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DE RUEHSN #1906 2641810
ZNY CCCCC ZZH
P 211810Z SEP 07
FM AMEMBASSY SAN SALVADOR
TO RUEKJCS/OASD ISA WASHINGTON DC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 7920
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHROV/AMEMBASSY VATICAN 0002

C O N F I D E N T I A L SAN SALVADOR 001906 

SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 09/20/2017 
TAGS: PGOV PREL PHUM ES
SUBJECT: GOES CONCERNED ROMERO CASE AT IACHR WOULD 
UNDERMINE AMNESTY: CONSIDERS WITHDRAWAL FROM HUMAN RIGHTS 
COURT 
 
Classified By: Charge D'Affaires Michael A. Butler, Reasons 1.4 (b) and 
 (d) 
 
¶1. (C) Summary: Contacts both within and outside the GOES 
have expressed concern that the Inter-American Commission on 
Human Rights (IACHR) is hearing a case that involves a 
complaint related to El Salvador,s civil war.  Thus, the 
case falls under the reservation with which El Salvador 
joined the IACHR and the Inter-American Court of Human Rights 
(the Court), i.e., exempting all cases related to El 
Salvador,s civil war from the jurisdiction of those bodies. 
If the case in question (concerning the murder of Monsignor 
Romero during the civil war) is heard by the Court, it would 
undermine El Salvador,s amnesty statute, which is viewed as 
a key instrument for cementing peace in the country.  Should 
the IACHR refer this complaint to the Court, the GOES has 
indicated it would feel compelled to withdraw from the 
convention creating the Court and reject its jurisdiction.  A 
group of three Salvadorans who represented both sides in the 
peace negotiations plans to travel to Washington in October 
to argue before the Commission that the case should not be 
referred to the Court.  End Summary. 
 
¶2. (C) Oscar Bonilla, President of El Salvador,s Public 
Security Council (and former wartime FMLN unofficial envoy in 
Europe) and Salvador Samayoa (member of the National 
Development Committee and FMLN signatory to the peace 
accords) have both raised their concerns about a case 
currently before the IACHR concerning the 1980 murder of 
Monsignor Romero.  The case is being presented by an NGO 
(CEJIL) with the support of WOLA, several Chilean attorneys, 
and others.  In the IACHR,s last meeting on the case, the 
proposed mediation settlement contained conditions viewed 
here as impossible, among them the removal of the monument to 
ARENA founder D,Aubuisson. 
 
¶3. (C) El Salvador placed a reservation on its participation 
in the Inter-American Court of Human Rights and in the IACHR 
that excluded all cases related to the civil war from the 
court,s jurisdiction.  Both Bonilla and Samayoa have told us 
that the GOES will withdraw from the American Convention on 
Human Rights and reject the Court,s jurisdiction in this 
case if it is referred to and heard by the Court.  They 
report some in the GOES are prepared to take that move 
preemptively. 
 
¶4. (C)The GOES is considering an approach to the Vatican to 
seek the Holy See,s support for dropping the case from the 
IACHR without derailing Romero,s beatification.  Bonilla 
tells us the GOES is also seeking OAS support for removing 
this case from the IACHR.  On October 10, a delegation 
comprised of Oscar Santamaria, a peace negotiator and former 
minister of justice and of foreign affairs, David Escobar 
Galindo, another peace negotiator, and Salvador Samayoa, the 
FMLN,s signatory to the peace accords, will meet with the 
IACHR to convince it of the dangers presented by derogating 
El Salvador,s amnesty law.  Samayoa told us September 20 
that the group would be willing to discuss this case with 
Department officials while in Washington. 
 
¶5. (C) Comment and Action Request: El Salvador,s post-war 
amnesty law is credited with helping maintain and cement the 
peace.  We are struck by the fact that officials of the 
center-left who were formerly representatives of the FMLN are 
among those most concerned about the consequences that could 
follow a challenge to it.  While the GOES seeks a solution to 
this problem short of withdrawal from the Court, it is clear 
to us that it is prepared to take that step.  Embassy 
recommends Department and USOAS see Samayoa, Escobar, and 
Santamaria in October. 
Butler