerous moment." (1)

An impressive list of international dignitaries have been invited to
the "Day of National Reconciliation" ceremonies on December 15, but
there may still be difficulties during the coming days which could
prevent the celebration. "We can't discard the possibility that there
will be complications," acknowledged Dr. Iqbal Riza of ONUSAL.

"Our power is not in our weapons but in our ideas."
Leonel Gonzalez (2)

"I don't want to dramatize this ... but it is a historic moment for El
Salvador."  Dr. Iqbal Riza, ONUSAL (3)

According to the most recent calendar of implementation of the peace
accords, the FMLN was scheduled to begin the destruction of its
weapons on December 1, but as late as November 30, FMLN leaders were
calling the situation uncertain. Citing problems with the purging of
the Army, legalization of the FMLN political party, legislation
regarding land transfers and dissolution of the intelligence agency,
Gerson Martinez stressed that "positive signs" from the government
were necessary in order to proceed with the demobilization and arms
destruction. (4)

On the afternoon of November 30, Joaquin Villalobos announced that the
FMLN had received confirmation from the United Nations that the Ad-Hoc
measures had been sent to the Secretary-General and that they were
"satisfactory." (5) The next morning, the 1343 remaining combatants
from the fourth contingent demobilized in 12 of the 15 concentration
sites; 2000 combatants remain in the final contingent.

The historic ceremony to initiate the destruction of weapons began at
10:00 a.m. December 2 in the El Paisnal concentration site. With the
press and ONUSAL observing, an FMLN combatant trained by ONUSAL
military advisors in the use of blowtorches, disabled the first
weapon, an M-60. Some combatants shed tears, but the majority appeared
determined to comply, chanting "A step forward with the Frente." (6)
Pistols, submachine guns, mines, mortars, and grenade launchers will
be destroyed and used to construct monuments in each of the 15
concentrations or exhibited in museums, "as a symbol to remind the
world of the need for peace," explained Leonel Gonzalez. (7)
Destruction of the surface-to-air missiles, explained the FMLN
commander, is linked to complete compliance with the Ad-Hoc
recommendations "after December 15." (8)

In his speech to the combatants, Gonzalez stressed the political
struggle ahead and called on President Cristiani to demobilize the
Atlacatl Battalion on December 8 as scheduled. "If a crisis occurs
again," he said, "we have the recourse of halting the destruction of
our weapons."  Non-compliance by the government with the Ad-Hoc
recommendations would be a crisis,he stressed: "Have no doubt about
that."  (9)


"An impressive symbolic act."  Dr. Iqbal Riza

Dr. Riza praised the FMLN for meeting its commitment to begin the
destruction of weapons and called on the government to fulfill its
responsibilities regarding land transfers, legalization of the FMLN,
deployment of the PNC and reduction of the Armed Forces. (11)

The army is "very cautious in believing the FMLN will destroy all its
weapons," declared the Minister of Defense. "We are certain we will
find clandestine hiding places after December 15 ... It is clear the
war hasn't ended. (12) In a rare interview, Colonel Rene Arnoldo
Majano Araujo of the 5th Brigade referred to the FMLN ceremony as "a
total farce, a cosmetic act." The Colonel declared, "categorically I
don't believe they are complying with the accords, none of us believe
they are complying.  They are just breaking up scrap weapons." (13)
According to Vice-President Merino, the FMLN destroyed only "junk." He
demanded that all weapons be destroyed by December 15 "or they will be
responsible for the failure of the most perfect model of a negotiated
peace in Latin America and the world." (15)

Joaquin Villalobos insisted that the United Nations has a complete
weapons inventory from the FMLN and explained that the SAMs will be
maintained as the final bargaining chip. The missile was the weapon
that determined the end of the war, he said. "It was a way of saying,
now no one can win." Twelve planes were shot down during a six-month
period, not all by SAMS, but it was "a catastrophe for the government.
" Villalobos noted that the SAM was a negotiating tool, "and we
preserve it as such." All missiles will be destroyed, but the process
is linked to the "entire purging package" of the army. (16)

The preservation of the missiles "endangers the political stability of
the region," according to Dr. Oscar Santamaria, who predicted that the
FMLN could sell the SAMs to drug cartels "or they could be used to
destabilized governments." (17) Leonel Gonzalez responded by reminding
Dr.  Santamaria that it is the Armed Forces which has "a proven record
of such transactions," including the theft and sale of three 500 lb.
bombs to the Cali Cartel earlier this year. (18)

