Generals trial evokes memory of killing
years in El Salvador
By MARIANNE M. ARMSHAW
Special to the National Catholic Reporter West Palm
Beach, Fla.
The trial of two Salvadoran ex-military leaders for the wrongful
deaths of four American missionaries has conjured the ghosts of 75,000 dead. To
attend the civil proceeding is to relive a vicious, bloody civil war and
remember those dead.
Archbishop Oscar Romero, assassinated in December 1980, and
hundreds of campesinos slaughtered in 1981 at El Mozote and the Sumpul River,
opposition political leaders and teenage boys, health workers and labor
organizers: All are invoked.
But the spirits that linger near the high ceiling of the
overcrowded federal courtroom in West Palm Beach are the four that brought the
parties together for a historic legal battle.
Twenty years after their brutal killings, the world once again
considers the deaths of Maryknoll nuns Ita Ford and Maura Clarke, Ursuline Sr.
Dorothy Kazel and lay volunteer Jean Donovan. The four American missionaries
served El Salvadors rural poor. On the night of Dec. 2, 1980, the
Salvadoran national guard kidnapped, raped and executed them, leaving their
bodies on a remote road to be buried by frightened campesinos.
The trial also invokes recent U.S. history and the way events in
El Salvador played out under two very different presidents.
When the crime was discovered two days after it occurred,
President Jimmy Carter broke into regular TV programming to announce the brutal
slaughter to an outraged nation. But Carter was by then a lame duck leader.
Pro-military president Ronald Reagan, a vigorous opponent of Latin American
leftists, had been elected just weeks before. Reagan would pump $7 billion over
10 years into the militarys coffers to prevent a Nicaraguan-style leftist
takeover. The decade would end with the killing in 1989 of six Jesuits, their
housekeeper and her daughter at the University of Central America.
The murders shocked the conscience of the American
people and briefly delayed the resumption of military aid to El Salvador.
Five low-ranking National Guard members were convicted in 1984 of the crime.
Yet questions linger: Did superior officers order the killings? Did they cover
up the crime? Could they have prevented it?
For 20 years, weve been trying to find out what
happened to these good women, Bill Ford, brother of Ita Ford, testified.
I want a judgment that says these men are liable for what happened to my
sister. The families brought the civil lawsuit under the Torture Victim
Protection Act, a 1991 U.S. statute that allows victims and their families to
seek damages from those who bear command responsibility for the war
crimes of subordinates.
This case is historic because the defendants have actually come to
court to mount a defense. They are not required to attend. Other lawsuits filed
under the 1991 act -- fewer than a dozen -- have proceeded without the
defendants present or have been settled out of court.
The 10-member jury, four men and six women, will decide whether
former Gens. José Guillermo García and Carlos Eugenio Vides
Casanova are guilty under the act. The families hope to use a liability verdict
as a lever to pry the generals from their comfortable Florida retirement and
have them deported by the Immigration and Naturalization Service.
García headed the Salvadoran military and security forces
as Minister of Defense from 1979 to 1983; Vides served under him as head of the
notorious national guard. Both retired to Florida in 1989; García and
his family were granted political asylum.
Both deny any wrongdoing and testified repeatedly that they had no
foreknowledge of the crime and never conspired to cover it up. While both admit
knowing that their troops committed abuses, García refers to infamous
massacres such as Mozote as a military operation. They say they did
the best they could under the circumstances, often pointing out during
testimony that there was a state of war, and things were
difficult, and we didnt have the resources. Many abuses
were actually the work of infiltrators from the left and right.
García delivered an impassioned speech last Wednesday
prominently mentioning his religious faith and talking about forgiveness. At
times, he seemed to suggest that he forgave the families for accusing him
falsely.
You will notice that the general didnt ask for
forgiveness, Scott Keogh, nephew of slain nun Maura Clarke, said.
Since the trial began Oct. 10, much of the testimony has focused
on El Salvadors violent past, particularly the time preceding the
womens murder. Attorneys for the families have taken pains to put their
kidnapping, torture and execution in historical context. The civil war pitted a
right-wing-controlled military against the leftist guerrilla groups Farabundo
Marti National Liberation Front, the FMLN. Civilization broke down under
increasing repression from a military that was, by all accounts out of
control.
