Victory in El Salvador - Suchitoto 13 freed!

Suchitoto 13 and the Citizens not Terrorists Campaign Achieve Major Victory!

Yesterday afternoon we received the following bulletin from US - El Salvador Sister Cities. This is a stunning blow to the ARENA government's strategy of using the "war against terror" as a pretext for repression, and a momentous victory for human rights and political freedom in El Salvador. It is a testament to the strength and resolution of the Salvadoran popular movement, and to the effectiveness of North American solidarity when we work in partnership with our Salvadoran sisters and brothers. Thank you to all of you who played a role - by making phone calls, sending letters, faxes and E-mails, contributing money, and in many other ways.

Jon Falk
PICA Director

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Friends,

The Suchitoto 13 and the Citizens Not Terrorists campaign achieved a major victory today!

This is a preliminary report, and we will be working to put out a more in-depth and detailed update in the coming hours that should orient our ongoing work. But here is the fresh info:

This February 19th at an initial hearing scheduled in Suchitoto under the new accusations of "Public Disorder" and "Aggravated Damages," the judge dropped all charges and set the 14 defendants free!

According to preliminary reports, the Attorney General's office neglected to present official accusations and sufficient evidence, and district attorneys were not present at the hearing on time. The Judge then decided to waive the charges, and decree "definitive liberty" for the defendants.

This hearing was scheduled after Special (terrorism) Tribunal Judge Ana Lucila Fuentes de Paz recused herself of February 11th and declared the Special Tribunal incompetent to hear the case, as the building was surrounded by hundreds of community members who had marched from the city of Suchitoto over the previous 3 days. (There is more information, photos and video of the march here.) Judge Fuentes de Paz's resolution sent the case back to the conventional court system in Suchitoto, and the local Judge scheduled the initial hearing.

US - El Salvador Sister Cities member, Meredith DeFrancesco, was inside the courthouse this morning as an accredited journalist. She describes the scene at the courthouse:

"The building was surrounded with people from the communities holding candles and photos of the 14 defendants. There was a dark and tense moment inside the courthouse as the Judge called each one of the defendants by name, and they each stood awaiting the resolution. When the Judge said that all charges were being dropped, the tense moment collapsed and the whole room spontaneously erupted. Another large group of people from organizations and rural communities was gathered in the park in Suchitoto, celebrating the verdict."

This is a major victory for the Suchitoto 13, for the CRIPDES communities and national organization, for the Salvadoran social movement, and international solidarity. Rosa Valle, Vice-President of CRIPDES told us that:

"This is proof that our organizing work gets results and has great power. The Government responded to our organizing with repression, and now they must recognize their mistake, as they see communities and leaders around the world uniting their voices with the strength of the Salvadoran people to call for justice, dignity, and our own human rights."

Thank you for all your work and continued attention, support, and action that has been so important over the last 7 months. Please stay tuned for a more in-depth report in the coming hours that will orient our continuing work and strategy to stand with our brothers and sisters in El Salvador to defend human rights!

For more info, check out:

• US-El Salvador Sister Cities Web site
  
• WERU Community Radio Web site (with photos and interviews)
  

Suchitoto 13 Update: Prosecution Reduces Charges, Continues to Allege Criminality; New Challenges Lie Ahead

Suchitoto 13 Update:
Monday, February 11th

Prosecution Reduces Charges, Continues to Allege Criminality; New Challenges Lie Ahead

Introduction:

The case of the Suchitoto 13 has reached a critical turning point, as a formal and definitive accusations were submitted by the Attorney General's office on February 8th, 2008, more than 7 months after the initial arrest and detention. The document submitted to Special Tribunal Judge Ana Lucila Fuentes de Paz deviates from original accusations, and changes the classification of the crime, presenting charges of "Creating a Public Disorder," as well as "Aggravated Damages." This is a reduction in scope and severity of the charges presented against the Suchitoto 13, but remains a blatant criminalization of the constitutionally guaranteed rights to free expression and association.

Legal Update:

The accusatory document presented by the Attorney General's office details an "official" narration of the events of July 2nd, 2007, as well as testimony and evidence which very closely reflects the original document submitted some 7 months ago. The prosecution maintains that a group of protesters blocked off the road and then responded violently to police. The official narration of the events differs drastically from scores of eyewitness reports, as well as a news reports and video, presented as evidence by the Attorney General's office, (you can see a clip here). The prosecution also presents testimony of several witnesses, both from public officials that manifest that they could not get to the official government event being held in Suchitoto, as well as from members of the Riot Police (UMO) and the police officers that arrested the Suchitoto 13.

