From: hrcoord@igc.apc.org (Human Rights Coordinator)
Newsgroups: soc.rights.human
Subject: Urgent Update 11-12-92
Date: 12 Nov 92 20:49:00 GMT
Nf-ID: #N:cdp:1476700798:000:5709
Nf-From: cdp.UUCP!hrcoord    Nov 12 12:49:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: Urgent Update 11-12-92

/* Written  9:53 am  Nov 12, 1992 by cuanes@igc.apc.org in igc:carnet.alerts */
         CUANES Update 11-12-92  (Alert 368)

          ************URGENT************


Adolfo Aguilar Payes is in his 30th day of a hunger strike at Mariona
Prison in El Salvador.  He is in very bad physical condition, with kidney
and urinary infections.  He has been seen by a doctor from the Archdiocese
and representative of the Human Rights Commission.  Another prisoner in
Mariona, Obdulio Henrique Hernandez, a member of ANDES 21st June (a
teacher's union) has started a sympathy hunger strike, as have two members
of CO-Madres.  Except for a few articles in the Diario Latino, a
progressive news daily, there has been almost no publicity in El Salvador
about the situation of Adolfo Payes.

Adolfo Payes has been in prison since July of 1989, charged with "acts of
terrorism" and the murder of two ARENA party members, members of a
conservative think tank.  After Payes was arrested and tortured by the
Treasury Police for three days, he signed a blank sheet of paper upon
which a "confession" was written.  A doctor's report confirming that he
was tortured has not been made part of the court file.

Payes has never been brought to trial.  His case has been the subject of a
string of inappropriate and/or illegal maneuvers by the government.  When
the amnesty law was put in effect in March of 1992 and political prisoners
were released, it was claimed that Payes' case was being reserved for the
Truth Commission.  The Truth Commission, though, was not assigned any
judicial role or powers under the Accords.

A scheduled trial was abruptly suspended in July 1992, following the
acquittal of another defendant in a different case accused of killing the
former President of the Supreme Court.  Conservative commentaries at the
time expressed concern about that acquittal, and the "negative" atmosphere
that could lead to such an acquittal.

In September, Payes' lawyer was asked to select a jury for trial.  The
lawyer refused, as he would have been selecting a jury from a small,
possibly rigged jury pool.  In addition to being out of order for the
defense attorney to select the jury, his doing so would have been a
legitimization and acceptance of a corrupt process.

On November 10, Payes' defense attorney submitted a petition to the court
citing violation of Salvadoran law limiting the time between instituting
proceedings and conducting a trial to 120 days.  The complaint for delay
of justice asks the judge to select a jury and go forward with a trial.
The judge has 10 days in which to respond to the petition and then 3 days
to resolve the petition, i.e., have a trial.  If the judge does not comply
he can be fined, but the fine is no more that 100 colones, less than
$20.00 US.  The case is assigned to the Juzgado Sexto de lo Penal, the 6th
Penal Court.  The case number is 261-89.

In Summary:  ADOLFA AGUILAR PAYES has been detained since July 1989
without a trial; the only evidence against him is a "confesion" extracted
under torture.  His continued detention and the use of an extra-judicial
confession extracted under torture violate Salvadoran law, the San Jose
Human Rights Accords, and international human rights treaties ratified by
El Salvador.  His attorney is requesting an immediate trial.  He is in very
poor physical condition after 30 days on a hunger strike.


REQUESTED ACTION:

(1) Please continue to send telexes, faxes, and make telephone calls to El
Salvador about Adolfo Payes.  Demand his immediate release, expressing
extreme concern about his physical condition, and demand an immediate
trial.

(2)  Please ask religious leaders and denominational offices to fax letters
immediately and make telephone calls of inquiry to President Cristiani, the
Minister of Justice, ONUSAL, and the Procurator for Human Rights about
Adolfo Payes, requesting his release from prison and an immediate jury
trial.

(3) Contact your Representative and Senators asking them to call President
Cristiani about Adolfo Payes.     Congressional Switchboard  202-224-3121


 Lic Alfredo Cristiani           telephone:  011-503-71-1555
 Presidente de la Republica      fax:  011-503-79-3401
 Casa Presidencial               telex:  20245
 San Salvador  El Salvador

 Dr. Rene Hernandez Valiente
 Ministro de Justicia
 Ministerio de Justicia           fax:  011-503-23-2611
 San Salvador  El Salvador        telex: 20179   20599

 Dr. Mauricio Gutierrez Castro
 Presidente de la Corte Suprema     fax: 011-503-71-4932
 San Salvador, El Salvador          telex:  20343

 Dr. Diego Garcia-Sayan Larrabure
 Director Human Rights Dept.
 Oficina de ONUSAL                 telephone:  011-503-98-0044
 Torre VIP - Hotel El Salvador        fax:  011-79-3381
 87 Avenida Norte y 13 Calle Poniente

 Dr. Carlos Mauricio Molina Fonseca
 Procuraduria para la Defensa de los Derechos Humanos
 Edificio AMSA, No. 535
 5a Calle Pte y 9a Av. Nte            fax:  011-503-71-2886
 San Salvador  El Salvador


 Ambassador Miguel Angel Salaverria
 Embassy of El Salvador             telephone: 202-265-9671
 2308 California St NW
 Washington, D.C. 20008


 TO SEND TELEXES OR FAXES:  Worldlink  1-800-827-2831; fax 800-827-2833
 Faxnet 1-800-831-2202;  800-241-1170 fax
 Both have CUANES Sample Message 368, or fax or dictate your own messages.

 Faxes can be sent using PeaceNet e-mail

 PLEASE SHARE THIS ALERT WIDELY.   TIME IS OF THE ESSENCE.  THANK YOU

   For more information:  Kathy Howell  CUANES
                          708-475-7980  (day & eve)
                          708-475-1122 fax
                          e-mail  cuanes