Update on Status of Extradition of Defendants in Spain’s Criminal Case Regarding the 1989 Salvadoran Murders of the Jesuit Priests 

Previous posts have reported that the National Court of Spain in 2008 commenced a criminal investigation of the 1989 murder of six Jesuit priests and their housekeeper and her daughter in El Salvador. In May 2011 the Spanish court issued the equivalent of an indictment of 20 former Salvadoran military officials for their alleged involvement in those murders.[1]

One of these defendants had died; one had been living in the U.S.; two have been cooperating with the Spanish investigation; and the whereabouts of three are unknown. The other 13 are believed to be living in El Salvador.

Ever since May 2011 Spanish authorities have been seeking extradition of 13 of these men from El Salvador and one from the United States. But extradition has not happened yet. Here is an update on the status of those efforts.

 Developments in El Salvador

In December 2011 Spain requested extradition of 13 of them who were then believed to be in El Salvador. In May 2012, however, the Supreme Court of El Salvador denied extradition of the 13 on the ground that the country’s constitution prohibited extradition of its citizens.

In August 2015, in an unrelated case, the Constitutional Chamber of the Salvadoran Supreme Court ruled that, according to a treaty on international cooperation in criminal matters to which El Salvador is a party, an INTERPOL red notice requires both the identification of the location of the defendants and their arrest and detention pending an additional filing, such as an extradition request. This decision appeared to be in direct conflict with the just mentioned Court’s May 2012 ruling against extradition in the Spanish case.[2]

In response to the August 2015 ruling, the Salvadoran Human Rights Ombudsman, David Morales, on November 16, 2015, petitioned the country’s Supreme Court to review its 2012 decisions refusing to arrest and order the extradition of 13 former military officials who were subjects of the INTERPOL arrest warrants.[3]

The Ombusman also issued a resolution asking Spanish authorities to re-issue the arrest warrants for extradition purposes in this case. This request was endorsed in the Spanish case by the U.S.-based Center for Justice and Accountability (CJA) and the Spanish Association for Human Rights (APDHE).

On January 4, 2016, the Spanish court’s Judge Velasco honored that plea by requesting INTERPOL to re-issue the international arrest warrants for all the Jesuit Massacre case defendants who reside in El Salvador for their extradition to Spain to face the charges.

On January 6, the Salvadoran government said it will cooperate in the execution of those warrants and the extradition of former Salvadoran military officials and soldiers, but that the country’s Supreme Court would make the final decision.

In February 2016 Salvadoran authorities arrested and detained four of the former Salvadoran military officials who are sought for this Spanish criminal case. The four were former colonel Guillermo Alfredo Benavides Moreno; former sergeants Ramiro Ávalos Vargas and Tomás Zárpate Castillo; and former corporal Ángel Pérez Vásquez. The Salvadoran National Civilian Police (PNC) force said that it would “continue the search and capture of the rest of the wanted persons and will inform the public in the opportune moment.” To date, however, no additional arrests have been reported.

On July 14, 2016, the full Supreme Court of El Salvador was scheduled to release its decision on the latest request to issue extradition warrants in this case. The day before, however, the Constitutional Chamber of the Court decided that the country’s Amnesty Law was unconstitutional, which was discussed in a prior post. As a result, the full Supreme Court stayed further proceedings about the extradition warrants.

On August 16, 2016, the Supreme Court unanimously, 15-0, decided that former colonel Guillermo Alfredo Benavides Moreno could not be extradited.[4] The court, 11-4, also ordered that Benavides be detained in a Salvadoran prison in accordance with his conviction and imposition of a 30-year sentence by a Salvadoran court before passage of the amnesty law; after the passage of that law Benavides was released from prison. As a result, extradition was barred by a provision of the El Salvador-Spain extradition treaty that says extradition can be denied “if the person whose extradition is requested “has been tried and finally acquitted or convicted [of the same crime].”

The Supreme Court, however, has not yet ruled on the request to extradite the other three men– former sergeants Ramiro Ávalos Vargas and Tomás Zárpate Castillo; and former corporal Ángel Pérez Vásquez. They also were tried by a Salvadoran court for illegal homicide, which is an essential element of the crime now being pursued in Spain, but these three men were acquitted in a Salvadoran trial with many alleged irregularities. Strict application of the rationale of the above Supreme Court decision and the cited provision of the extradition treaty and the underlying notion of no double jeopardy suggest that they too should not be subject to extradition, but the irregularities in their trial are impediments to that analysis.[5] We now await the Salvadoran Supreme Court’s ruling on these three men.

