Ferrer Sentenced to Prison and Then Released  to House Arrest 

On April 3, José Daniel Ferrer appeared in the Provincial court in Santiago de Cuba, where the judges announced that he was guilty of assault and kidnapping and sentenced to four and a half years in prison.  Instead the judges released him to house arrest on condition he not carry out any political activity.. His civilian clothes were returned, and he was returned to his home in a patrol car.[1]

Afterwards Ferrer said, ““I am not going to comply with any of the rules imposed by the court. I will continue with more strength than ever.” He added that for him “overthrowing tyranny is a sacred matter. Without the solidarity of many brothers within Cuba and abroad, he would not be alive, because the intention was to leave me and other fighters within Cuba.” The regime “was looking for ways to get out of international pressure” due to his preceding imprisonment.

At the same court hearing, five other activists with Ferrer’s group (UNPACU) were sentenced to five years in prison, but also released for house arrest.

Diario de Cuba believes the granting of house arrest was due primarily to pressure from the European Socialist Group. Some of their leaders were on the island to attend his trial on February 26, but were denied entry to the courtroom. Immediately afterwards they voiced their complaints to the island’s senior leaders, including the President of the National Assembly of People’s Power. In addition to complaints about the Ferrer arrest and trial, the Europeans raised more general complaints about Cuba’s arbitrary arrests, imprisonment awaiting trial, reduced freedom of expression and restrictions on movement,[2].

================================

[1] The regime releases José Daniel Ferrer and detained UNPACU activists, Diario de Cuba (April 3, 2020); Assoc. Press, Cuba Gives Prominent Dissident House Arrest, Reads Sentence, N.Y. Times (April 3, 2020). This blog has published many posts about the Ferrer case, including protests from the U.S. and international human rights groups, which are summarized in this post: Cuba and U.S. Debate Cuba’s Treatment of José Daniel Ferrer (Mar. 19, 2020).

[2]  The release of José Daniel Ferrer would [not] have materialized. . .  [without] pressure from the European Union, Diario de Cuba (April 4, 2020).

 

 

 

 

Pandemic Journal (# 7): Latest Statistics  

The morning news on April 2 has these COVID-19 statistics for the world: 946,000 confirmed cases and 45,000 deaths. The most deaths have been in Italy at 13,155 and Spain at 10,003.[1]

The U.S. Situation[2]

The U.S. now has the most cases in the world with 214,461 and the third-most deaths at 4,841. In addition, the federal government is projecting U.S. total deaths (best case) to be 100,000 to 240,000

Adding to the gravity of the situation in the U.S., the federal government’s “emergency stockpile of respirator masks, gloves and other medical supplies is running low and is nearly exhausted due to the coronavirus outbreak, leaving the Trump administration and the states to compete for personal protective equipment in a freewheeling global marketplace rife with profiteering and price-gouging, according to Department of Homeland Security officials involved in the frantic acquisition effort.”

According to an anonymous DHS  official, ““The stockpile was designed to respond to a handful of cities. It was never built or designed to fight a 50-state pandemic. This is not only a U.S. government problem. The supply chain for PPE worldwide has broken down, and there is a lot of price-gouging happening.”

Moreover, thousands more of the ventilators in the federal stockpile do not work and are unavailable “after the contract to maintain . . .  [them] lapsed late last summer, and a contracting dispute meant that a new firm did not begin its work until late January.”

State of Minnesota Situation [3]

 My State of Minnesota has 689 cases and 17 deaths as it struggles to acquire needed supplies and equipment. The peak of our cases is now expected between early May and early June followed by the highest need for hospital beds.

“Several hospitals are adding more beds on their campuses. ‘The limiting factor is the availability of ventilators to be able to equip those rooms,’ Jan Malcolm, the State Health Commissioner, said. Operating rooms could also be converted to intensive care because many of them have ventilators. The state is also scouting locations for temporary hospitals, using buildings, such as closed nursing homes, that could house patients who don’t need critical care and are not infected with the coronavirus. The goal is to add 2,750 temporary beds, with 1,000 of them in the metro area.

According to Lee Schafer, a business columnist for the StarTribune, Minnesota’s hospital system is designed to handle “a normal patient load” because “unused capacity costs money” and  because “health care in this state was efficient.”

Conclusion

All of the these developments  makes a Minnesota senior citizen currently in overall good health like this blogger realize that if he contracts the COVID-19 virus during the next 60 days or so, he will enter the hospital system at its most stressful period. Therefore, it is even more important now to maintain six feet of separation from other people, to avoid groups of 10 or more people, to cover your mouth when you cough, to wash your hands frequently and to maintain physical fitness. Finally make sure your wills, trust agreements and health care directives are up to date. And study the Protective Orders for Life Sustaining Treatment (POLST) and determine your choices on that form.[4]

============================== 

[1] Coronavirus Map: Tracking the global Outbreak, N.Y. Times (April 2, 2020).

