El Salvador’s Archbishop Closes Preeminent Human Rights Investigation
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by Hilary Goodfriend   Tuesday, 01 October 2013 21:51

Source: CISPES <http://www.cispes.org/>

On Monday, September 30, the Archbishop of San Salvador José Luis Escobar
Alias shuttered the offices of the Archdiocese’s *Tutela Legal*, the
historic defender of human rights that has served as a platform for the
investigation and denouncement of brutal acts of state violence during the
nation’s civil war and beyond.

Employees of the pioneering institution arrived for work Monday to find the
institution closed; they were informed of their dismissal, given severance
pay and released. According to the fired workers, the Archbishop claimed
that the institution was no longer needed.

With the Archbishop refusing to justify his actions, fears are growing that
the unannounced measure is as a response to the Supreme Court’s recent
decision on September 20 to hear a case challenging El Salvador’s
controversial 1993 Amnesty Law. Alejandro Lenin Díaz Gómez, a former *Tutela
Legal *employee, told reporters that he “did not discount that fact that
the action could be tied to the recent Supreme Court decision to accept a
suit against the Amnesty Law,” as a means to avoid surrendering the
office’s vast archives of war crimes documentation and evidence.

The case, brought by the leaders of the Jesuit Central American
University’s Human Rights Institute (IDHUCA), the progressive legal
organization FESPAD (Foundation for the Study of the Application of the
Law), and the feminist organization Cemujer, charges that the law conflicts
with the country’s constitutional mandate to uphold international treaties,
such as the American Human Rights Convention, over domestic law. (Read more
here<http://www.cispes.org/blog/surprise-move-court-accepts-suit-amnesty-law/>
)

On Tuesday, National Human Rights Ombudsman David
Morales<http://www.cispes.org/blog/progressive-human-rights-lawyer-chosen-as-new-human-rights-ombudsman/>
called
on the Archbishop to “preserve the historic archive of Tutela Legal [and]
preserve the accompaniment that it is giving to victims.” El Salvador’s
president Mauricio Funes also expressed concern, stating, “I am troubled by
the message that the Catholic Church is sending.” He noted Tutela Legal’s
vital work taking on “many crimes that the state, in those days, did not
dare investigate.”

For over 30 years, *Tutela Legal* has gathered evidence for over 50,000
human rights violations and served a key role in gathering testimony from
Rufina Amaya, survivor of the notorious 1981 El Mozote
massacre<http://www.cispes.org/blog/salvadoran-military-war-criminals-face-prosecution-last/>
.
Tuesday, October 01, 2013
Historic human rights office
closed<http://luterano.blogspot.com/2013/10/historic-human-rights-office-closed.html>

Tutela Legal, the heroic legal and human rights office of the Archdiocese
of San Salvador was abruptly closed by the archbishop on September 30 with
no advance warning to its employees or anyone else.

Tutela Legal was founded by slain archbishop Oscar Romero in the late 1970s
to document the death squad murders and other human rights abuses in the
country.  As described
here<http://luterano.blogspot.com/2007/03/founding-director-of-tutela-legal-dies.html>,
its work was incredibly important during those years:

Tutela Legal was organized during 1978 as part of the efforts by the
archbishop of San Salvador, Oscar Romero, and his successor, Arturo Rivera
y Damas, to create commissions and organizations to defend human rights.
Hernandez said that in the late 1970s and 1980s, human rights activists in
El Salvador knew they needed to have strong, scientific evidence as the
basis to denounce abuses. At the time, gathering this kind of information
was particularly dangerous because many people who worked for these groups,
reported violations, or tried to take legal action were either threatened,
assaulted, or murdered by death squads.

Tutela Legal went to sites of supposed human rights violations and
collected evidence as well as relied on testimony from survivors. Hernandez
pointed out that since El Salvador was a signatory to the Geneva
Conventions (international agreements that outlawed torture and established
human rights precedents), Tutela Legal had a framework of standards and law
for carrying out its investigations.

Another important innovation described by Hernandez was Tutela Legal's
monitoring of El Salvador's main guerilla force, the FMLN. Hernandez said
that Romero and Rivera y Damas urged human rights groups to also focus on
the guerillas, not just on the army.

