EL SALVADOR: FIRST DRAFT OF 2006 INCSR PART I

UNCLAS SECTION 01 OF 04 SAN SALVADOR 003491 SIPDIS STATE FOR INL, WHA/CEN JUSTICE FOR OIA, AFMLS, AND NDDS TREASURY FOR FINCEN DEA FOR OILS AND OFFICE OF DIVERSION CONTROL E.O. 12958: N/A TAGS: SNAR PGOV PINR PINS PREL KCRM KJUS ES SUBJECT: EL SALVADOR: FIRST DRAFT OF 2006 INCSR PART I REF: SECSTATE 209560 ¶1. (U) Per Reftel, the following is Post's first draft of the 2006 INCSR Part I. Year-end statistics for CY-2005 are not yet available. Post will add these statistics in January 2006 and retransmit this report. Text follows. ¶2. (U) El Salvador ¶I. Summary El Salvador is a transit country for narcotics, mainly cocaine and heroin. In 2005, the National Police seized XXXX kilograms (Kg) of cocaine and XXX Kg of heroin. The Forward Operating LOCATION facilities contributed to the seizure of XX metric tons (MT) of illicit narcotics in Salvadoran territory and disrupted the delivery of XX MT of narcotics to the rest of the region. Salvadoran law enforcement agencies cooperated with U.S. authorities on cases that led to the U.S. indictments of XX major drug traffickers. Although El Salvador is not a major financial center, assets forfeited and seized as the result of drug-related crimes amounted to US$XXXXXX. Salvadoran authorities complied with resolutions regarding terrorist assets and did not find assets from individuals or entities on the terrorism lists. II. Status of Country Located in the isthmus between the United States and the major drug producing nations, El Salvador is a transit point for trafficking. Cocaine and heroin are the most commonly trafficked drugs. Climate and soil conditions are unfavorable for coca cultivation. Precursor chemical production, trading, and transit are not significant problems. III. Country Actions Against Drugs in 2005 Policy Initiatives: In 2005, the Government of El Salvador (GOES),in cooperation with other Central American (CA) countries, implemented Operation Controlled (Operacion Controlado) to interdict narcotics trafficking through Central America. The operation established joint patrols by the anti-narcotics police of each CA country along the unmonitored areas on the CA border regions. Accomplishments: Several significant developments during the year demonstrated the GOES commitment to achieving compliance with the objectives of the 1988 Untied Nations Drug Convention. Utilizing a stringent counter-narcotics law that came into effect in November 2003, the National Civilian Police (PNC) interdicted XX percent more cocaine over the preceding year. Using the same comparison, the PNC arrested XX percent more individuals for drug trafficking offenses. The GOES seized US$XXXXX in assets linked to narcotics trafficking, representing a XX percent increase over the US$554,113 seized in 2004. Once convictions are realized, seized assets are used to fund law enforcement, drug treatment, and drug prevention efforts. The Embassy-supported Containerized Freight Tracking System (CFTS) at the Amatillo border crossing with Honduras began operations in July 2004. The purpose of the facility is to permit the GOES to inspect commercial and passenger vehicles arriving from Honduras. In 2005, PNC personnel at the CFTS seized XX Kg of marijuana, XX Kg of cocaine, and XX Kg of heroin, and arrested XXX individuals for trafficking offenses. Aircraft deployed to the Forward Operation LOCATION (FOL) at the Salvadoran Air Force base in Comalapa track aircraft and sea vessels moving north towards the United States. FOL aircraft report their findings to U.S. law enforcement agencies, which then notify regional governments. In 2005, cooperation between the FOL, the Embassy, the Salvadoran Air Force, and the PNC resulted in the seizure of XXXX Kg of cocaine, and the arrest of XX narcotics traffickers by Salvadoran officials. The presence of the FOL in El Salvador contributed to an additional total seizure of XX MT of cocaine by U.S. law enforcement agencies and other regional governments. In July 2004, the GOES implemented Plan Super Heavy Hand in response to rising street gang violence. Although the plan addresses all gang related activity (to include kidnapping, rape, extortion, murder, fraud, aggravated theft, human trafficking),it also aims to disrupt narcotics trafficking and distribution controlled by gangs. During the year, the PNC arrested XXX and convicted XX gang members for drug trafficking and distribution offenses. The GOES actively cooperated with the United Nations Drug Control Program. The obstacles that prevented El Salvador from fully achieving all of the objectives of the 1988 United Nations Drug Convention included legal impediments and limited resources, as discussed below. Law Enforcement Efforts: Salvadoran law enforcement efforts are still hindered by constitutional prohibitions against investigative tools such as wiretapping. Investigations were further hampered by a lack of cooperation between the Attorney General and the police. Although the Attorney General's office did not impede investigations, its failure to seek arrest and search warrants in a timely manner severely restricted police operations against narcotics trafficking. Overall, the GOES gives a very high priority to counter-narcotics law enforcement, but its lack of resources and inadequate prosecutorial support limit its ability to achieve its counter-narcotics objectives. Despite a low rate of convictions, law enforcement efforts in 2005 were adequate, given resource constraints and legal impediments. These efforts were primarily focused on priority targets of mutual interest to both the United States and the GOES. Salvadoran police investigators and prosecutors traveled to the United States on numerous occasions throughout the year to share intelligence and coordinate operations. Joint cooperation led to