Developments in United States

As explained in a prior post, a Magistrate Judge in the U.S. District Court for the Eastern District of North Carolina on February 5, 2016, upheld the requested extradition of Orlando Montano Morales to Spain in this case. https://dwkcommentaries.com/2016/02/06/resumption-of-spanish-criminal-case-over-1989-salvadoran-murder-of-jesuit-priests/

On April 1, 2016, Montano filed in that court an Application for a Writ of Habeas Corpus, which is the only way for him to appeal or challenge that decision.[6]

On April 26, the U.S. moved to dismiss that habeas application. Its brief argued that the certification of extraditability would not be overturned if there was any evidence warranting the finding that there was a reasonable ground to believe that the individual was guilty of the crime in the foreign country and that there was such evidence in this case. On June 10 the U.S. submitted its reply to the petitioner’s opposition to the dismissal motion; it argued that the response raised no issues needing further rebuttal.[7]

Montano Morales, however, was not finished. On July 21, he submitted another brief arguing that there was insufficient evidence to support the certification order’s probable cause conclusion. He also asserted that the court should consider certain declassified U.S. government cables with respect to the probable cause conclusion. On August 10, the U.S. again rejected Montano’s arguments, emphasizing that the habeas review was “limited to ascertaining ‘whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty of the asserted crimes’” and that there was such evidence.[8] (Emphasis added.)

The matter is now submitted for decision by U.S. District Judge Terrance W. Boyle.

According to Patty Blum, senior legal adviser with the Center for Justice and Accountability, which filed the original complaint in the Jesuit case with the Spanish court in 2008 and which supported the request for extradition of Montano, the habeas corpus application is unlikely to “get much traction substantively” as the order granting extradition already rejected the core arguments of the new petition and the Magistrate Judge “did a thorough job of reviewing the record and giving a reasoned, detailed opinion.”[9]

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[1] Prior posts covered the marvelous ministries of these Jesuit priests and their university (University of Central America or UCA); the circumstances of their horrible murders; the Salvadoran military’s attempted cover-up of their involvement in these crimes; the flawed Salvadoran criminal prosecution of a few of the military personnel so involved and their absolution by a Salvadoran amnesty law; the investigation and report on these crimes by the Truth Commission for El Salvador; other legal proceedings regarding these crimes; the Spanish criminal case over these crimes; El Salvador’s 2012 denial of Spain’s request for extradition of most of the suspects in the case; and the commemoration of the 25th anniversary of the Jesuit martyrs in November 2014. These posts are identified in reverse chronological order of posting in a computer-generated list.  They also are identified in logical sequence in “The Jesuit Priests” section of my manually prepared List of Posts to dwkcommentaires—Topical: El Salvador. There also is extensive discussion of the Spanish case in the website of the Center for Justice and Accountability, the U.S.-based human rights organization that is involved in that case.

[2] Spanish Judge Re-Issues Request for the Arrest of Military Officials, CJA (Dec. 2015); Dalton, Spain calls for arrest of 18 soldiers accused of killing priests in El Salvador, El Pais (Dec. 23, 2015); Reuters, El Salvador will cooperate in arrest of 17 former soldiers accused of killing priests, Guardian (Jan. 6, 2015); Labrador, Spain orders again capture Jesuit Salvadoran military case, El Faro (Jan. 5, 2016).

[3] Human Rights Ombudsman asks extradition slaughter of Jesuits, El Mundo (Nov. 16, 2015).

[4] Labrador, Arauza & Zabiań, Court refuses to extradite Colonel Benavides, but agrees to send him to prison, El Faro (Aug. 17, 2016); Melendez, Supreme Court Decides Not To Extradite Jesuit Case, LaPrensa Grafica (Aug. 17, 2016); Reuters, El Salvador Court Denies Extradition of former Colonel to Spain, N.Y. Times (Aug. 17, 2016).

[5] The Salvadoran trial was covered in a prior post as was the release of Colonel Benavides under the Amnesty Law.

[6] Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, et seq, Montano Morales v. Elks, No. 5:16-HC-2066-BO (April 1, 2016).

