IV. CASES AND PATTERNS OF VIOLENCE (cont.)

E. VIOLENCE AGAINST OPPONENTS BY THE FRENTE FARABUNDO MARTI PARA LA LIBERACION NACIONAL

This section deals with the use of violence by FMLN against real or alleged opponents in violation of the rules of international humanitarian law and international human rights law. It covers the use of violence against non-combatants and also the execution of alleged criminals without due process.

The section begins with a representative case, the execution of mayors in conflict zones. Then, after an explanation of the pattern observed in this type of violence, an account follows of some of the cases attributed to FMLN which had a major impact on Salvadorian society. In some cases, it has not been possible to prove who planned the attacks, in others it is impossible to determine, or to determine with certainty, who carried them out.

Lastly, this section includes a case which, in the Commission's view, is an isolated incident which does not conform to any pattern of unlawful use of violence. The section concludes with the Commission's findings.

1. ILLUSTRATIVE CASE: SUMMARY EXECUTION OF MAYORS ⁴⁶⁹

SUMMARY OF THE CASE

Between 1985 and 1988, a large number of mayors of towns situated in conflict zones were executed, without any kind of a trial, by the Ejército Revolucionario del Pueblo (ERP), one of the organizations in FMLN. These executions were carried out pursuant to a policy which FMLN has openly acknowledged.

The present report describes 11 executions, but there were more than that.

The Commission finds the following:

DESCRIPTION OF THE FACTS

Execution of José Alberto López, mayor of Guatajiagua

Mr. José Alberto López was elected mayor of the town of Guatajiagua, Department of Morazán, in March 1988. According to an FMLN source after his election, López received a letter from FMLN warning him to resign and stating that it was FMLN policy to execute any mayor in the area. López replied that he would not resign.

The mayor was summoned three times by FMLN to go to the guerrilla camp in San Bartolo canton, but López never went. Out of fear, he did not stay in Guatajiagua, but usually worked in San Francisco Gotera. In any case, the mayor's office in Guatajiagua had been destroyed by the guerrillas.

On Saturday, 25 October 1988, López was at home with his wife, Leticia Canales, and their four minor children. The house was in the El Calvario district of the town of Guatajiagua. An FMLN combatant whom López knew came to the house that morning and told the mayor that his commander wanted to speak to him. Fearing what would happen if he refused a fourth time, López agreed to go. Leticia, his wife, decided to go with him and the three left for San Bartolo canton on foot.

When they reached the Gualavo river, a man in uniform carrying a rifle was waiting for them. The combatant who had brought them told the man in uniform that he had the mayor with him and handed him over. The man in uniform told the mayor's wife that she could not cross the river or go to the guerrilla camp. He told her to go home, saying that her husband would be sent back that afternoon.

On arriving at the camp, the mayor was taken to the commander, who went by the name of "Amadeo". There is sufficient proof that, after speaking to the mayor, "Amadeo" ordered his execution.

That same night, Radio Venceremos announced that FMLN had summarily executed the mayor of Guatajiagua, José Alberto López.
Execution of Francisco Israel Díaz Vásquez, mayor of Lolotique

On 2 May 1985, Francisco Israel Díaz Vásquez took office as mayor, after being elected by popular vote. There is full evidence that on 2 June that year, he was abducted by FMLN and kept hostage until 24 October, when he was released along with other mayors who had also been abducted by FMLN. He was released following negotiations in Panama between FMLN and the Government.

On 2 June 1986, Díaz resumed office as mayor. In December of that year, he received death threats from the guerrillas and resigned. However, the guerrillas believed that he was still working for the Government.

On 5 December 1988, an unknown man went to Francisco Israel Díaz's home and handed his wife a note ordering him to go the next day to the place known as "la Entrada de Tempisque", near Santa Bárbara.

Díaz left on the morning of 6 December with a neighbour. They passed the place known as "la Entrada de Tempisque" and continued on to Santa Bárbara canton, arriving around noon. Three uniformed combatants with rifles suddenly appeared and arrested Mr. Díaz. Five minutes later one of them returned and told Mr. Díaz's companion to go home because they were going to hold the mayor for several days.

