| Impunity a holdover from
war in El Salvador
Even though Ramon Garcia-Prieto tried to hand his killers a bag of money
he had just picked up from the bank, they weren't very interested. "I'm
going to kill you," one of them said. Then they shot the 32-year old architect
in front of his wife and small child as they stood outside the home of
friends in the exclusive Escalon neighborhood of San Salvador. The two
killers calmly walked to a waiting car and drove away.
The 1994 death of Garcia-Prieto, and the official coverup of his killing,
lend credence to Benjamin Cuellar's argument that "impunity is the only
thing that has been democratized in the country."
According to Cuellar, director of the Instituto de Derechos Humanos de
la Universidad Centroamericano (IDHUCA), Garcia-Prieto's killing was ordered
by a high military official who sent a hit team of agents from the Policia
Nacional Civil (PNC) to get revenge for a dispute over a piece of property
that the two families had fought over several years before.
Garcia-Prieto spent the war years safe in Miami. His family has lots of
money and significant political pull. "They're people with power but they
came up against people with even more power," says Cuellar. "And a powerful
person in this country can buy both the apparatus to kill as well as the
apparatus to cover up."
That's evidently what happened. The PNC and the judge charged with investigating
the crime didn't begin an investigation of the murder until 19 days later,
and then only under pressure from the Fiscalia General de la Republica.
And some of the same police who investigated the case, according to Cuellar,
showed up early--dressed as civilians but displaying military credentials--to
threaten witnesses not to reveal anything.
Despite repeated threats, Garcia-Prieto's family has not let the murder
be forgotten. Although the police arrested and jailed one of the men believed
to be responsible, a sergeant serving in the military High Command, they
believe there's more to the killing than what the police have tried to
characterize as a botched robbery.
The government's Procuradora para la Defensa de los Derechos Humanos, Victoria
Marina Velasquez, conducted her own investigation of the case and concluded
that Garcia-Prieto's killing was the work of "Irregular Armed Groups, whose
behavior is known and tolerated by the government." Velasquez also lambasted
the judicial's system's mismanagement of the investigation. She said the
killing and events that followed illustrated a crime "whose characteristics,
according to the historical pattern in our country, are designed precisely
to hide the intellectual authors and create situations of impunity."
Velasquez has also criticized the PNC's behavior in the January 1996 deathof
William Antonio Gaitan, a 16-year old who didn't know the car was stolen
when some friends invited him to go for a ride in San Salvador. When the
driver refused to stop at a police checkpoint and a PNC patrol car gave
chase, Gaitan yelled at the driver to stop. He even tried to pull on the
emergency brake. Yet the driver didn't stop, and the police chasing them
opened fire. After five minutes of hot pursuit, a tire blew and the car
was forced to a stop. The other three occupants ran off, leaving Gaitan,
already wounded by police gunfire, slumped in the back seat. When the police
arrived, one agent and the patrol car driver approached Gaitan. The driver
reloaded his weapon and fired two shots from a short distance, finishing
off Gaitan.
In the aftermath of the killing, the police manufactured a string of lies
to justify their behavior, including doctoring lab reports to make it appear
Gaitan had fired a gun. Cuellar says the case illustrates a police action
that "began as a legitimate act but ended as an arbitrary action, a summary
execution."
The state's handling of the two cases is similar, and not unlike other
cases the IDHUCA has investigated. "In all the cases the police call the
family liars, crazy, desperate. But it's the authorities who have lied,
who have covered up, who have not done their duty."
Cuellar's criticism of the PNC hasn't won him friends in high places. In
October 1995 he was tied up while two men searched IDHUCA files and computers.
One of the two was later captured and detained briefly. He's now free on
bail, defended by a lawyer who defended members of the Atlacatl Battalion
who assassinated six Jesuits in 1989.
The PNC was created by the 1992 peace accords as a replacement for several
security forces that had been used to repress civilians during the civil
war. Yet according to Mirna Perla, a children's judge in Santa Tecla, some
of today's police-related violence and resembles what happened in the eighties.
"The same modus operandi is being used today as was used before," says
Perla, whose husband Herbert Anaya, a well-known human rights activist,
was assassinated in 1987. "We're experiencing the same kind of killings,
with the same level of impunity. . . These people were trained to torture
and kill, and they're still there, intact. Many of them from the Policia
de Hacienda, the Policia Nacional, the GS-2 are now in the PNC. They know
how to act in a clandestine manner, and even if they don't have institutional
approval, they know how to do what they do."
According to Cuellar, "They created a monster during the war that wasn't
killed with the peace accords and now can't be stopped. The death squads
were converted, they lost their financing from Miami and had to look for
new sources of money. They grew accustomed to a style of life they don't
want to give up. . . With the peace accords, the monster grew a thousand
new heads, it diversified. Now these groups kidnap, contracted by people
from the past as well as by private companies. The free market functions
well for them."
- From San Salvador, Paul Jeffrey
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