[7] Memorandum in Support of Motion To Dismiss Application for Writ of Habeas Corpus, Montano Morales v. Elks, No. 5:16-HC-2066-BO (April 26, 2016); Response in Opposition to Federal Respondents’ Motion To Dismiss Application for Writ of Habeas Corpus, and Request for Hearing, Montano Morales v. Elks, No. 5:16-HC-2066-BO (May 18, 2016); United States’ Reply to Petitioner’s Response in Opposition Regarding Motion To Dismiss Application for Writ of Habeas Corpus, Montano Morales v. Elks, No. 5:16-HC-2066-BO (June 10, 2016).

[8] Supplemental Filing To Support Petition for Write of Habeas Corpus and Request for Hearing, Montano Morales v. Elks, No. 5:16-HC-2066-BO (July 21, 2016); Government’s Response to Supplemental Filing To Support Petition for Writ of Habeas Corpus, Montano Morales v. Elks, No. 5:16-HC-2066-BO (Aug. 10, 2016).

[9] Cooper & Hodges, Extradition appeal among setbacks in Jesuit massacre, Nat’l Cath. Rep. (April 13, 2016); Assoc. Press, Ex-Salvadoran colonel fights extradition in Jesuit killings (Apr. 1, 2016).

El Salvador’s Supreme Court Invalidates Salvadoran Amnesty Law

On July 13, the Constitutional Chamber of the Supreme Court of El Salvador decided, 4 to 1, that the country’s amnesty law of 1993 was unconstitutional. This post will examine that decision and a subsequent post will discuss the impact of that decision on the pending criminal case in Spain regarding the 1989 murders of the Jesuit priests in El Salvador.

 The Court’s Decision.[1]

The Chamber held that the country’s amnesty law of 1993 was unconstitutional because it was “contrary to the access to justice” and the “protection of fundamental rights” as impeding the state from fulfilling its obligation to investigate, try and punish grave violations of those rights. Indeed, the court said the government has an obligation to “investigate, identify and sanction the material and intellectual authors of human rights crimes and grave war crimes” in its civil war and to provide reparations to victims.[2] The court also suggested that prosecutors begin with about 30 cases highlighted by a U.N. Truth Commission in March 1993.[3] The cases include massacres, assassinations and kidnappings by combatants from both the armed forces and the guerrilla army called the Farabundo Martí National Liberation Front (FMLN). One of the most prominent was the 1989 murders of the Jesuit priests and their housekeeper and her daughter.

The court’s announcement of its decision stated that the 1992 Peace Accords ending the civil war had contained no provision for an amnesty; that the country’s National Assembly had no power to grant an amnesty to persons who had committed crimes against humanity or war crimes constituting grave violations of human rights and that its constitution and international law of human rights required the conclusion of invalidity.

The court also stated that the crimes against humanity during the civil war were not individual and isolated acts, but the result of guidelines and orders issued by organized apparatuses of power with hierarchies of command.  This implies criminal responsibility of the direct actors, those who gave the orders for the crimes and those commanders who failed to countermand the orders and thereby failed to exercise control over the hierarchies.

Much to the surprise of this blogger as a retired U.S. attorney, one of the Chamber’s four judges in this very case, Florentine Menendez, made a public statement about the decision. He said, “We’re not raising hatred or reopening wounds,” but rather emphasizing “the strength of the constitution and the right to life and justice” for the victims. The decision rescues “the jurisprudence of the Inter-American system of human rights protection to heal the wounds of the past and finally close the page and get a national reconciliation.”

Positive Reactions to the Decision.[4]

The next day the decision was celebrated at a ceremony in San Salvador’s Cuscatlan Park, the site of a 275-foot granite wall etched with the names of 30,000 civilians killed in the country’s civil war and the locations of nearly 200 massacres committed between 1970 and 1991. Below are photographs of David Morales,El Salvador’s human rights ombudsman, who made remarks that day, and of part of the granite wall.

David Morales
David Morales
Cucatlan Park
Cucatlan Park

 

 

 

 

 

 

At this celebration, David Morales said, “If prosecutors and judges are willing to comply with the ruling, it will generate for the first time in El Salvador the first glimmers of reconciliation.” He added that many Latin American countries have already abolished their amnesty laws and begun to prosecute crimes dating to the civil wars and military dictatorships of the late 20th century.

Benjamin Cuellar, former director of the human rights institute at the University of Central America (UCA) and one of the petitioners in the lawsuit, said, “This is the first step that will take El Salvador to true reconciliation; so that the institutions work and bring to justice those who commit crimes, regardless of who they are.”