The FMLN repeated its demand for a "clear accounting" of the more than
10,000 weapons confiscated by the army during the war and expressed
concern that these arms could be used in "provocative actions: after
December 15." According to FMLN leader Sigifredo Reyes, neither Ponce
nor any other military commander has provided information on the
whereabouts of these weapons. (19)

Meanwhile, the Armed Forces announced that December 8 is the last day
for civilians to voluntarily turn in military weapons to army
garrisons, a requirement for the peace accords. There has been no
information on the number of weapons surrendered, but within such a
short time-frame and without incentives, a large quantity is unlikely.
On December 4, Dr. Iqbal Riza admitted that the collection program
"has not advanced to the degree we had hoped for." (20)


Day of remembrance ... reconciliation ... or harmony?

On December 3 the National Assembly voted unanimously to declare
December 15 a paid holiday for all government employees, but deputies
could not agree on what to name the day. In the meantime, the
government has invited a plethora of celebrities, including President
George Bush, President-Elect Bill Clinton, Boutros Ghali, OAS
Secretary General Joao Baena Soares, the Presidents of the four
"friendly" countries, and even the Pope. Foreign Minister Pacas Castro
announced that the event will be held in the Feria Internacional and
said government officials were meeting with the FMLN to discuss
preparations.

FMLN leaders informed the press that they are working with the
political parties and ONUSAL to accelerate compliance with all accords
by the 15th. The FMLN called on the United Nations, the U.S., the
European Economic Community, and all nations which have assisted in
the peace process to offer their "good offices" to assure successful
compliance with the balance of the process.  Guatemalan Nobel Prize
winner Rigoberta Menchu and other international personalities have
been invited, but the FMLN has asked all guests not to attend unless
the accords are fully honored. "The next fifteen days are decisive,"
declared Joaquin Villalobos on December 1. "December 15 must be a
conclusion. It must not be the door to a new period of
destabilization." (21)


"The people have a right to know."  UCA Public Opinion Pool (22)


According to the results of a survey conducted by the UCA, 52.8% of
those interviewed believe the results of the Ad-Hoc evaluation of
military officers should be released, "because the people have the
right to know." (23)

Nonetheless, there has been no information on the administrative
measures to be taken by President Cristiani. On November 29, the
deadline for presentation to the Secretary-General by the President,
there was complete silence from the government. In New York the
following day, the Salvadoran Ambassador to the United Nations refused
to comment to the press, (24) but a diplomatic source confirmed that a
letter had been received from President Cristiani and was
"satisfactory." (25)

On December 1, "sources" said the Secretary-General had received a
letter which did not include the administrative measures but did
inform him of an agreement between the FMLN and the government,
allowing the President to be more "flexible" with the a purging
process in exchange for an acceleration of the land distribution
process. (26) The President reportedly told Mr. Boutros Ghali that the
government had complied with its commitments and that a commission had
been formed to "supervise" the purging process. (27) According to UDN
Deputy Mario Aguinada Carranza, the President's letter to the United
Nations was "not satisfactory," and the confusion continues. Dr. Iqbal
Riza admitted only that there had been a "two-day" delay in the
presentation of the letter and that the delay had "resulted in
rumors." (28)

According to other sources, President Cristiani informed the
Secretary-General that a number of the officers on the list could not
be discharged at this time without destabilizing the situation. This
source said the President and the FMLN are negotiating which officers
will stay until next year as well as the appointments of the new
Minister and Vice-Minister of Defense. (29)


"The moment of purging has arrived."  Guadalupe Ortiz, CPDN (30)

There were expectations that the Army's General Orders on November 30
would include the names of at least some of the officers discharged
due to the Ad-Hoc report, but the day came and went without any
information to the press, General Zepeda later said there were no
"significant changes" in the orders. (31) Minister of Defense Ponce
added, "In December we are going to say what is going to happen in
December. " (32)

The Ad-Hoc Commission did an "excellent job," according to Joaquin
Villalobos, "the first time in history civil society has taken a very
courageous, objective position in regard to the evaluation of the
army."  Villalobos emphasized that the confidentiality of the report
was necessary, because making it public "practically would have
eliminated the possibility of moving it forward." (33)

