EL SALVADOR: 2005 TERRORISM REPORT

UNCLAS SECTION 01 OF 03 SAN SALVADOR 003480 SIPDIS E.O. 12958: N/A TAGS: PTER ASEC KCRM EFIN AA KHLS KPAO ES SUBJECT: EL SALVADOR: 2005 TERRORISM REPORT REF: A. STATE 193439 ¶B. 2004 SAN SALVADOR 3554 ¶A. Support for the Global Coalition El Salvador, which lost some citizens in the tragedies of September 11, has been a consistently strong supporter of the United States and other partners in the global war against terrorism. El Salvador has ratified 11 of 12 UN conventions against terrorism and the Inter-American Convention Against Terrorism. President Tony Saca was inaugurated in 2004, and maintains an outspoken position in support of the global war against terrorism and military operations in Iraq. El Salvador sent their fifth troop rotation to Iraq in August ¶2005. The country has not offered sanctuary to terrorists, nor have any acts of terrorism occurred toward U.S. citizens or U.S. interests. ¶B. Host Nation Counterterrorism Actions The Government has continued to place a great deal of importance on counterterrorism. Their working-level Inter-Agency Counterterrorism Working Group (GRICTE) is a platform not only for communicating with international partners, but also for building intra-governmental consensus on counterterrorism priorities and necessary reforms. --- Counterterrorism Legislation Counterterrorism Legislation was introduced in the Legislative Assembly on November 29. Draft counterterrorism legislation includes provisions on terrorism financing, though in its current form it lacks language consistent with FATF recommendations on cash couriers, wire transfers, and nongovernmental organizations. Controversy has arisen regarding the legislation's new sentencing requirements for some crimes including: assassination of political figures, armed occupation of buildings, adulteration of products, incitement of terrorism, fraud undertaken to conceal evidence of terrorism, membership in terrorist organizations, terrorist attacks, accessory to terrorist acts, possession of materials for purposes of commission of terrorist acts, hostage taking, destruction of transportation facilities, aircraft hijacking, destruction of aircraft, interference with flight crews, terrorist threats, terrorism financing, intent to commit terrorist acts, and complicity in commission of terrorist acts. (Note: Armed men allegedly affiliated with the Farabundo Marti National Liberation Front (FMLN) have twice recently taken control of public buildings. End note.) --- Cybersecurity El Salvador has formed a cybersecurity team headed by Guillermo Funes, Chief of Technology Development for the Ministry of Governance. ¶C. Terrorism Finance The GOES investigates the names and organizations on all USG-provided terrorist-financing lists. No bank accounts or assets of individuals or entities on these lists have been found in El Salvador. In previous years, authorities have shown a willingness to freeze assets when found, as they did in a 2002 case involving the Red Brigade. El Salvador,s money-laundering laws provide a legal basis for the freezing and forfeiture of proceeds from illegal activities, but do not regulate the flow of legitimate money to terrorist organizations. If the counterterrorism legislation currently proposed in the Legislative Assembly is passed, implementation would be challenging due to technical limitations, banking privacy laws, and a culture of protecting clients. It is clear that banks have not been effectively incorporated into the regulatory regime, and do not play the important role that U.S. banks play. ¶D. Judicial System El Salvador has the basic statutory framework to prosecute terrorists. Acts of terrorism and conspiracy to commit such acts are punishable under the Salvadoran Penal Code. El Salvador,s comprehensive money laundering law extends to all criminal activity, including terrorism. The GOES did not extradite nor request extradition of suspected terrorists for prosecution this year. There were no U.S. requests for extradition in terrorist cases. Despite having laws in place to prosecute terrorists, one potential impediment to a successful prosecution remains the relatively weak and inefficient Salvadoran judicial system. The 1911 bilateral extradition treaty between the United States and El Salvador fails to provide for the extradition of nationals and contains a very limited list of extraditable crimes. El Salvador amended its constitution in 2000 to permit the extradition of Salvadoran nationals when obligated to do so by treaty, but negotiations for a new bilateral extradition treaty that would contain such an extradition have stalled as a result of USG concerns over the Salvadoran constitutional prohibition against life imprisonment. Nevertheless, the current treaty would cover many types of terrorist offenses committed by non-Salvadorans, as certain multilateral conventions designate specific offense as extraditable under our existing bilateral treaty. ¶E. Host Nation Law Enforcement Capabilities The National Civilian Police (PNC) is a professional force that is well-regarded by Salvadoran citizens and outside observers. The PNC communicates well with the National Intelligence Service, the Immigration Service, and the Office of the Attorney General (FGR). The PNC also works jointly with special military units to combat youth delinquency and gangs, and to respond to emergencies. A November 1 drill simulated a terrorist takeover of the Israeli Embassy. The drill involved the PNC, rescue squads, and firefighters. Subdirector Douglas Garcia Funes of the PNC Special Operations Division noted that they needed to improve the response time of rescue squads. Future drills are planned at government buildings, embassies, malls, airports, and