UCA, the home of the murdered Jesuit priests, stated, “The majority of the victims are more noble than the victimizers.   They do not want vengeance, they want the injustice to be recognized.   And the State is obliged to honor them.  It is time to put the victims in the center.   The new phase that is opened for the country is positive, it means an advance for democracy and justice, and constitutes a late but just recognition for those who had been disrespected in their memory and in their pain.”

The Center for Justice and Accountability, which has been involved in various Salvadoran human rights cases, including the Spanish case regarding the murder of the Jesuit priests, said, “Today’s decision marks a moment many of us have hoped for, for a long time, as we struggled by the victims’ side. The victims have been demanding justice since the peace was signed and the brave truth commission report was published. The amnesty law passed only seven days after was a betrayal to the victims’ hopes and the whole peace process. With it, justice was excluded forever. Today’s decision brings back hope for investigation and prosecution both inside and outside the country.”

A group of independent United Nations human rights experts declared: “This historic decision for the country brings hope to victims and confidence in the legal system…. More than twenty years after the end of the conflict, this decision will restore the fundamental rights of victims to justice and full reparations.”

Amnesty International praised the decision: “Today is an historic day for human rights in El Salvador. By turning its back on a law that has done nothing but let criminals get away with serious human rights violations for decades, the country is finally dealing with its tragic past.”

Another voice of support for the decision came in a New York Times editorial calling it “ a remarkable ruling that opens the door for relatives of victims of war crimes to hold torturers and killers accountable.” “However,” the editorial continued, “there appears to be little political will in El Salvador to revisit a painful chapter of its history in courtrooms. Politicians across the political spectrum have questioned the viability of war crimes tribunals at a time when the country’s judicial institutions are overwhelmed by endemic gang violence.”  Nevertheless, the Times suggested that El Salvador should create “a prosecution unit and gives it the tools and independence to pursue the most emblematic cases of the conflict” like the El Mozote Massacre,” which has been discussed in prior posts.

Negative Reactions to the Decision.

The lack of political will referenced in the Times editorial can be seen in the country’s President, Salvador Sánchez Cerén, a member of the FLMN, asserted that his government had always been committed to the restoration of the victims of the war and to building a culture committed to human rights.   However, he said the court’s decision did not meet “the real problems of the country and far from solving the daily problems of Salvadorans, worsens them.  Judgments of the Constitutional Chamber ignore or fail to measure the effects on our living together in society, and do not contribute to strengthening institutionality.”

Another FLMN leader had a similar reaction. The former president of the National Assembly, Siegfried Reyes, said the decision was “surprising and seeks to weaken and hit the governance and hit the security plans that the government is implementing effectively.”

The country’s Minister of Defense, David Munguia Payés, asserted that the decision was a “political error” and would be a setback to the process of pacification which had occurred since the end of the civil war.”  He openly worried that the ruling would turn into a “witch hunt.”

Mauricio Ernesto Vargas, a retired general who represented the armed forces in the peace negotiations, said the court’s ruling could intensify political polarization in a country with no shortage of problems: a gang-violence epidemic, a migration crisis, crop failures and economic stagnation.

 The country’s Attorney General, Douglas Melendez, had a more nuanced view. He said, “We respect from the institutional point of view this ruling. We will do what we have to do, we will fulfill our constitutional responsibilities.”

The conservative political party ARENA (founded by a leader of the death squads in the 1970s and 1980s, and in control of the government when atrocities like the massacre of the Jesuits occurred and the authors of the amnesty law) published an official statement urging respect for the court’s decisions, but also noting that the decisions would present challenges for the process of reconciliation and the strengthening of democracy and institutions.

Now we will have to see whether this decision leads to any Salvadoran investigations and prosecutions for the serious human rights crimes of its civil war and to a resumption of Spain’s criminal case regarding the 1989 murders of the Jesuit priests. (The latter subject will be covered in a subsequent post.)

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[1] El Salvador Supreme Court (Constitutional Chamber), Press Release (July 13, 2016), http://static.ow.ly/docs/20.%20Comunicado%2013-VII-2016%20Ley%20de%20amnist%C3%ADa_50Yr.pdf; Post war 1993 amnesty law declared unconstitutional, Tim’s El Salvador Blog (July 13, 2016), http://luterano.blogspot.com/2016/07/post-war-1993-amnesty-law-declared.html; Malkin & Palumbo, Salvadoran Court Overturns Wartime Amnesty, Paving Way for Prosecutions, N.Y. Times (July 14, 2016); Maslin, El Salvador strikes down amnesty for crimes during its civil war, Wash. Post (July 14, 2016), https://www.washingtonpost.com/world/the_americas/el-salvador-strikes-down-amnesty-for-crimes-during-its-civil-war/2016/07/14/5eeef2ec-49bf-11e6-8dac-0c6e4accc5b1_story.html.