It is "political blackmail," declared retired Colonel Ochoa Perez.
"Who hasn't violated human rights in a war?" he asked, and demanded
that the "FMLN criminals" also be judged: "the biggest violators of
human rights, FMLN criminals walking the streets with complete
impunity." Ochoa insisted the Ad-Hoc Commission is unconstitutional,
"biased ... and an attempt to destroy the Armed Forces." (34) The
Director of the Military School, for his part, denounced the
methodology used by the Commission and the fact that "no one is
responding" to "horrible cases" of violations by the FMLN.  Colonel
Julio Cesar Grijalva also lambasted Commission member Eduardo Molina
Olivares, "of renowned anti-government tendency ... and clear leftist
affiliation." (35)

Vice-President Merino admitted that "some members" of the institution
"made errors in the defense of the nation," but said it would be
incorrect to punish those who "had no other option than to comply with
their duty." (36)

General Ponce, however, emphasized that any decision by the
Commander-in-Chief of the Armed Forces will be obeyed, (37) and
General Mauricio Vargas promised the institution will comply "with
great tranquility and serenity." He insisted there will not be a
coup,"only conspirators against the peace process could have such
plans." (38)


"The list of military officers involved in human rights violations ...
is based on at least 6000 testimonies and denunciations."  Human
Rights Commission, non-governmental (39)

"Those lists are completely ridiculous and have absolutely no
validity.  President Cristiani (40)


The non-governmental Human Rights Commission (CDHES) began a campaign
against army impunity on November 25 with a full-page ad outlining the
military record and violations committed under the command of General
Juan Orlando Zepeda. Two days later the record of General Rene Emilio
Ponce was published, and the following day the UNTS ran the same paid
ad. On November CDHES and seventeen popular organizations published
the names of 224 officers with the total number of violations per
category attributed to each one.

"Our patience has run out," declared General Ponce as he and the
Vice-Minister appeared before the Attorney General to file defamation
charges against CDHES and UNTS. (41) "They have harmed and defamed our
image and our honor ... and they are harming the institution to which
we proudly belong."  (42) The campaign is part of a "national and
international plot," concluded the Minister. Attorney General Roberto
Mendoza Jerez called on UNTS and CDHES to present evidence, "like
civilized people." (43)

Undaunted, CDHES plunged ahead with it campaign, and ads featuring
Colonels Inocente Montano and Gilberto Rubio and General Rinaldo
Golcher appeared during the following days.  The government released a
communique condemning the campaign "attacking the truth ... with
malice and malevolence ...  in a desperate attempt to destabilize the
government and the Armed Forces."  (44) A group calling itself "The
Citizens of the East, Center and West" published a communique
denouncing the "judicial offensive" against government officials and
decried the lack of an "efficient response" from authorities. (45)
Colonel Grijalva called the campaign a "clear case of defamation" and
said he "would like to see them publish these things in Cuba!" (46)

The UNTS welcomed legal proceedings and promised to present "all ...
we repeat, all" evidence. The labor coalition called on members of
popular organizations to present denunciations: "We can't lose time
... All Salvadorans who have been victims ... Let's go forward! The case
against Ponce and Zepeda is open." (47) Celia Medrano of CDHES
insisted the judicial system will now have to investigate all charges
and open "special trials" against the two generals. "When we began
this, we knew we had the legal and moral authority with respect to the
charges," she said. (48)


"Zepeda ordered the execution of the crime."  Spanish National Radio

"The time to present evidence has past."  General Juan Orlando Zepeda
(50)

The two generals were also forced to respond to charges by Spanish
National Radio on December 2 that Zepeda was the main "intellectual
author" of the Jesuit assassinations. The report charged that Zepeda
ordered the executions as part of a "contingency plan" by the Armed
Forces and U.S. advisors which included the elimination of opposition
politicians and union leaders. The plan was authorized by the High
Command during the most difficult moments of the 1989 FMLN offensive
when a guerilla victory appeared likely. General Ponce was also
involved in the conspiracy according to Spanish Radio, based on
evidence gathered by the station from survivors, witnesses to the
trial, and the Jesuits. (51)

President Cristiani immediately said the report was "very
speculative." If they have information, he declared, "the judge is
available." (52) In court the following day to file defamation
charges, General Zepeda contended that the story was part of the
"national and international strategy against us ... I categorically
reject this ... The time for evidence has past. There was a trial, why
didn't they present their evidence then?" (53)


"I believe there is a quota of responsibility in the training of that
unit."  Joaquin Villalobos (54)


During an extensive interview on December 1, Joaquin Villalobos
asserted that not only the Armed Forces and FMLN were responsible for
violations during the war. Citing the Mozote massacre, he suggested
that responsibility cannot be reduced to "a group of officers, there
is a conception of how an elite combat unit should act ... and in this
case, it was trained in the U.S." The Atlacatl Battalion was not only
responsible for Mozote, but for the massacres of Sumpul, Calabozo,
Copapayo and others:  "All were carried out according to the scorched
earth concept." (55)