[2] N. 1 supra; Miroff, Protective gear in national stockpile is nearly depleted, DHS officials  say, Wash. Post (April 1, 2020); Miroff, Gloves, masks and ventilators near gone, StarTribune (April 2, 2020) (print edition); Madhani, Freking & Alonso-Zaldivar, Trump says ‘life and death’ at stake in following guidelines, StarTribune (April 1, 2020).

[3] Tracking coronavirus in Minnesota, StarTribune (April 1, 2020); Howatt, Minnesota COVID-19 cases increase by 60 to 689 with 5 more deaths, StarTribune (April 2, 2020); Schafer. Here’s why Minnesota doesn’t have enough hospital beds right now, StarTribune (April 2, 2020).

[4] See these posts to dwkcommentarie.com: Pandemic  Journal (# 5): POLST (Provider Orders for Life-Sustaining Treatment) (Mar. 29, 2020); Pandemic Journal (# 6): Maintaining Physical Fitness (April 1, 2020). Here are the earlier posts in this ongoing series: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (03/22/20) (Mar. 24, 2020); Pandemic Journal (# 3): 1918 Flu (Mar. 27, 2020); Pandemic Journal (# 4): “Life” Poem (Mar. 28, 2020);

 

 

Pandemic Journal (# 4): “Life” Poem

Important reminders of more important issues for us all as we live through this stressful period of the coronavirus (COVID-19) pandemic are found in different places. [1] For example, in organizing some personal papers I came across the following poem by Kristi Brown, the daughter of my cousin, Lloyd William Brown, Jr., and his wife, Karen Brown.

Life

 Life is not long enough to accomplish all your goals.

Life is too short to waste a minute of .

Life always has to end sometime or another.

It ends when you least expect it.

 

Life ends instantaneously for some,

Life’s end is long and painful for others.

Life’s end is known by some, but for others,

It ends when you least expect it.

 

Life is good to most people for a long time,

Life takes some people very early on.

Life fights with death for the cream of the crop.

It ends when you least expect it.

 

Life is taken advantage of by some, others live

Life one day at a time, and cross bridges when they come to them.

Life usually ends for the careful ones, not careless.

It ends when you least expect it.

 

Life’s end is welcomed by those who are suffering.

Life’s end is not welcomed for those who are not.

Life is hard after a loved one dies, but

It ends when you least expect it.

 

Life is a terrible thing to waste.

This poem in her handwritten spiral notebook was discovered in her nightstand drawer in the summer of 1987 by Kristi’s parents. This discovery was necessitated by Kristi’s having been killed, at age 19, on June 24, 1987, in a terrible multiple-vehicle crash on the Capitol Beltway outside Washington, D.C. on her way home from a summer job following her first year at the University of Virginia. Pursuant to her written instructions, Kristi’s heart, cornea and kidneys were donated to the Washington Regional Transplant Community.

Thereafter her parents organized an annual event they called “Kristi’s Christmas” when students from her high school in Springfield Virginia joined her parents and siblings to provide breakfast to a group of underprivileged grade-school kids and then escorted and provided money for them to go Christmas shopping followed by a special visit with Santa Claus. After her mother’s death, the West Springfield Rotary Club has taken over the organization of this annual event.[2]

Thank you, Kristi, for reminding all of us that life “ends when you least expect it” and that “life is a terrible thing to waste.” I am truly sorry that I never had the privilege of meeting you and learning about your inspirations for these amazing deeds.

This profound and beautiful poem helps me cope with the morning news on March 28th that  the world in at least 171 countries has seen 585,500 coronavirus (COVID-19) cases with at least 27,164 deaths while the U.S. has become the epicenter of the world with 102,838 cases and 1,646 deaths. My state of Minnesota has had 398 cases and 4 deaths, including 1 death in Hennepin County, where I live.[3]

My wife and I continue to be in good health while sheltering in our downtown Minneapolis condo with occasional outdoor walks on nice days and trips by car to buy groceries and once-a-week take-out dinners at restaurants, gas for the car and necessities at drug stores.

==============================

[1]This blogger has decided to periodically post his reactions to living through this pandemic. Here are the earlier such posts to dwkcommentareis.com: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (o3/22/20) (Mar. 24, 2020); Pandemic Journal (#3): 1918 Flu (Mar. 27, 2020).