[2] Prior posts have discussed the Amnesty Law: International Criminal Justice: El Salvador’s General Amnesty Law and Its Impact on the Jesuits Case, dwkcommentaries.com (June 11, 2011),  https://dwkcommentaries.com/2011/06/11/international-criminal-justice-el-salvadors-general-amnesty-law-and-its-impact-on-the-jesuits-caseEl Salvador’s Current Controversy Over Its General Amnesty Law and Supreme Court, dwkcommentaries.com (June 16, 2011), https://dwkcommentaries.com/2011/06/16/el-salvadors-current-controversy-over-its-general-amnesty-law-and-supreme-court; The El Mozote Massacre: The Truth Commission for El Salvador and the Subsequent General Amnesty Law and Dismissal of the Criminal Case, dwkcommentaries.com (Dec. 13, 2012), https://dwkcommentaries.com/2012/12/13/the-el-mozote-massacre-the-truth-commission-for-el-salvador-and-the-subsequent-salvadoran-general-amnesty-law-and-dismissal-of-criminal-case. It should be noted, however, that U.S. federal courts have held that the General Amnesty Law is limited to Salvadoran judicial proceedings and thus does not bar U.S. civil lawsuits for money damages against Salvadoran defendants. (El Salvador’s General Amnesty Law in U.S. Federal Courts, dwkcommentaries.com (June 14, 2011), https://dwkcommentaries.com/2011/06/14/el-salvadors-general-amnesty-law-in-u-s-federal-court-cases.

[3] Prior posts have discussed the Truth Commission: International Criminal Justice: The Jesuits Case in the Truth Commission for El Salvador, dwkcommentaries.com (June 9, 2011), https://dwkcommentaries.com/2011/06/09/international-criminal-justice-the-jesuits-case-in-the-truth-commission-for-el-salvador; The Salvadoran Truth Commission’s Investigation of the 1980 Murders of the Four Churchwomen, dwkcommentaries (Dec. 19, 2011), https://dwkcommentaries.com/2011/12/19/the-salvadoran-truth-commissions-investigation-of-the-murders-of-the-four-american-churchwomen; The El Mozote Massacre: The Truth Commission for El Salvador and the Subsequent General Amnesty Law and Dismissal of the Criminal Case, dwkcommentaries.com (Dec. 13, 2012), https://dwkcommentaries.com/2012/12/13/the-el-mozote-massacre-the-truth-commission-for-el-salvador-and-the-subsequent-salvadoran-general-amnesty-law-and-dismissal-of-criminal-case.

[4] Thanks for Tim’s El Salvador Blog (http://luterano.blog spot.com) for much of the information on the reactions to the Chamber’s decision.  David Morales: The sentence “is a tool of greater scope to demand justice, DiarioCoLatino (July 14, 2016) http://www.diariocolatino.com/david-morales-la-sentencia-es-una-herramienta-de-mayores-alcances-para-exigir-justicia; Dalton, Declared unconstitutional the amnesty in El Salvador, El Pais (July 14, 2016) http://internacional.elpais.com/internacional/2016/07/15/america/1468541983_506876.html.

 

 

 

 

Resumption of Spanish Criminal Case Over 1989 Salvadoran Murder of Jesuit Priests?                      

As discussed in a prior posts, Spain’s National Court in 2008 commenced a criminal investigation of the 1989 murder of six Jesuit priests and their housekeeper and her daughter in El Salvador. In May 2011 the Spanish court issued the equivalent of an indictment of 20 former Salvadoran military officials for their alleged involvement in those murders.[1]

In December 2011 Spain requested extradition of 13 of them who were in El Salvador and two who were believed to be in the U.S. (Two of the others could not be located, another two were in the process of cooperating with the Spanish judge in the case and another had died.) In May 2012, however, the Supreme Court of El Salvador denied extradition of the 13 on the ground that the country’s constitution prohibited extradition of its citizens while one of those was in the U.S. in U.S. custody on criminal charges (Inocente Orlando Montano Morales). As a result, it appeared that the Spanish case had been road-blocked

Now there are signs in the U.S., Spain and El Salvador that the case will be resumed.