The murdered womens relatives maintain that García
and Vides are liable for the climate of violence and near-impunity enjoyed by
the Salvadoran military as they practiced wholesale slaughter at the time of
the murders.
The generals, the families allege, tolerated systematic and
widespread abuses of noncombatants, focusing on Roman Catholic lay workers,
priests, nuns and missionaries who worked with El Salvadors poor and were
thus considered leftist sympathizers. The civil suit also alleges the generals
helped cover up senior officers involvement in the murder and obstructed
investigations.
The year that would end with the murder of the women and the
slaughter the following week of three labor organizers, including two
Americans, at the Sheraton Hotel, should have dawned with great hope. In
October 1979, a bloodless coup by young military officers instituted a
revolutionary junta government. They hoped to institute democratic reforms,
economic justice for the landless poor and freedom from oppression for all.
Instead, they watched their government drown under an ever-swelling tidal wave
of violence.
Immediately following the coup, that wave began to gather
strength. Rural violence escalated. March brought the murder of Archbishop
Oscar Romero, gunned down as he celebrated Mass in San Salvador. Gunmen opened
fire on thousands of mourners attending his memorial service. (García
showed a news video from the government TV station purporting to
show that leftist guerrillas were responsible, though independent news agencies
at the time fingered the military.)
Witness after witness, including former U.S. Ambassador Robert
White and Undersecretary of State for Human Rights Pat Derien, both Carter
appointees, recounted tales of bloodshed, brutality and horror.
Disappearances became commonplace. Heavily armed
troops, often carrying U.S.-issued assault weapons, kidnapped, tortured and
murdered with impunity, trying to crush the growing popular outcry against
repression. Convinced they were facing an imminent communist takeover, and that
FMLN guerrillas were in fact Soviet-backed agitators, the military cracked down
harder. Just days before the women were murdered, six opposition party leaders
were abducted by armed men in broad daylight from downtown San Salvador. The
military was universally blamed. Their murdered bodies were found within days.
Funeral services were planned for early December.
The deaths of these four good women can only be
understood as part of a violent convulsion that ripped through El Salvador for
12 years, ceasing only when the United Nations finally brokered a 1992 peace
deal between the military and the leftist insurgents. The families do not
forget that they share the pain of a nation.
My sister is dead. Nothing can bring her back. We are doing
this for all the other people who suffered, said Julia Clarke Keogh.
What do you want out of this lawsuit? defense attorney
Kurt Klaus asked Bill Ford, older brother of Ita Ford.
Justice, he snapped.
The families filed the suit in May 1999, months after discovering
that García and Vides had been in the United States since 1989. In an
interesting sidelight with ominous shadings for the celibate and childless
elderly, Florida law would have allowed the families no recourse. Under the
torture victims act, federal guidelines apply, and the families can seek
punitive and compensatory damages, in effect suing on behalf of their sisters
as if the women were parties to the suit. Florida law allows only a spouse or
child under age 25 to sue for damages. Since damages are calculated on income
lost due to the victims early death, those who live in voluntary poverty
are worth less under the law. While state laws differ, attorneys in
the case say that many other states also restrict compensation in the death of
a childless, unmarried person.
Under Florida law, no attorney would take the case because
there would be no damages, said Florida attorney Robert Kerrigan. He and
cocounsel Robert Montgomery represent the families and have worked on the case
pro bono for nearly two years.
The Lawyers Committee for Human Rights has worked for years on
what the U.S. government calls The Case of the American
Churchwomen. That the lawsuit was filed at all is due largely to their
efforts to track down and interview witnesses and convince the U.S. government
to declassify relevant documents.
In 1998, the committees attorneys traveled to El Salvador to
interview the guardsmen convicted in the womens murders. They confirmed
that they had acted under orders.
Whatever the jurys decision, the families believe they have
already won.
Just in bringing these guys into a courtroom where they have
to answer under oath is historic, said Bill Ford.
James Clarke, brother of Maura Clarke, agreed. After 20
years, you are almost tempted to give up, to say they got away with it and
well never know. Its a miracle we got them into a courtroom, that
people understand what happened there.
Mike Donovan still tears up when he sees the smiling portrait of
his sister, Jean, taken not long before she volunteered to go to El Salvador as
a lay missionary.
Murderers should not be allowed to retire to Florida,
he said.
National Catholic Reporter, November 3,
2000
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