[2] Korff, ‘Kristi’s Christmas’ honors the late Kristi Brown with day of giving for Fairfax kids, WJLA (Dec. 11, 2014); Ours, Kristi’s Christmas makes the holidays merry and bright, The Oracle (Dec. 15, 2016).

3] Coronavirus Map: Tracking the Global Outbreak, N.Y. Times (Mar. 28, 2020; Coronavirus in the U.S.: Latest Map and Case Count, N.Y.Times (Mar. 28, 2020); Olson & Snowbeck, Stay-at-home order now in effect to fight virus that has killed four Minnesotans, StarTribune (Mar.28, 2020).

 

Pandemic Journal (# 1): Kristof and Osterholm Analyses

Sunday morning’s news outlets reported that worldwide there now are over 300,000 persons who have contracted the coronavirus disease (COVID-19)  and at least 12,944 have died of this infection while the U.S. statistics are more than 24,300 cases and more than 370 deaths. My State of Minnesota has 169 confirmed cases and its first death while the state’s most populous county (Hennepin with the City of Minneapolis), where I live, has  57 confirmed cases and no deaths.

This blogger has decided to periodically post his reactions to living through this pandemic.

This first post will focus on some of today’s overall perspectives from those who know about what is happening: Nicholas Kristof, a New York Times columnist, who has talked with a lot of experts, and Michael Osterholm, now at the University of Minnesota as Regents Professor, McKnight Presidential Endowed Chair in Public Health, the Director of the Center for Infectious Disease Research and Policy (CIDRAP), Distinguished Teaching Professor in the Division of Environmental Health Sciences, School of Public Health, a professor in the Technological Leadership Institute, College of Science and Engineering, and an adjunct professor in the Medical School.[1]

Other posts will discuss other important developments in the crisis as well as his personal reactions to these problems.

Kristof’s Analysis[2]

One of the most disturbing Sunday articles was by Nicholas Kristof, who set forth what experts are seeing as the “worst case” and “best case” for the U.S. in March 2021, one year from now.

Worst Case

“More than two million Americans have died from the new coronavirus, almost all mourned without funerals. Countless others have died because hospitals are too overwhelmed to deal adequately with heart attacks, asthma and diabetic crises. The economy has cratered into a depression, for fiscal and monetary policy are ineffective when people fear going out, businesses are closed and tens of millions of people are unemployed. A vaccine still seems far off, immunity among those who have recovered proves fleeting and the coronavirus has joined the seasonal flu as a recurring peril.”

The U.S. “badly bungled testing, and President Trump repeatedly dismissed the coronavirus, saying it was ‘totally under control’ and ‘will disappear,’ and insisting he wasn’t ‘concerned at all.’ . . .The United States has still done only a bit more than 10 percent as many tests per capita as Canada, Austria and Denmark.”

“By some counts, the United States is just eight days behind Italy on a similar trajectory, and it’s difficult to see how America can pirouette from the path of Italy to that of South Korea. The United States may already have 100,000 infected citizens — nobody knows. That’s too many to trace. Indeed, one can argue that the U.S. is not only on the same path as Italy but is also less prepared, for America has fewer doctors and hospital beds per capita than Italy does — and a shorter life expectancy even in the best of times.”

“Mitre, a nonprofit that does work on health care, calculated that coronavirus cases are doubling more quickly in the United States than in any other country it examined, including Italy and Iran.” Two experts’ models suggest “that up to 366,000 I.C.U. beds might be needed in the United States for coronavirus patients at one time, more than 10 times the number available.”

Therefore, the U.S. “should be urgently ramping up investment in vaccines and therapies, addressing the severe shortages of medical supplies and equipment, and giving retired physicians and military medics legal authority to practice in a crisis.” But that is not happening. Moreover, the U.S. “isn’t protecting health workers with the same determination” as China did after its initial failure to do so.“In the worst-case scenario, will social services collapse in some areas? Will order fray? Gun sales are increasing, because some people expect chaos and crime.” The U.S. “is in a weaker position than some other countries to confront the virus because it is the only advanced country that doesn’t have universal health coverage, and the only one that does not guarantee paid sick leave. With chronic diseases, the burden of these gaps is felt primarily by the poor; with infectious diseases, the burden will be shared by all Americans.”

Best Case

“Life largely returned to normal by the late summer of 2020, and the economy has rebounded strongly. The United States used a sharp, short shock in the spring of 2020 to break the cycle of transmission; warm weather then reduced new infections and provided a summer respite for the Northern Hemisphere. By the second wave in the fall, mutations had attenuated the coronavirus, many people were immune and drugs were shown effective in treating it and even in reducing infection. Thousands of Americans died, mostly octogenarians and nonagenarians and some with respiratory conditions, but by February 2021, vaccinations were introduced worldwide and the virus was conquered.”