U.S. Court Approves Extradition of a Salvadoran Suspect to Spain

On April 8, 2015, the U.S. Department of Justice filed a complaint for U.S. extradition of Montano to Spain. A hearing on that complaint was held on August 19, 2015, before U.S. Magistrate Judge Kimberly Swank, U.S. District Court (Eastern District, North Carolina).[2]

On February 5, 2016, the Magistrate Judge issued her decision upholding the requested extradition. She agreed with the Spanish evidence that showed that Mr. Montano was present at a meeting of the military high command that ordered the murders, which were carried out by an elite Salvadoran unit trained by the U.S. military. “A government official who acts in collaboration with others outside the scope of his lawful authority,” she wrote, “may reasonably be considered a member of an armed gang under the Spanish terrorist murder statute.”[3]

The key conclusions of the decision were: (a) “There is currently in force an extradition treaty between the United States and Spain;” (b) Montano “was charged in Spain with extraditable offenses under the terms of the extradition treaty between the United States and Spain, namely the terrorist murder of five Jesuit priests of Spanish origin and nationality;” and (c) “Probable cause exists to believe [Montano] committed the charged offenses of terrorist murder.”

Therefore, the Magistrate Judge concluded that Montano was subject to extradition and certified this finding to the U.S. Secretary of State as required by 18 U.S.C. § 3184.

The Center for Justice and Accountability (CJA), which has supported the extradition of Montano, said that this decision was “thorough, erudite and sweeping in scope [and] turns on a central legal ruling: As a government official, Montano collaborated with others to carry out the murders, acting beyond the scope of his official authority.  As such, Montano can be considered a terrorist. This finding is a vindication of the years of struggle of the Salvadoran people against a repressive military which tried to turn reality on its head by calling anyone who defied it – including the Jesuits priests – terrorists. It is gratifying that a US court has recognized the true reality and named its leaders, Montano one of the most powerful, what they were – terrorists.”  CJA added: “The Assistant U.S. Attorney was persuasive in all aspects of his arguments, ably representing the interests of Spain in the U.S. judicial process.”

Carlos Martín Baró, the plaintiff in CJA’s Jesuits Massacre Case in Spain and brother of Father Ignacio Martín Baró, S.J., one of the murdered priests, said: “My brother had a broad desire to help people. When he encountered the poverty and inequality of El Salvador, he realized the problem was deeper, and he dedicated his entire life to helping the people of that country.  The fact that the Colonel Montano may face trial in Spain won’t heal the pain but is a victory for all people who seek justice.”

Under the previously mentioned U.S. federal statute (18 U.S.C. § 3184) the Secretary of State “shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.” This statute on its face does not appear to grant the Secretary the discretion to deny the request for extradition. Moreover, since the U.S. Department of Justice brought the prosecution of Montano for immigration fraud and then for his extradition, it appears exceedingly unlikely that Secretary of State John Kerry would not provide the necessary warrant for extradition.

Now we wait to see if Montano exercises his right under Federal Rule of Civil Procedure 73 (c) and Federal Rule of Appellate Procedure 4(a) to appeal this decision to the U.S. Court of Appeals for the Fourth Circuit within 30 days “after entry of the judgment or order being appealed from,” which presumably is February 5.

 Spain and El Salvador’s Apparent Cooperation on Extradition of Other Suspects

 In August 2015, in an unrelated case, the Constitutional Chamber of the Salvadoran Supreme Court ruled that, according to a treaty on international cooperation in criminal matters to which El Salvador is a party, an INTERPOL red notice requires both the identification of the location of the defendants and their arrest and detention pending an additional filing, such as an extradition request. This decision appears in direct conflict with the Court’s May 2012 ruling against extradition in the Spanish case over the Jesuit murders.[4]

In response to this recent ruling, on November 16, 2015, the Salvadoran Human Rights Ombudsman, David Morales, petitioned the country’s Supreme Court to review its 2012 decisions refusing to arrest and order the extradition of 11 former military officials who were subjects of the INTERPOL arrest warrants,[5]

The Ombudsman also issued a resolution asking Spanish authorities to re-issue the arrest warrants, for extradition purposes in the Jesuits Massacre Case. This request was endorsed in the Spanish case by CJA and the Spanish Association for Human Rights (APDHE).