The document presented by the Attorney General's office goes on to conclude that the actions of the defendants of July 2nd, 2007 correspond to the crime of "Public Disorder", as expressed in Article 348 of the Salvadoran Penal Code, and not "Acts of Terrorism", as they were originally qualified. Article 348 reads: "Those who, acting in a group and to the end of attacking the peace and public order, block public ways or access routes or invade installations and buildings, will be punished with two to four years in prison."

The document also cites $1,850 worth of damages to state property, including one bullhorn, a gas mask, a riot-police shield and helmet, and damage to 2 state-owned vehicles. Alleging that these objects were damaged "by protesters with rocks, sticks and closed fists," the prosecution also accuses the Suchitoto 13 of the crime of "Aggravated Damages."

Legal Analysis:

A few important legal elements and observations from lawyers and experts close to the case that can help to interpret the latest developments:

The change in the classification of the crime from "Acts of Terrorism" to "Public Disorder" should render the Special Tribunal, and specifically Judge Ana Lucila Fuentes de Paz, incompetent to continue ruling on the case. If the judge were to declare incompetence, either in an official resolution due this week, or at a later preliminary hearing when the defense team gets the chance to present its own evidence and testimony, then the case would be sent back to the conventional court system, in this case in Suchitoto.

The latest document submitted by the Attorney General's office is very similar to the original document, save the changes in the classification of the crime. It seems clear that over the last 7 months, (including the 4 month extension requested by the Attorney General's office), the prosecution has been unable to build a case. There are no new elements of proof submitted, and no stated reasoning even behind why the accusations were changed.

The Suchitoto 13 are charged under the existing Penal Code on July 2nd, 2007. This means that they cannot be charged under the reforms that raised the jail time for "Public Disorder" to 4-8 years. Rather, they face a 2-4 year sentence if convicted.

Reactions:
The Suchitoto 13 Legal Defense team declared that they were "deeply disappointed by the accusations submitted by the Attorney General's office." A spokesperson from the team commented that "There is a grave danger in classifying the legally guaranteed exercise of free expression and protest as a crime. The justice system apparatus clearly made a mistake with the initial arrest and detention of 14 people on July 2nd who had committed no crime. We would have hoped that the Attorney General's office would recognize the error and drop the charges. But on the contrary, the current accusations endanger not just the freedom of the people arrested in Suchitoto, but also the constitutional rights of the Salvadoran people to freely gather and express their opinions."

The Committee of Family Members of Political Prisoners in El Salvador, in a recent press release stated that: "The Attorney General wants it to appear as if the [new accusations] are in accordance with the law, hiding his intentions to continue the violations of human, social and civil rights... Our family members have committed no crimes and they should never have been arrested, much less tried, tortured, jailed and violated in their most fundamental rights. The Attorney General, if he really wants to rectify the situation and show respect for law, should solicit immediate and definitive freedom for our family members."

STAY TUNED at www.elsalvadorsolidarity.org

Suchitoto 13 Update: Time Expires for the Prosecution

Social Organizations Increase the Pressure as Time Expires for the Prosecution

(Bulletin from U.S. - El Salvador Sister Cities)

The case of the "Suchitoto 13" is at a boiling point as both sides prepare for the upcoming preliminary hearing to present evidence and testimony. An extension solicited by the Attorney General's office and granted by Special Tribunal Judge Ana Lucila Fuentes de Paz, expires on Friday, February 8th. This will be the final day that the prosecution has to present its evidence, witnesses, and final accusations. Following that date, the defense team will have 5 days to respond with its own evidence, information, and witnesses.

This preliminary hearing represents a key moment in the case. Since their release from prison in late July, 2007 under conditional liberty, the Suchitoto 13 have remained in a state of uncertainty. The legal requirements for their conditional liberty are restrictive, but it has been the stress of not knowing what to expect, while still facing up to 60 years in jail, that is weighing on the group the most. This preliminary hearing will be a glimpse at the strategy that the Salvadoran Government has decided to take, and the results will dictate how the case proceeds.

After the prosecution's presentation and the subsequent response of the defense team, Judge Fuentes de Paz must decide that either:

1. There is not sufficient evidence for a criminal case. The Special Tribunal then decrees that all charges are dropped.
2. There is not enough evidence for charges of Acts of Terrorism. The Special Tribunal declares itself incompetent to hear the case and passes it on to the regional court system for Cuscatlán under lesser charges.
3. There is sufficient evidence presented by the prosecution to proceed on to trial. Judge Fuentes de Paz schedules the trial date within 20-60 work days.
   

The legal and social response teams for the Suchitoto 13 are preparing for each of those possibilities, and have ramped up their activities leading up to the hearing. Lorena Martinez, CRIPDES President and member of the Suchitoto 13 said that "We have to be proactive and win this case before a trial ever begins. We know that there is no evidence to maintain terrorism charges, and logic suggests that we should be freed. But there was no logic to our initial capture and jail time either, so we know that we must keep our eyes focused on our common goals of justice, and work for it, too." The Suchitoto 13 legal and social teams have been doing just that in recent weeks.