According to Dr. Larry Brilliant, an epidemiologist, “The best case is that the virus mutates and actually dies out.” Another expert,  Dr. Charles G. Prober, a professor at Stanford Medical School, agreed. Two other lethal coronaviruses, SARS and MERS, both petered out, and that is possible here. “My hope is that Covid-19 will not survive.”

“Several countries have shown that decisive action can turn the tide on Covid-19, at least for a time.” This especially is true for Singapore, Taiwan, South Korea and Hong Kong that “responded with the standard epidemiological tool kit: vigilance and rapid response, testing, isolating the sick, tracing contacts, quarantining those exposed, ensuring social distancing and providing reliable information. They did not shut down their entire countries.”

It is possible that the U.S. and other Northern Hemisphere nations soon will experience warmer weather that will dampen the coronavirus as was true with two of the four other coronaviruses.

“There is hope that some antiviral medicines currently in clinical trials will be successful.”

Finally there is hope that “the coronavirus may be less lethal than was originally feared, so long as health care systems are not overwhelmed.”

Yet another expert, “Dr. Tara C. Smith, an epidemiologist at Kent State University, summed up all of these considerations: ‘I’m not pessimistic. I think this can work.’ She thinks it will take eight weeks of social distancing to have a chance to slow the virus, and success will depend on people changing behaviors and on hospitals not being overrun. ‘If warm weather helps, if we can get these drugs, if we can get companies to produce more ventilators, we have a window to tamp this down.’”

Our Responses

“This crisis should be a wake-up call to address long-term vulnerabilities. That means providing universal health coverage and paid sick leave.”  The coronavirus legislation adopted last week does not do that. “It guarantees sick leave to only about one-fifth of private-sector workers. It’s a symbol of the inadequacy of America’s preparedness.”

“More broadly, the United States must remedy its health priorities: We pour resources into clinical medicine but neglect public health. . . . The United States has a decentralized and spotty public health system, and it has endured painful budget cuts, yet historically public health has saved more lives than clinical medicine.”

Osterholm’s Perspective[3]

U.S. Difficulty in Appreciating Risk of Pandemics

First, the U.S. government and citizens “had almost this sense of invincibility that we had a border that would not allow such infectious-disease agents to penetrate … . We, of course, know that is folly. A microbe anywhere in the world today can be anywhere in the world tomorrow.”

Second, “we tend to lack creative imagination. {Yet those ]who knew health care knew that health care [had been] carved down to the bone for which there was no resiliency of any substantial nature, no excess capacity, no monies to stockpile large volumes of protective equipment.”  In addition, there has been “no real understanding of the vulnerability of this country outsourcing all of its drug supply manufacturing to places like China.”

Third, “I think it’s human nature to not want to believe this” risk.

This January Osterholm wrote a notification for the CIDRAP leadership forum, saying, “ “I now am absolutely convinced this is going to be a pandemic. This will be a worldwide epidemic. We will see major transmission around the world. And what has happened in Wuhan [China] will happen in other places.” But this warning had no impact on U.S. policies.

 U.S. Needs ‘New Normal’

 U.S. and others need to find a new normal, a way to live with COVID-19. We “can’t shelter in place for 18 months. This isn’t going to work.” Instead, we need a national goal.

We must “make every effort to … protect those most vulnerable. And we [need to] continue to emphasize social distancing, … [and] keep the hospitals from being overrun. We [must] keep doing that until we get a vaccine. . . . It won’t be perfect. Some people will get sick, some may die.”

“People are really concerned. They’re scared … but they’re not panicking. They want straight talk.” They want the truth, and they are not getting it from the Trump administration.

“[A recent British scientific paper] said crowd size really makes no difference. We really have no data on crowd size. Their modeling says we have to have contact … that if you shook hands with all 50,000 people in an arena, you got a problem. But if you didn’t, the risk of transmission is not nearly as great as people think it is. We also don’t have good data that we have major transmission in schools from kids to kids and that they take it home to Mom and Dad.”

“Singapore did not close schools. Hong Kong did. We saw no difference. . . . {On the other hand,] I do know it makes a difference in saving lives in a hospital when you take out 20% of nurses, doctors, respiratory therapists who can’t work because they’re at home [to watch their kids]. I know that is a risk in putting grandparents in so that some can keep working.”

He is hopeful about some new potential treatments for COVID-19, such as chloroquine, that are being studied, but that, he says, is not a strategy.

