A court established the preliminary hearing of the criminal process against 11 people involved in the massacre of six Jesuit priests and two of their collaborators, with the absence of several defendants.
A court of investigation of El Salvador This Wednesday (11/13/2024) he refused to archive the criminal proceedings against the former president Alfredo Cristiani (1989-1994) and three more people because they were charges against humanity, in the criminal case for the massacre of six Jesuitsfive of them Spanish, and two women in 1989.
The judge in the case – whose name is reserved for security – rejected, during the preliminary hearing that began this Wednesday, the petition alleging that it involves charges of war crimes and crimes against humanity. “The right to know the truth outweighs” and “there is no reason to declare rebellion and it is necessary to continue with the hearing,” said the judge.
The Prosecutor’s Office has indicated that it has “abundant evidence for the defendants to be sent to the trial stage” for the crimes of murder, acts of terrorism, conspiracy to commit acts of terrorism, procedural fraud and concealment.
In the early hours of November 16, 1989, in the midst of the largest guerrilla offensive recorded during the Salvadoran civil war, an elite Army commando executed the religious and two women on the campus of the Jesuit Universidad Centroamericana (UCA).
The annulment of a 1993 amnesty law, by a 2016 constitutional ruling, allowed a peace court to order the reopening of the process in 2017 at the request of the UCA. However, various appeals presented by the defense delayed the beginning of the investigation proceedings and in 2020 the Criminal Chamber of the Supreme Court closed the case. It was in February 2022 that the Prosecutor’s Office presented a new criminal injunction against those indicated.
The victims were the Spaniards Ignacio Ellacuría, Segundo Montes, Ignacio Martín-Baró, Amando López and Juan Ramón Moreno and the Salvadoran Joaquín López; as well as UCA worker Elba and her 16-year-old daughter, Celina Ramos, both Salvadorans.
What was the impact of the 1989 massacre of Jesuit priests on human rights in El Salvador?
Time.news Interview: Investigating Historical Injustice in El Salvador
Editor: Good day, everyone. Welcome to Time.news. Today, we are delving into a pivotal moment in El Salvador’s legal history concerning the massacre of six Jesuit priests and their two collaborators in 1989. With us is Dr. Elena Garcia, a renowned expert in Latin American human rights law and a prominent advocate for justice in transitional societies. Welcome, Dr. Garcia.
Dr. Garcia: Thank you for having me. It’s a pleasure to be here.
Editor: Dr. Garcia, just days ago, a court in El Salvador held a preliminary hearing for 11 individuals involved in this infamous case. Can you give us some context about the significance of these proceedings?
Dr. Garcia: Absolutely. The massacre of the Jesuits was not just a tragic event; it symbolized a dark chapter in El Salvador’s civil war and has been emblematic of the broader issues of impunity and human rights violations in the country. The recent decision not to archive the criminal proceedings against former President Alfredo Cristiani and others is a significant step toward accountability.
Editor: The court’s decision to refuse to close the case due to the charges being considered crimes against humanity is encouraging. What does this imply for future legal proceedings in El Salvador?
Dr. Garcia: It sends a powerful message that there is a willingness to confront past atrocities. By rejecting the motion to archive the case, the judiciary is reinforcing the principle that serious crimes, especially those that fall under international law, cannot simply be forgotten or dismissed. It also opens the doors for a larger examination of State responsibility during the civil war.
Editor: Some of the defendants were absent from this preliminary hearing. How does that affect the case moving forward?
Dr. Garcia: The absence of defendants can complicate proceedings. It may delay justice and allows for continued evasion of accountability. However, it also serves to highlight the complexity of these cases in post-conflict societies, where individuals often seek to distance themselves from their past actions. It raises questions about the mechanisms in place to compel defendants to appear in court.
Editor: Given the historical context of El Salvador’s civil war and the ongoing struggles for justice, what are the potential impacts of this case on civil society?
Dr. Garcia: This case holds significant potential for civil engagement. If the judicial process leads to convictions, it could increase public trust in judicial institutions and inspire other victims of human rights abuses to seek justice. Conversely, if there are perceived failures within the process, it could lead to greater disillusionment and unrest within society.
Editor: Lastly, what do you think needs to be done for El Salvador to fully address its past and ensure such atrocities are not repeated?
Dr. Garcia: Comprehensive approaches are essential. This includes not only pursuing legal actions against those responsible for past crimes but also ensuring that there is education regarding human rights, strengthening civil society, and providing support for victims and survivors. Truth commissions have played vital roles in other nations; therefore, a thorough historical reckoning can help catalyze healing and prevention of future violence.
Editor: Thank you, Dr. Garcia. Your insights are invaluable as we navigate these complex issues. We’ll continue to monitor this significant case and its implications for justice in El Salvador.
Dr. Garcia: Thank you for having me. It’s crucial to keep these conversations going.