CRIPDES and CORDES put pressure on the Attorney General

On Tuesday, February 5th a group of community leaders from Suchitoto, as well as CRIPDES and CORDES national leaders travelled to the District Attorney's office in Cojutepeque, in charge of the Cuscatlán Province that includes Suchitoto. There, observed by several journalists and members of the Salvadoran press, they presented a letter to Oscar Castro, the District Attorney, also directed to Felix Garrid Safie, the Attorney General, outlining the irregularities in the arrests of the Suchitoto 13. The letter correctly states that "...the extension granted [to the prosecution] expires on February 8th, and [the prosecution] has not made any movement during this time. It is clear there is no incriminating evidence.... We demand that the Attorney General of the Republic and the Judge Ana Lucila Fuentes de Paz respect the Rule of Law, stop risking the incipient process of democracy in the country and drop all charges."

Human Rights Investigation Delegation returns home

The Human Rights Investigation delegation that Sister Cities coordinated on the ground in El Salvador returned to the United States on January 27. Ten people from the United States, representing a wide range of ages, backgrounds, and sectors, but each with a strong history and commitment to the communities of CRIPDES and the struggle for social justice in El Salvador, formed the Human Rights Investigation delegation. The following are words directly from the delegates:

"We set out to meet with government officials to call their attention to the international human rights concerns around the case of the Suchitoto 13. We held meetings with Dr. Augustín García Calderón, President of the Supreme Court of Justice; Eduardo Calix, Vice-Minister of Foreign Relations, sent as a delegate of President Saca; Oscar Luna, the Human Rights Ombudsperson of El Salvador; and John Speaks, the secretary in charge of human rights issues in the United States Embassy.

"In each of these meetings, we presented the government representatives with our concerns about human rights violations and informed them that we were in coordination with our Congressional representatives in the US. At the same time we reminded them that 42 US Congresspeople signed letters of concern to President Saca about the case in July, and that this same Congress is responsible for allocating Millennium Challenge Account funds to El Salvador, which are dependent on standards of respect for political rights and ---, among others. We also asked the officials their perspectives on the case and more specific questions depending on their role in government.

"The conclusions that we drew after holding these meetings are available in our delegation report on the Sister Cities website."

"The most powerful and important meetings that the delegation had were with the Suchitoto 13 themselves and with community members from Suchitoto who were witness to and victims of the police repression and military presence on July 2. Meeting with these people and having the opportunity to accompany them as they struggle against this injustice served to inspire and strengthen us in our shared resolve that this case needs to come to a swift and just resolution, and the rights for political expression and assembly that are guaranteed in the Constitution and reasserted by the Peace Accords must be respected."

The delegation received quite a bit of coverage in the Salvadoran media, both throughout the week and following the January 25 press conference that the delegation held to share their conclusions publicly. The media coverage included an hour-and-a-half interview on the national radio station YSUCA, coverage on television Channel 21 and Channel 33, and three full-length articles, including two front page articles, in the Diario Colatino newspaper. The coverage on television Channel 21 included interviews with the Vice-President of El Salvador and the Minister of Foreign Relations of El Salvador, publicly asking their perspectives on the conclusions of the delegation.

Since returning to the United States, the delegation has been in contact with a number of Congresspeople and Senators, including the 42 Congresspeople who sent letters of concern about the case to Salvadoran President Saca last July.

Rural communities and social movement organizations to march from Suchitoto

The communities of CRIPDES, together with other social organizations including CORDES, PROVIDA, and the MPR-12, among others, will be walking from the Central Park in Suchitoto to the Special Tribunal building in San Salvador, with over 1,200 people participating in the three-day walk. The walk has been named the Perigrinacion Nacional por la Verdad, la Justicia y la Libertad Total de los Luchadores y Luchadoras Sociales: the National Pilgrimage for Truth, Justice, and the Total Liberty of the Social Organizers (the Suchitoto 13). Sister Cities will be posting live updates at www.elsalvadorsolidarity.org throughout the three days of the walk.

As the case proceeds in court the coming week

As the case proceeds in court in the coming week, the eyes of the international community are focused on the important precedent the Salvadoran government and judiciary is about to set, and our hearts are with the dozens of communities and hundreds of people marching for justice and the freedom of the political prisoners. Sister Cities will be posting news as soon as it is available, including information about what actions of support we can take. Something we have seen and heard again and again in the past months is about the importance of social organizing and international solidarity in the case of the anti-terrorist law, because it is a case that is not just in the courts, but rather is political, and will depend on political and social action to resolve with justice.