Villalobos also mentioned the delicate issue of death squads,
"civilians ...  who instigated murders and used the Armed Forces," and
insisted that other groups "must assume a quota of responsibility ...
not just the FMLN and Armed Forces (56)

Retired Colonel Ochoa Perez hotly denied the charges that the United
States promoted a scorched earth strategy and said U.S. advisors
always expressed "concern" about Salvadoran operations. "It was never
a doctrine," he insisted. The massacres of Mozote and Sumpul "are not
the responsibility of the institution but rather of some members."
(57)


"It is time for ONUSAL to do its work and go away."  Colonel Sigifredo
Ochoa Perez (58)


On November 30 the U.N. Security Council unanimously approved a
six-month extension for the ONUSAL mission, following requests by both
the FMLN and the government.

Colonel Ochoa Perez clarified that he was speaking for himself, not
for ARENA, when he denounced ONUSAL's "interference in problems of the
country." He complained that the Military Division "even shows up at
traffic accidents," and added that he opposed the presence of these
"foreigners" in the country. (59)

Dr. Riza responded that there is "freedom of expression" in the
country but said "it must be understood" that the mission had already
been extended for another six months. (60) Schafik Handal referred to
Ochoa as "one of the neo-nationalists who opposes peace ... They talk
about intervention now, but before, they permitted outside powers to
manage the country." ONUSAL, he declared, "is an essential component
of the peace accords." (61)

In a report to the General Assembly on the peace process,
Secretary-General Boutros Ghali expressed concern about the
"atmosphere of profound distrust" and threats against ONUSAL.  He
called on the government to investigate the threats and for "measures
to prevent hostile acts against ONUSAL personnel." (62)


"My son is innocent!"  Mother of Adolfo Aguilar Payes (63)


Student Adolfo Aguilar Payes was arrested, tortured, and charged with
the assassinations of two rightist political analysts in 1989. For
three years he was held in Mariona Prison as various attempts to bring
his case to court were blocked by judicial officials, according to his
attorney, Dr. Jose Maria Mendez, Jr.

Following a month-long hunger strike and national and international
pressure, the case finally went to trial on December 2. After a
one-hour deliberation that evening, the five-person jury found Aguilar
Payes innocent of all charges and he was released from Mariona Prison
the following day.

The family of Aguilar Payes was very active in demanding his release
and has taken the case to the Truth Commission. "The investigation
must continue," declared one brother, "to find the real murderers of
Gabriel Payes and Edgar Chacon." (64)

There have been persistent rumors since 1989 that the two analysts
were executed by death squads. The wife of Gabriel Payes has even
accused the CIA of killing her husband because he was a witness to the
Chacon assassination and because the two men were writing a document
against U.S. intervention.  According to one source, the document
included charges that Roberto D'Aubuisson had been paid by the CIA.
This source said Chacon was warned by D'Aubuisson not to continue
writing and was killed shortly thereafter. (65)


"They simply put all the depositor's money in a suitcase and left."
Juan Jose Martell (66)

In what has come to be known as the "swindle of the century," people
defrauded by the FOMIEXPORT company continue appearing in court by the
hundreds this week to file denunciations. Many of the approximately
5,000 victims are said to have lost their life savings in the $44
million scam. The list of investors even includes a Santa Ana judge
and 20 members of the Air Force. One officer, identified only as
"Captain Boris," reportedly lost a sum of 400,000 colones. (67)
Although a court judge has ordered the confiscation of the company
owners' property and financial assets, it seems unlikely the victims
will ever recover their losses.

Four FOMIEXPORT officials fled the country shortly before the scandal
broke last week, but on December 1 the Attorney General disclosed that
INTERPOL had located them in Costa Rica, and his office immediately
issued an extradition request. Dr. Mendoza Jerez also said the DEA was
participating in the investigation, "because money-laundering is
involved." (68) According to one judicial official, FOMIEXPORT has
operations in Costa Rica, Guatemala, and Panama and recently opened
offices in Canada, Brazil and Colombia. Nicaraguan authorities
recently closed down a branch office in that country and "nearly
deported" its employees. (69)

