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