By Brittney Hodnik
Impunity Watch Reporter, North America
SAN SALVADOR, El Salvador – El Salvador’s Supreme Court has refused to arrest nine men who voluntarily admitted to killing six Jesuit priests in 1989. The Court said that without a formal extradition request from Spain, the men would not be arrested, according to the Associated Press. Judge Eloy Velasco indicted 20 former soldiers to be tried in Spain under “universal jurisdiction,” reserved for those crimes that are so grave they can be tried anywhere.
El Salvador underwent a civil war from 1980-1992 between guerillas and U.S.-backed Salvadoran soldiers. On November 16, 1989, Salvadoran soldiers shot six priests, their housekeeper, and the housekeeper’s 15-year-old daughter. Over 70,000 deaths and 8,000 disappearances are a result of El Salvador’s civil war.
The right-wing sector and military in El Salvador considered the priests allies to the guerillas because of their criticism of human rights abuses throughout the country. However, 12,000 documents given to Judge Velasco show that the crime was premeditated, reported Latin America Press.
In May, Spain issued arrest warrants for the men through Interpol under the authority of universal jurisdiction. This principle allows crimes that are so egregious to be prosecuted in countries other than where the crime took place. In this case, Judge Velasco wants to prosecute the men in Madrid, Spain, rather than El Salvador. Five of the priests were Spanish, and one was Salvadoran.
According to Latin America Press, in 1991, four officials and five soldiers went on trial for the crime. Two of them were found guilty but were released shortly thereafter under the 1993 Amnesty Law. The Supreme Court has previously denied the re-opening of this case, stating that the statute of limitations has already passed.
Another man involved in the killings is former Salvadoran military officer, Inocente Orlando Montano who had been living in Massachusetts. As reported by The New York Times, Montano appeared in United States District Court in Boston on August 23 for immigration violations. Upon his arrest, Spain can now seek extradition to Madrid.
A handful of conservative sector personnel have applauded El Salvador’s Supreme Court for refusing the extradition and protecting these men. Many however, feel outraged and want to see these men brought to justice. Ima Guirola from the Women’s Studies Institute told Latin America Press, “The ruling shows that impunity is institutionalized in the country.” Furthermore, Ramon Villalta of the Social Initiative for Democracy told Latin America Press, “I believe that impunity has been a characteristic of El Salvador for years.”
The men who turned themselves in did so because they knew the Salvadoran government would protect them, according to Latin America Press. The fight will continue between El Salvador and Spain as to whether the men will be extradited or not.
For more information, please visit:
Latin America Press — Impunity Rules in Jesuits’ Murder Case — 1 Sept. 2011
BBC News — Spain Pushes El Salvador Jesuit Murders Case — 25 Aug. 2011
The Associated Press — Spain Seeks El Salvador Clarification on Suspects — 25 Aug. 2011
The New York Times — Salvadoran Tied to Killings Faces Immigration Charge — 23 Aug. 2011