Although the judicial investigation has concentrated on the arrest of
the four accused, questions still remain unanswered on how an illegal
operation of this magnitude could go unnoticed without government
knowledge or supervision. CD Deputy Juan Jose Martel said it was hard
to believe the "ease" with which the financial venture was set up,
(70) and jurist Dr. Francisco Lima called the swindle "another
indication of the corruption in the country." (71)

Meanwhile, the Central Reserve Bank and the Financial System
Superintendent attempted to wash their hands of responsibility with a
series of paid ads in the newspapers. The BCR insisted it is solely
responsible for monetary policy, while the Superintendent published a
list of the only institutions legally under its supervision, including
banks, savings and loans, insurance companies, government agencies and
IPSFA (The Armed Forces Pension Institute.) The government
institutions warned that people who make investments or deposits with
institutions not on the list do so "at their own risk."

However, the fraud victims have presented documentation that
Superintendent personnel audited the company on three occasions, and
an official of the Attorney General's office disclosed that the BCR
"had suspicions: but did not take action." (73) The court in charge of
the investigation has announced it will summon Superintendent
officials "to answer questions." (74)

SOURCES: 1. TV12, 12/1/92; 2. RADIO YSU, 12/2/92; 3. IBID, 12/3/92;
DIARIO LATION, 11/30/92; 5. TV12, 12/1/92; 6. TV6, 12/2/92; 7.  DIARIO
DE HOY, 12/3/92; 8. LA PRENSA GRAFICA, 12/1/92; 9. EL MUNDO, 12/3/92;
10. RADIO YSU, 12/3/92; 11. TV12, 12/2/92; 12. RADIO YSU, 12/3/92; 13.
IBID, 12/5/92; 14. TV6, 12/3/92; 15. TCS 11/30/92; 16. TV12, 12/1/92;
17. IBID, 12/2/92; 18. IBID; 19. RADIO YSU, 12/4/92;  20. IBID; 21.
TV12, 12/1/92; 22. DIARIO LATINO, 12/4/92; 23. IBID; 24. TV6,
11/30/92; 25. TV12, 11/30/92; 26. EL MUNDO/NOTIMEX, 12/1/92; 27. LA
PRENSA GRAFICA/AP, 12/2/92; 28. TCS, 12/4/92; 29. Interview;  12/4/92;
30. RADIO YSU, 12/3/92; 31. IBID; 32. EL MUNDO, 12/3/92; 33. TV12,
12/1/92; 34, DIARIO DE HOY, 12/1/92; 35. IBID, 12/4/92; 36.  TV6,
12/3/92; 37. LA PRENSA GRAFICA, 12/4/92; 38. TV12, 12/1/92; 39. DIARIO
LATINO, 11/30/92; 40. DIARIO DE HOY, 12/3/92; 41. RADIO YSU, 12/3/92;
42. RADIO NOTIMUNDO, 12/3/92; 43. RADIO YSU, 12/3/92; 44. DIARIO
LATINO, 12/3/92; 45. EL MUNDO, 12/3/92; 46. DIARIO DE HOY, 12/4/92;
47. Interview, 12/3/92; 48. TV12, 12/3/92;  49. EL MUNDO, 12/2/92; 50.
RADIO NOTIMUNDO, 12/3/92; 51. EL MUNDO, 12/2/92; 52.  TV12, 12/2/92;
53. RADIO NOTIMUNDO, 12/3/92; 54.  TV12, 12/1/92; 55. IBID; 56. IBID;
57. IBID, 12/2/92; 58 DIARIO LATINO, 12/1/92; 59. EL MUNDO, 12/2/92;
60; DIARIO LATINO, 12/4/92; 61.  TV6, 12/4/92; 62. DIARO DE HOY/UPI,
12/5/92; 63. EL MUNDO, 12/2/92; 64. TV12, 12/2/92; 65. Interview.
12/1/92; 66 TV 12, 12/1/92; 67. EL MUNDO, 12/3/92; 68. RADIO YSU,
12/1/92; 69 TCS, 12/7/92; 70. TV12, 12/1/92; 71.  EL MUNDO, 11/30/92;
72. LA PRENSA GRAFICA, 12/3/92 / DIARIO LATINO, 12/2/92; 73. TCS,
12/7/72; 74. EL MUNDO, 12/2/92.


NOTE: The final Report From El Salvador of the year will be issued
December 16.  The next report, January 11, 1993, will cover the
interim period.

Copyright  1992, El Rescate Human Rights Department. This report may
be quoted and partially reprinted on condition that El Rescate be
cited as the source.


** End of text from cdp:reg.elsalvador **