Since the end of the civil war, Tutela Legal has continued to advocate on
behalf of victims of human rights abuses, including advocating for a repeal
of the 1993 amnesty law and acting as an advocate for the victims of the El
Mozote massacre before the InterAmerican Court for Human Rights.

According to a report in El
Faro<http://www.elfaro.net/es/201309/noticias/13493/>,
the staff of Tutela Legal arrived for work on Monday morning and found
private security guards and the doors shut.   Employees were informed that
the decision had been made to close the human rights office because it no
longer had a reason to exist.   One by one they were given a chance to
gather their things and then leave.   No one saw their sudden firings
coming.  They were told the decision to close the office was irreversible.

President Funes expressed
concern<http://es-us.noticias.yahoo.com/el-salvador-critican-cierre-oficina-defensa-ddhh-175233615.html>
over
the closing, saying he did not know the reason for the closure, but that it
made it appear that the Catholic church was no longer accompanying the
people in their search for justice.

In a statement about the
closing<http://www.wola.org/news/legal_aid_office_of_the_archdiocese_of_san_salvador_closes_risking_thousands_of_records_on_huma>,
the Washington Office on Latin America (WOLA) wrote:

WOLA staff worked closely with Tutela in those difficult years, and we have
deep respect for the institution and its work. We are surprised by the
abrupt decision by the Archdiocese of San Salvador to close the
institution; the doors were shut and the staff dismissed without warning on
September 30.

Tutela maintained an extensive archive of the testimonies it received and
the evidence it gathered about human rights abuses both during and after
the civil war. These archives include information critical to both human
rights researchers and criminal investigators examining some of the
still-unresolved human rights cases of the recent past. WOLA hopes and
expects that the Archdiocese will carefully protect these archives and make
them available to researchers and investigators, in keeping with the
Church's long tradition of defending human rights and human dignity and the
proud history of Tutela Legal.

 In a country where impunity for crimes past and present continues to be an
enormous burden on the populace, it is a very sad event to see the
silencing of this tireless force for human rights.

Diario CoLatino has posted photos on
Facebook<https://www.facebook.com/media/set/?set=a.582558948458473&type=3&l=b32129ec8c>
of
a protest outside the offices of the archdiocese complaining of the closure
of Tutela Legal.

[image: Bookmark and Share]

Posted by Tim at 5:04
PM<http://luterano.blogspot.com/2013/10/historic-human-rights-office-closed.html>
 -- traducir a español --
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Labels: Catholic
church<http://luterano.blogspot.com/search/label/Catholic%20church>
, Human Rights <http://luterano.blogspot.com/search/label/Human%20Rights>,
Impunity <http://luterano.blogspot.com/search/label/Impunity>

2 comments:
<http://www.blogger.com/profile/12218241509116468792>
Tom <http://www.blogger.com/profile/12218241509116468792> said...

This is incredibly sad. I can't help but feel it isn't a coincidence as it
so closely follows the ruling of the supreme court on impunity. The
Archbishop has spoken out against removing the impunity laws. I do hope the
files are safeguarded and given to other human rights workers. Perhaps the
Instituto de Derechos Humanos at the Universidad Centroamericana (IDHUCA)
can take control.
6:10 
PM<http://luterano.blogspot.com/2013/10/historic-human-rights-office-closed.html?showComment=1380669003485#c2759452490019077759>
<http://www.blogger.com/profile/16580093848691478319>
Carlos X <http://www.blogger.com/profile/16580093848691478319> said...

To flesh out Tom's point a little bit, the Supreme Court recently accepted
a challenge to the 1993 Amnesty Law that bars prosecutions of human rights
cases, including notorious massacres like El Mozote and other infamous war
crimes like the assassination of Archbishop Romero. Tutela Legal was the
primary driving force for many of those cases. The suspicion among some is
whether by shutting down Tutela, the Archbishop has killed the prospect
that those matters would be investigated because Tutela represented the
victims in some of the cases and has all the files. Some are suggesting
that the Archbishop is doing the bidding of some dark, unseen forces who
wish to deny justice to the victims at all costs. Giving the Archbishop the
benefit of the doubt, his timing and communication here, as with the
destruction of the Llort mural in 2011, makes it difficult to understand
his reasoning.

http://luterano.blogspot.com/2013/10/historic-human-rights-office-closed.html

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