Conclusion

As a retired lawyer in his 80’s with no experience or expertise on these global health issues, I concur in Professor Osterholm’s assertion that others and I want the truth from our government and national and local leaders. That truth will include admissions that they do not yet know certain important factors, that they are investigating those issues in a focused, disciplined, scientific manner and that the rest of us need to follow developments in the pandemic and follow the straightforward instructions: wash your hands frequently and carefully, maintain at least six-feet social distancing with other people and do not join groups of (10?) or more people. As noted above, other posts will explore my personal reactions to all of this situation.

=============================

[1] Osterholm also currently holds, and has held, other important positions in this field and is the co-author of “the 2017 book, Deadliest Enemy: Our War Against Killer Germs, in which he not only details the most pressing infectious disease threats of our day but lays out a nine-point strategy on how to address them.” (CiDRAP, Michael T. Osterholm, PhD, MPH.)

[2] Kristof, The Best-Case Outcome for the Coronavirus, and the Worst, N.Y. Times (Mar. 20, 2020).

[3] Burcum, Coronavirus pandemic: What’s ‘normal’ now? What’s next? An interview with Michael Osterholm, StarTribune (Mar. 22, 2020). /

 

Request for U.S. Records in Salvadoran Trial Over 1981 El Mozote Massacre

On December 10-12,1981, during the Salvadoran Civil War, 978 men, women and children were massacred in the country’s northeastern village of El Mozote, the largest mass killing in Latin America’s modern history. Of those victims, 447 were age 12 and under while 4 were unborn infants in their mothers’ wombs.[1]

Eventually it had become clear that  “the Salvadoran military’s Atlacatl Battalion was responsible for the massacre. But details were vague. The commanders of the Battalion remained free. So do the former senior defense officials who allegedly issued orders to the battalion. In the 1990s, the country approved an amnesty that protected war criminals. That law was declared unconstitutional in 2016 by a Salvadoran court, thereby clearing the way for reopening a Salvadoran criminal trial over this massacre.

Early Stages of Salvadoran Trial Over the Massacre[2]

Since that year (2016) a Salvadoran court has been conducting a trial of 16 former Salvadoran military commanders, including a former minister of defense, over this massacre. They are charged with murder, torture, aggravated rape, forced disappearances, forced displacement, acts of terrorism, illegal detention, theft and damages. The evidence implicated the involvement of the Atlacatl Battalion, which had been U.S.-trained, in contradiction of the original Salvadoran and American accounts of the massacre.

U.S. Congressional Decision To Help Salvadoran Trial[3]

In 2019 in establishing the annual budget for international aid, the Congress directed the U.S. Government to cooperate with El Salvador’s investigation of the El Mozote massacre in the following language:

  • “The [House] Committee [on Appropriations] directs the Secretary of State to work with the relevant federal departments and agencies to, as appropriate, assist the judicial authorities of El Salvador in the investigation and prosecution of those responsible for the El Mozote massacre. [This includes] the identification of and provision of related documents, correspondence, reproductions of Salvadoran documents, and other similar materials from January 1981 to January 1983.”
  • The Senate version stated, “The Secretary of State… shall encourage the Salvadoran Armed Forces to cooperate with prosecutors and investigators, including providing access to archival documents.” The bill also included a mandate for the Department of State to update its report on the current status of the Salvadoran trial.

In response to the Senate’s direction, the State Department on February 5, 2020, sent a letter to the Vice Chairman of the Senate Committee, Senator Patrick Leahy, with a report on the Salvadoran government’s cooperation with the court’s investigation.[4]

Recent Developments in Salvadoran Case[5]

In January 2020, a retired Salvadoran air force general, Juan Rafael Bustillo, testified in the trial that that the Atlacatl Battalion had carried out the massacre, which was the first time a Salvadoran military official had admitted such responsibility. He said he had not taken part in this event, but that it had been conducted on orders by Colonel Domingo Monterrosa, the commander of that Battalion who died in a 1984 helicopter accident.

After that testimony, the Salvadoran judge, Jorge Guzman Urquilla, concluded that the court did not have an important set of evidence: “U.S. documents that might shed light on how the massacre was planned and executed.”

