VZCZCXYZ0036
PP RUEHWEB

DE RUEHSN #1646 2341449
ZNR UUUUU ZZH
P 221449Z AUG 07
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC PRIORITY 7466
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE

UNCLAS SAN SALVADOR 001646 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KJUS KCRM PTER ES
SUBJECT: EL SALVADOR TOUGHENS PUBLIC DISTURBANCE LAWS 
 
REF: A. SAN SALVADOR 1485 
 
     ¶B. SAN SALVADOR 1611 
 
¶1. (U) Summary: On August 16, the Salvadoran Legislative 
Assembly passed amendments to key crime legislation that will 
increase penalties for public disturbance.  The party-line 
vote was contentious, and the ruling ARENA party, which 
promoted the legislation, was unable to garner the support of 
its usual voting coalition.  The timing of this legislation 
is delicate in that the government has recently come under 
attack from the opposition and from U.S.-based human rights 
NGO's for prosecuting the Suchitoto defendants under the 
terrorism law (reftel A).  End Summary 
 
¶2. (U)  By a bare majority of 43 votes, the Legislative 
Assembly voted August 16th to amend article 348 of the penal 
code and article 294 of the criminal procedure code to 
increase prison sentences for public disturbance.  The 
maximum prison sentence for public disturbance was raised 
from two to ten years.  The law also modifies the criminal 
procedure code to prevent release of suspects on bail and 
also eliminates early prison release programs for those 
sentenced under public disturbance laws.  The governing ARENA 
party's 34 deputies were joined by nine National Conciliation 
Party (PCN) deputies to pass the legislation.  These 
modifications to the law are the Government's answer to the 
FMLN's apparent resort to violent street demonstrations 
against GOES policies it opposes. 
 
¶3. (U) The six Christian Democratic Party (PDC) deputies, who 
tend to support ARENA's policies, abstained from the vote on 
the grounds that the amendments amounted to an unacceptable 
restriction on freedom of expression and assembly--the same 
view promoted by the FMLN.   ARENA claims that the amendments 
are in keeping with the intent of the constitution, which 
protects freedom of expression and assembly as well as public 
order and the well-being of Salvadoran citizens. 
 
¶4. (SBU)  Comment:  The opposition is almost certain to 
challenge the new laws in the Constitutional Chamber of the 
Supreme Court, but it is unlikely that the justices will 
overturn the legal reforms.  This vote should be seen in the 
context of the increasingly contentious and polarized 
ARENA-FMLN discourse on law and order as the country heads 
towards the 2009 elections.  The PDC defections on this vote 
demonstrate the increasing unease at the center on crime and 
human rights issues.  As in the Belloso case (reftel B), the 
ruling ARENA party continues its push to demonstrate a 
commitment to public security and law and order.  The 
inability to get the PDC on board, however, demonstrates 
ARENA's failure so far to make this strategy attractive to 
its current and future coalition partners. 
Glazer