From: hrcoord@igc.apc.org (Human Rights Coordinator)
Newsgroups: soc.rights.human
Subject: EL SALVADOR: concern re extraditio
Date: 13 Sep 92 18:03:00 GMT
Nf-ID: #N:cdp:1476700461:000:3945
Nf-From: cdp.UUCP!hrcoord    Sep 13 11:03:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: EL SALVADOR: concern re extraditio

/* Written 11:26 pm  Sep 12, 1992 by aiusala in cdp:ai.general */
Amnesty International
International Secretariat
1 Easton Street
London WC1X 8DJ
United Kingdom

FROM: PRESS AND PUBLICATIONS
DATE: SEPTEMBER 1992
WEEKLY UPDATE SERVICE 36/92
EXTERNAL

EL SALVADOR: AI REITERATES CONCERNS ABOUT EXTRADITION OF SALVADORIAN CESAR
JOYA MARTINEZ FROM THE USA.

On 3 September 1992, Amnesty International wrote to United States Secretary
of State Lawrence Eagleburger to reiterate its concern about the case of
Cesar Joya Mart!nez, a former member of the Salvadorian Armed Forces who
faces extradition from the United States to El Salvador.  Amnesty
International previously wrote to the US State Department on 11 July 1991
to express the organization's opposition to his forcible return to El
Salvador, where Amnesty International believes Cesar Joya Martinez risks
extra judicial execution or torture.  Returning him to El Salvador would
contravene the fundamental principle of non-refoulement, which is binding
on all states.

On 21 November 1991 a United States Judge certified to the Secretary of
State that Cesar Joya Martinez was extraditable to stand trial in El
Salvador for two killings committed in 1989.  AI has learnt that habeas
corpus petitions presented on Joya Martinez's behalf were denied by the US
District Judge in San Antonio, Texas, on 24 August 1992.  Amnesty
International understands that the decision as to whether the extradition
should proceed now rests with the US State Department.

Since leaving El Salvador in 1989, Joya Martinez has testified before a US
Congressional committee and numerous human rights organizations concerning
his participation, in an official capacity as a member of military
intelligence of the Salvadorian First Infantry Brigade, in the
extrajudicial execution of eight suspected members of the Salvadorian armed
opposition, and made allegations of the involvement of the Salvadorian
Armed Forces in the operation of so-called "death squads".  He claims that
these killings, which include the two cases for which he is to stand trial
in El Salvador, were carried out under orders from superior officers as
part of his duties.

Amnesty International believes that the murder charges made against Cesar
Joya Martinez should be thoroughly investigated, as should his allegations
concerning "death squad" operations within the Salvadorian Armed Forces,
particularly at a time when mechanisms are underway in the country to
clarify the truth about human rights violations since 1980.  A thorough
investigation into the role of Cesar Joya Martinez in crimes and activities
in which he was allegedly involved can and should in the present
circumstances be conducted outside Salvadorian territory as permitted under
international standards.

Despite the signing of a peace accord in January 1992 and the commitments
made by the government and the armed opposition, the Frente Farabundo Marti
para la Liberacion Nacional (FMLN) to respect human rights, Amnesty
International believes that the situation in El Salvador does not offer
adequate guarantees for the physical integrity and safety of Cesar Joya
Martinez.  In particular, the human rights-related mechanisms and reforms
being implemented as a result of the peace accords have up to now pr oved
ineffective in putting an end to extrajudicial killings and torture by
members of the armed and security forces or by so-called "death squads".
Victims of human rights violations since the signing of the peace accord
have included vocal critics of th e government and armed forces as well as
members of the FMLN.  Amnesty International believes that, given the nature
of his disclosures concerning the armed forces involvement in human rights
violations, Cesar Joya Martinez would be at serious risk of extrajudicial
execution or torture if returned to El Salvador.