ports. --- Wiretaps The Salvadoran constitution expressly protects its citizens from electronic monitoring. While there is some support for change from the political right and the law enforcement and intelligence communities, leftist politicians would legally challenge any provision that attempted to introduce electronic surveillance as a counterterrorism tool. It is not likely that the draft counterterrorism legislation will attempt to fill this void. --- Plea-bargains Plea-bargaining, leniency for cooperation, and witness protection programs are less-used tools in the Salvadoran judicial system. El Salvador's criminal law mandates punishments and requires prosecutors to charge defendants if evidence exists. In some cases, provisions allow prosecutors to ask judges subsequently to drop certain charges, or to issue sentences of half the minimum, but these requests are not always granted. Defendants often lack complete faith in prosecutor's assurances; this system makes it difficult for prosecutors to offer incentives for confessions or cooperation. --- Investigations and Evidence The Office of the Attorney General (FGR),in conjunction with the PNC, is required to initiate an investigation upon receiving intelligence of possible terrorist cases. El Salvador does not have strict rules of evidence. Judges may accept or reject evidence based on their own subjective determination of its probative value and the means of collection. Nevertheless, the Criminal Procedure Code states that elements of proof can only be accepted if obtained through legal means and appropriately submitted in court. There are only limited good-faith, accidental discovery, and independent source exceptions. Due to the constitutional prohibition against electronic surveillance, information obtained through the interception of oral, wire, or electronic communications is not admissible in any judicial proceedings. Most intelligence information can be used only to provide leads in an investigation. Following the arrest of a suspected terrorist, the FGR is allowed a 72-hour detention period to prepare the indictment and make an initial presentation of the case to a judge. During this detention period, suspected terrorists cannot leave jail, and aside from contacting legal counsel, are not normally authorized access to phone or E-mail. At arraignment, the judge determines if there is enough evidence to continue the case. The Criminal Code prohibits the release on bail of defendants charged with terrorist-related crimes. Police take photographs and fingerprints of all detained persons. DNA is not normally collected except pursuant to a court order. Debriefings can be arranged through appropriate authorities. ¶F. Border Controls El Salvador does not have a customs and immigration record-keeping system that allows timely sharing of information among entry points and the central authority. Both funding and technical implementation are hurdles. Furthermore, better procedures at the international airport are needed, such as separating incoming and outgoing passengers, streamlining immigration processing by refining the use of administrative grounds for refusal, and establishing a secondary inspection area. Under a cooperative agreement among El Salvador, Guatemala, Honduras, Nicaragua, and Costa Rica, citizens of other Central American countries may travel to El Salvador without a passport or visa. Though flawed, El Salvador's immigration controls are still among the strictest in the region. ¶G. Regional/International Counterterrorism Cooperation El Salvador is the only other Western Hemisphere nation with troops deployed with coalition forces in Iraq (see paragraph A). The Government has also continued to work closely with the UN's Counterterrorism Committee, and continues to play an active role in the Inter-American Committee Against Terrorism (CICTE). ¶H. See Paragraphs F and G. ¶I. Countering Extremist Ideologies Because there exist no significant movements in El Salvador that support Al-Qaida, or that extol an extremist, violence-supported ideology, the GOES has not initiated any public information campaigns to counter them. ¶J. Deployment of Forces In addition to its current deployment of 380 soldiers to Iraq (see paragraph A),El Salvador has deployed police or military officers to Cyprus (8),Liberia (3),Western Sahara (5),Ivory Coast (3),Nicaragua (2),Guatemala (2),Sudan (5),and the UN in New York (1). Thirty additional military officers remain on standby for participation in UN missions under the UN Standby Arrangement system. ¶K. Changes in Government Stance El Salvador remains committed to the global war on terrorism, and is energized to address weaknesses and prepare for eventualities. There continues to be strong regional and international cooperation. ¶L. Constraints El Salvador's counterterrorism structure and institutions have received much attention in recent years, and were praised during the 2004 Diplomatic Security Anti-Terrorism Assessment team visit. However, key constraints are: limited controls (see paragraph F),banking privacy laws and the culture of client protection (see paragraph C),and the country's prohibition of electronic surveillance, which might otherwise facilitate preventative counterterrorism actions (see paragraph E). M/N. Host Government support for International Terrorism El Salvador does not support international terrorism in any way, and has not issued statements of support for any known terrorist organization, individual, or terrorist-supporting country. O/P. Terrorist Operations No terrorist organizations are known to be operating in El Salvador. While porous borders and relatively free travel are risks, there are no known terrorist sanctuaries or border-crossing points. Q/R. None. Barclay