 Salvadoran Judge’s Letter to U.S.Government[6]

As a result, the judge on January 27, 2020, sent a letter to  U.S. Secretary of State Michael Pompeo with copies to Defense Secretary Mark Esper, the Director of the Defense Intelligence Agency (DIA) Robert P. Ashley, Jr. and CIA Director Gina Haspel. The judge’s letter requested “at minimum, any document in the possession of the Department of Defense, the Defense Intelligence Agency (DIA), the Central Intelligence Agency (CIA), and other defense or intelligence agencies” relating to the El Mazote massacre. The letter stated the following:

  • “I recognize and am thankful for Congress’ initiative in asking the State Department to look into information that the United States may have on this case. As a judge, I would hope that it would provide me with greater certainty and clarity on these heinous acts that are now part of our country’s history, something we are not proud of, but which the historical record will demand we adjudicate.”
  • “The El Mozote trial is nearing the end of its investigative phase and will soon move to sentencing. Though some expert military testimony is forthcoming, the main phases of the examination portion have been completed. Service members, including several soldiers and a general, have given their accounts of the relevant events, confirming that the massacre took place as well as the role played by various units of the [Salvadoran] Armed Forces. A lack of documents is the last big hurdle. Despite [Salvadoran] President Nayib Bukele’s assurances that he will collaborate, the [Salvadoran] Army has stuck to the position it’s taken since the investigation began in the 1990s: that no relevant documents exist.”
  • “Even if they no longer can be found in El Salvador, it’s still possible that there are copies or records of these files in the United States, a country that was closely involved with and aware of the [Salvadoran] Army’s operations in the 80s as part of its foreign policy agenda.” Though a good deal of documents were already declassified [by President Bill Clinton in 1983], the letter also asked for “any other document that was not declassified by President William Jefferson Clinton or subsequent presidents.”
  • The letter also asked for “any other document that was not declassified by President William Jefferson Clinton or subsequent presidents” and for files on “the operations of the Armed Forces of El Salvador in the Morazán area, including any information on military planning, operational planning, and war planning, and involving any of the military units that I have mentioned,” between 1981 and 1983.
  • The letter specifically solicited information on General José Guillermo García, General Rafael Flores Lima, and 14 others who were charged and remain alive; on Colonel Domingo Monterrosa, Mayor Armando Azmitia, and 14 others who were charged and are now dead; on the municipality of Arambala and the seven sites where the massacre took place; and on the four military units being held responsible: the Atlacatl Battalion, the Third Infantry Brigade of San Miguel, the Fourth Military Detachment in San Francisco Gotera, and the High Command of the Armed Forces.
  • The letter emphasized the need to “move forward with this case in an expeditious manner” and asks Pompeo for a response “within the period of time set forth by the law.”

A journalist for elfaro, a Salvadoran online newspaper, apparently added, “Among the [U.S.] files declassified in 1993, for example, are several diplomatic cables between San Salvador and Washington from January 1981, which make clear that then-U.S. Ambassador Deane Hinton was consistently transmitting details about the operation that would ultimately result in the massacre. ‘[I]t is not possible to prove or disprove excesses of violence against the civilian population of El Mozote. It is certain that the guerrilla forces…did nothing to remove them from the path of battle… Civilians did die during Operation Rescate, but no evidence could be found to confirm that government forces systematically massacred civilians in the operation zone, nor that the number of civilians killed even remotely approached the number being cited in other reports circulating internationally,’ read an initial cable from Hinton, from January 1981.”

The elfaro journalist also said, “Later, in another communication, [Hinton] . . .  offered a different account of what may have taken place: ‘The estimated population of El Mozote during the massacre was about 300 inhabitants. The Atlacatl Battalion conducted Operation Rescate from December 6 to 17 of 1981. The guerrilla knew of the operation since November 15. The civilians present during the operation and the battles with the guerrilla may have been killed.’” Following Clinton’s declassifications, several agencies have continued providing documents in response to petitions from human rights organizations.

Additional support for U.S. production of such documents comes from an analyst for the U.S. National Security Archive, Kate Doyle, who believes the U.S. has additional relevant documents about the Salvadoran civil war that could and should be declassified.[7]

U.S. Government’s Response to the Judge’s Letter

To date, Secretary Pompeo has not responded to the court’s letter; nor have the three others copied on that letter. The subject came up again at a March 11th Salvadoran court hearing in the case when the judge said, ““This information could be very valuable to us. It could clarify what happened.” A State Department spokesman, however, said, “We do not comment on the Secretary’s correspondence.”

Conclusion

 Given the congressional demand that the U.S. cooperate with the Salvadoran investigation of the El Mozote massacre and the U.S. support of human rights by its recent publication of the  latest annual report about human rights in every country in the world and Secretary Pompeo’s proud creation of the Commission on Unalienable Rights, there is no excuse for any further delay in providing an affirmative response to the Salvadoran judge’s letter and the requested documents.