The next afternoon, 7 December, two unknown men went to Lolotique church and reported that Díaz was dead and handed over his wallet containing his identity papers.

That same night, several relatives and friends of Díaz went looking for his body. When they found it, they saw that "he had been shot once, behind the ear, and that the bullet, in exiting, had shot out one eye and his teeth. On one calf there was a piece of paper saying 'summarily executed by FMLN' and, on the other, a piece of paper saying 'as a traitor'."

In October 1992, FMLN informed the Commission officially that ERP, pursuant to a policy approved by FMLN, had executed mayor Díaz.

Executions of other mayors

In its communication dated 18 October 1992, replying to a request for information from the Commission on the Truth, FMLN said that ERP, pursuant to a policy approved by FMLN, had also executed the following mayors:

The communication contained the text of two FMLN communiqués, dated 22 August and 26 November 1988, announcing the execution of Napoleón Villafuerte and Dolores [Molina] respectively.

Furthermore, there is sufficient evidence that on 11 May 1988, Mr. Terencio Rodríguez, mayor of Perquín, Department of Morazán, was executed without trial.

Applicable law

In considering the facts in the light of international humanitarian law and international human rights law, the Commission examined the arguments put forward by FMLN to justify its policy of executing mayors.

FMLN justified these executions on the grounds that "mayors and mayors' offices had come to engage in what were clearly counter-insurgency activities. The mayors, in close coordination with the commanders of the garrisons of the various towns, had embarked on the task of creating paramilitary forces (civil defence units) and direct repressive activity against the civilian population and had developed spy networks to detect FMLN members and supporters, or simply people opposed to the regime among the population and to obtain information about members of popular organizations and their plans; this information was then passed on to the army." It also stated that the mayors' activities affected supply lines.

FMLN went on to say that "when mass arrests of villagers, murders, repression by civil defence forces and operations by the armed forces of El Salvador based on information supplied by the mayors' spy networks began to occur, the mayors joined the ranks of those whom FMLN, since 1980, had considered military targets whose summary execution was hence legitimate: spies, paramilitary personnel, those who collaborated with the death squads and anyone whose actions triggered repression or murder of the civilian population".

The Commission does not accept these arguments. If by calling the mayors "military targets", FMLN is trying to say that they were combatants, it must be pointed out that there is nothing to support the claim that the executed mayors were combatants according to the provisions of humanitarian law.

However, whether the executed mayors might or might not at some point have been considered "military targets" is irrelevant, since there is no evidence that any of them lost their lives as a result of any combat operation by FMLN. The execution of an individual, whether a combatant or a non-combatant, who is in the power of a guerrilla force and who does not put up any resistance is not a combat operation.

There is nothing in international humanitarian law or international human rights law to prohibit belligerents from punishing, in areas under their control, individuals who commit acts that, according to the applicable laws, are criminal in nature. In the aforesaid document, FMLN says that it considered the summary execution of "spies, paramilitary personnel, those who collaborated with the death squads and anyone whose actions triggered repression or murder of the civilian population" a legitimate action. ⁴⁷⁰

The Commission recalls that, when punishing persons accused of crimes, it is necessary to observe the basic elements of due process. International humanitarian law does not in any way exempt the parties to a conflict from that obligation, and international human rights law does not exempt the party which has effective control of a territory from that obligation with respect to persons within its jurisdiction. On the contrary, those two sources of law expressly prohibit the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted independent and impartial tribunal attaching all the judicial guarantees generally recognized as indispensable.

In none of the cases mentioned above is there any evidence that a proper trial was held prior to the execution. Nor is there any evidence that any of the individuals died in a combat operation or that they resisted their executioners.

FINDINGS

The Commission finds the following:

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Posted by USIP Library on: January 26, 2001
Source: UN Security Council, Annex, From Madness to Hope: the 12-year war in El Salvador: Report of the Commission on the Truth for El Salvador, S/25500, 1993, 148-153.