On January 4, 2006, the Spanish court’s Judge Velasco honored that plea by requesting INTERPOL to re-issue the international arrest warrants for all the Jesuit Massacre case defendants who reside in El Salvador for their extradition to Spain to face the charges.

On January 6, the Salvadoran government said it will cooperate in the execution of those warrants and the extradition of 17 former Salvadoran military officials and soldiers (one of whom is the previously mentioned Montano in the U.S.), but that the country’s Supreme Court would make the final decision.

On the other hand, a former Salvadoran Defense Minister, Humberto Corado, who was not involved in the killings, has requested support for those subject to the INTERPOL arrest warrants from the ARENA political party because their party members were the government officials in charge at the time of the killings and issued orders that the military carried out. He also argued that the country’s amnesty law should prevent the Spanish case from proceeding further,[6]

On February 5 and 6, 2016, Salvadoran police detained four of the 17 former military officials. The police also are looking for the other 12 (excluding Montano). This is despite some earlier police reluctance to do so. These arrests and searches are seen as a first step towards extradition. These actions were endorsed on February 6 by President Salvador Sanchez Ceren, who stressed that the country was “committed to comply with international standards” and that there were INTERRPOL red notices calling for arrest. He also urged those subject to arrest to comply for decision on extradition to be made by the Supreme Court.[7]

Conclusion

There now appears to be some hope that those accused of complicity in the murder of the Jesuits will face criminal charges in Spain. The main obstacle now is the Salvadoran Supreme Court, which will have to decide whether the new arrest warrants and request for extradition will be honored.

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[1] Prior posts that were tagged “Jesuits” covered the marvelous ministries of these Jesuit priests and their university (University of Central America or UCA); the circumstances of their horrible murders; the Salvadoran military’s attempted cover-up of their involvement in these crimes; the flawed Salvadoran criminal prosecution of a few of the military personnel so involved and their absolution by a Salvadoran amnesty law; the investigation and report on these crimes by the Truth Commission for El Salvador; other legal proceedings regarding these crimes; the Spanish criminal case over these crimes; El Salvador’s 2012 denial of Spain’s request for extradition of most of the suspects in the case; and the commemoration of the 25th anniversary of the Jesuit martyrs in November 2014.

[2] Prior posts that were tagged “Montano” discuss the U.S. prosecution, conviction and imprisonment of Montano for U.S. immigration fraud and the proceedings for his extradition to Spain. See also CJA, U.S. Extradition of Montano; Drew, Unusual extradition fight plays out over priests’ slayings, Yahoo News (Aug. 18, 2015); Hodge, Former colonel faces extradition for charges of plotting Jesuits’ slayings, Nat’l Catholic Reporter (Aug. 24, 2015).

[3] Certification of Extraditability & Order of Commitment, In re Request By Spain for the Extradition of Inocente Orlando Montano Morales (No. 2:15-MJ-1021-KS, U.S. Dist. Ct., E. D. N.C., N. Div. Feb. 5, 2016); CJA Press Release, Judge Grants Extradition of Salvadoran Colonel Accused in Jesuit Massacre (Feb. 5, 2015); Malkin, U.S. Judge Approves Extradition of Former Salvadoran Colonel, N.Y. Times (Feb. 5, 2016).

[4] CJA, Spanish Judge Re-Issues Request for the Arrest of Military Officials, CJA (Dec. 2015); Dalton, Spain calls for arrest of 18 soldiers accused of killing priests in El Salvador, El Pais (Dec. 23, 2015); Reuters, El Salvador will cooperate in arrest of 17 former soldiers accused of killing priests, Guardian (Jan. 6, 2015); Labrador, Spain orders again capture Jesuit Salvadoran military case, elfaro (Jan. 5, 2016).

[5] Human Rights Ombudsman asks extradition slaughter of Jesuits, El Mundo (Nov. 16, 2015).

[6] Serrano, They asked military support of ARENA and right before the event of murdered Jesuits, LaPagina (Jan. 6, 2016).

[7] President recommends involved in Jesuit case to be delivered, Diario CoLatino (Feb. 6, 2016); Labrador, Captured soldiers accused in the Jesuit case, Elfaro (Feb. 5, 2016); PNC Accused Military Capture Jesuit Case, DiarioLatino (Feb. 5, 2015); Labrador, Police are still resisting capture by military Jesuit Case, Elfaro (Jan. 25, 2016).