This conclusion is buttressed by the following words in the March 11, 2020, State Department’s report about human rights in El Salvador:[8]

  • “In February [2019], in a renewed effort to shield the perpetrators of war crimes and human rights abuses committed during the country’s 1980-92 civil war, a group of influential legislators proposed a draft national reconciliation law. Despite Constitutional Court rulings in 2016 and 2018 that expressly prohibited a broad and unconditional amnesty, the proposed bill would have granted amnesty to several high-level officials who enjoyed immunity from prosecution due to their positions in the recent administration of President Salvador Sanchez Ceren. Victims’ rights groups, other civil society actors, and the international community successfully campaigned against the proposed bill, and President-elect Bukele stated his strong opposition to an amnesty bill and expressed his support for additional consultation with victims. On May 29, [2019] the Inter-American Court of Human Rights ordered the government to immediately suspend consideration of the proposed law. The proposed bill eventually lost support among legislators and failed to reach a floor vote.” (Section 2.E)
  • “Despite a June 2018 Constitutional Court order directing it to release military records related to the El Mozote killings and serious civil war crimes, the Ministry of Defense had not produced the requested documentation as of November 12 [2019]. On November 1, President Bukele stated that he was committed to the truth and that he would release the records. Previously, the Ministry of Defense claimed the El Mozote archive records were destroyed in an accidental warehouse fire. Civil society and victims’ groups continued to press for release of these archives.” (Section 2.E)
  • “On April 23, [2019] the judge in the El Mozote prosecution issued an order adding three new charges against the 16 remaining defendants: Torture, forced disappearance, and forced displacement. He also imposed several provisional measures on the defendants, including a prohibition on leaving the country or contacting victims, and a requirement that the defendants physically appear in court biweekly. The defendants appealed these rulings, which were affirmed by an intermediate appellate court. On February 14, [2019] the Legislative Assembly approved a transitory law establishing mechanisms designed to allow family members to be added to the El Mozote victims’ registry.” (Section 2.E)

=================================

[1] See generally list of posts in the “El Mozote Massacre” section of List of Posts to dwkcommentaries—Topical: EL SALVADORThe massacre of children and others at El Mozote, El Salvador Perspectives (Dec. 10, 2017); Posts about El Mozote. El Salvador Perspectives.

[2] Zabiah, El Mozote judge asks the United States for confidential documents on the massacre, elfaro (Mar. 5, 2020) (Zabiah #1).

[3] Zabiah # 1, supra; H. Rep., 116th Congress, 1st Sess., Rep. 116-78, State, Foreign Operations, and Related Programs Appropriations Bill, 2020 (May 20, 2019); H. Rep., Appropriations Committee Releases Fiscal Year 2020 State and Foreign Operations Funding Bill (May 5, 2019); H. Rep. Comm. on Appropriations. Public Witness Hearing: State, Foreign Operations, and Related Programs (Mar. 12, 2019).

[4] Letter, State Dep’t to Senator Leahy (enclosing three-page report) (Feb. 5, 2020)(hyperlinked to Zabiah #1, supra).

[5] Zabiah #1, supra; Zabiah, General Bustillo breaks the officers’ script and admits that ‘rudeness’ occurred in El Mozote, elfaro (Jan. 26, 2020); Schwartz, What the El Mozote Massacre Can Teach Us About Trump’s War on the Press, The Intercept (Jan. 28, 2020); El Salvador general admits army carried out El Mozote massacre, Aljazeera (Jan. 25, 2020); Pierce, It’s a Bull Market for Bashing the Press. Under Conservative Governments, It Often Has Been, Esquire (Jan.27, 2020); Renteria, Salvadoran general admits army carried out infamous 1981 massacre, Reuters (Jan. 24, 2020).

[6] Zabiah #1 , supra.

[7] Alvarado, “The attorney general can ask the United States for information about El Mazote,” elfaro (Mar. 23, 2018).

[8] State Dep’t, 2019 Country Reports on Human Rights Practices: El Salvador (Mar. 11, 2020).

Spanish Court Upcoming Trial Over 1989 Murders of Salvadoran Jesuit Priests

On June 8, 2020, the Spanish National Court in Madrid will commence a trial over the November 16, 1989, murders in El Salvador of six Jesuit priests, their housekeeper and her daughter. The sole defendant will be Inocente Orlando Montano, who at the time was a Colonel and the Vice-Minister of Public Security in that country and who on November 19, 2017, was extradited from the U.S., where he had been living, to Spain to stand trial.[1]

On May 20, 2011, the Spanish court had issued the equivalent of an indictment of 20 Salvadoran military officers, including Montano, for this horrible crime and thereafter requested El Salvador to extradite 15 of them still living in that country to Spain to stand trial, but the Salvadoran courts refused to do so. (As of November 2017, one of the four others had died, two were cooperating with the prosecution and one had been tried, convicted and imprisoned for this crime in El Salvador.) [2]

The law, including universal jurisdiction, facts and circumstances leading up to this trial have been discussed in many previous posts. [3]

The prosecution will be lead by attorneys from The Guernica Centre for International Justice and Spanish co-counsel Oilé & Sesé Abogadas. According to the Centre,

  • “The trial for the murder of the Jesuits and the two women they employed is extremely significant. This trial has the potential to reopen the discussion in Spain about the necessity and importance of an effective universal jurisdiction law. It also supports the ongoing realization that countries like Spain need to ensure that victims of human rights violations can find redress when legal avenues have been foreclosed in other jurisdictions due to restrictive legislation, corrupt judiciaries, impunity, or political opposition. This trial also comes at a time when Salvadoran civil society is struggling to push forward investigations and prosecutions in El Salvador following the Supreme Court’s repeal of the Amnesty Law in 2016, while simultaneously political sectors in El Salvador threaten to enact legislation that once again could shield those most responsible from prosecution and criminal sanctions.”

======================================

[1] Bernabéu, Email: Trial Date Set for the Jesuits Massacre Case (Feb. 17, 2020); Former Salvadoran Military Officer Extradited from U.S. to Spain for Trial in Jesuits Murder Case, dwkcommentaries.com (December 1, 2017).

[2] Update on Status of Extradition of Defendants in Spain’s Criminal Case Regarding the 1989 Salvadoran Murders of the Jesuit Priests, dwkcommentareies.com (Aug. 22, 2016); Spain Ready to Proceed with Case Over the 1989 Killing of Jesuit Priests in El Salvador, dwkcommenaries.com (Nov. 19, 2017).

[3] See the posts listed in “The Jesuit Priests” section of List of Posts to dwkcommentaries—Topical:  EL SALVADOR.

Bernie Sanders’ Early 2014 Cuban Prison Meeting with U.S. Prisoner 

Presidential candidate Bernie Sanders’ recent comments about Cuba and Fidel Castro resulted in journalists’ rediscovery of a meeting Sanders and two other U.S. Senators (Heidi Heitkamp (Dem., ND) and Jon Tester (Dem., MT)) had in February 2014 with Alan Gross, a U.S. citizen then in a Cuban prison.[1]

Gross in 2009 had been arrested in Cuba for bringing communications equipment to Jewish synagogues on the island under a subcontract with the U.S. Agency for International Development (USAID). Gross then was tried and convicted for violating Cuban laws and sentenced to 15 years in prison, and in 2014 as a result of his poor health, the U.S. was seeking his release from the Cuban prison. On December 17, 2014, as part of the U.S.-Cuba agreement to  embark on normalization of relations, Gross was released from the Cuban prison in exchange for the U.S. release of three Cubans from U.S. prison.[2]

In a March 2020 interview by National Public Radio (NPR), Gross recalled the hour-long prison meeting in February 2014 with the three senators and his pleasant conversation with Heitkamp and Tester while Sanders was silent until the end. Then Sanders said he did not see what was wrong with Cuba.

At the time Gross had lost a lot of weight and teeth as a result of mistreatment, and he told NPR that he was offended by Sanders’ comment. “I just think, you know, it was a stupid thing for him to do. First, how could he not have seen the incredible deterioration of what was once the grandeur of the pre-Castro era. And two, how could he be so insensitive to make that remark to a political hostage — me!”

Gross added in the interview, this Sanders’ comment is “relevant now. The guy’s  running for president of the United States. And for him to make those statements [in 2014] demonstrating  a basic lack of a grasp on reality is problematic for me. I don’t want to see this guy in the White House.”

================================

[1] Mak, Former Prisoner Recalls Sanders Saying, ‘I Don’t Know What’s So Wrong with Cuba, NPR (Mar. 4, 2020); ’I don’t know what’s so bad about this country’: Bernie Sanders told a Alan Gross prisoner in Cuba, Diario de Cuba (Mar. 5, 2020); Edwards, Cuba: Sanders Meets with Imprisoned American, http://www.sanders.senate.gov (Feb. 11, 2014).

[2] Davis, Alan Gross Gains the Freedom From  Cuba He Thought Would Never Come, N.Y. Times (Dec. 17, 2014); The American Prisoner Alan Gross and Cuban-American Relations, N.Y. Times (Dec. 17, 2014). See also these posts of dwkcommentaries.com: U.S. and Cuba Embark on Reconciliation (Dec. 21, 2014); President Obama’s Strategic Timing of Announcement of U.S.-Cuba Reconciliation (Dec. 26, 2014); U.S. Imprisonment of “The Cuban Five” and Their Recent Releases from U.S. Prison (Dec. 31, 2014).