the conviction of William Eliu Martinez, a former Salvadoran federal legislator extradited to the United States on drug charges. Apart from joint operations, the PNC seized XXX Kg of marijuana, XXX Kg of cocaine, and XXX Kg of heroin. PNC officers arrested XXXX individuals for drug related offenses, XXXX of which resulted in convictions. Corruption: Under Salvadoran law, using one's official position in relation to the commission of a drug offense is an aggravating circumstance that can result in an increased sentence of up to one-third of the statutory maximum. This includes accepting or receiving money or other benefits in exchange for an act or omission in relation to one,s official duties. The PNC's Internal Affairs Unit and the Attorney General's Office investigate and prosecute GOES officials for corruption and abuse of authority. In 2005, the INL-supported and U.S.-based National Strategic Information Center, in cooperation with the Salvadoran Ministry of Education, continued implementing the Culture of Lawfulness program in Salvadoran schools. The program focuses on the advantages that accrue to the individual and society if everyone follows the rule of law. Special emphasis is placed on the social costs of corruption and bribery. In 2005, XX teachers were trained in the mechanics of presenting the program. As a matter of policy, the GOES does not encourage or facilitate illicit production or distribution of narcotics or psychotropic drugs or other controlled substances, or the laundering of proceeds from illegal drug transactions. No senior official is known to engage in, encourage, or facilitate the illicit production or distribution of such drugs or substances, or the laundering of proceeds from illegal drug transactions. The GOES has no INL-provided aircraft, nor has it misused any other equipment purchased with INL funds. El Salvador is a party to the Inter-American Convention Against Corruption. Consistent with the country's obligations under that Convention, the law criminalizes soliciting, receiving, offering, promising, and giving bribes, as well as the illicit use and concealment of property derived from such activity. Agreements and Treaties: El Salvador is a party to the following international agreements: the 1971 United Nations (UN) Convention on Psychotropic Substances; the 1961 UN Single Convention on Narcotic Drugs as amended by the 1972 Protocol; the Central American convention for the Prevention of Money Laundering Related to Drug-Trafficking and Similar Crimes; the UN Convention against Transnational Organized Crime and its protocols; the Protocol against the Illicit Trafficking of Migrants by Land, Sea, and Air; the Protocol to Prevent, Suppress, and Sanction Trafficking in Persons; and, the Protocol Against the Manufacture and Illicit Trafficking of Firearms, their Parts, Components, and Munitions. The current extradition treaty between the United States and El Salvador does not provide for the extradition of Salvadoran nationals. Narcotics offenses are covered as extraditable crimes by virtue of the 1988 UN Drug Convention, to which El Salvador is a party. Mutual legal assistance in narcotics cases is available to the United States and El Salvador under Article 7 of the 1988 UN Drug Convention. In August 2004, El Salvador became a party to the Inter-American Convention on Mutual Assistance in Criminal Matters, which provides further tools to facilitate legal cooperation between the United States and the GOES. There is no bilateral precursor chemical agreement between El Salvador and the United States. Likewise, no maritime interdiction agreement exists between the two countries. Annually, the two governments sign agreements under which the United States provides counter-narcotics and law enforcement assistance to El Salvador. Cultivation/Production: Climate and soil conditions do not favor the cultivation of coca plants. Small quantities of cannabis are produced in the mountainous regions along the border with Guatemala and Honduras. The cannabis is of poor quality, however, and is only consumed domestically. There were no gains or setbacks in controlling cannabis cultivation and production because the small quantity and poor quality of the crop does not justify the expenditure of a systematic campaign against it. There is no local methodology for determining cannabis crop size and yields. Cannabis is detected due to tips, routine foot patrols, and air surveillance. Drug Flow/Transit: Cocaine and heroin from Colombia typically transits El Salvador via the Pan-American Highway and maritime routes off the country's Pacific coast. Most drugs transiting by land are carried by commercial bus passengers in their luggage. Both heroin and cocaine also transit by go-fast boats and commercial vessels off the Salvadoran coast. Domestic Programs (Demand Reduction): The GOES manages its demand reduction program through several government agencies. The Ministry of Education presents lifestyle and drug prevention courses in the public schools, as well as providing after school activities. The PNC operates a D.A.R.E. program modeled on the U.S. program of the same name. The Ministries of Governance and Transportation have anti-doping units that advocate drug-free lifestyles. The Public Security Council (Consejo Nacional de Seguridad Publica) is actively involved in substance abuse prevention within Salvador,s gang communities. The Embassy-supported Salvadoran NGO FundaSalva works with the GOES to provide substance abuse awareness, counseling, rehabilitation, and reinsertion SERVICES (job training) to the public. In 2005, FundaSalva provided demand reduction services to over XXXX individuals. The Embassy also sponsors the U.S.-based "Second Step" program. Second Step is taught in first grade and assists teachers to identify anti-social behavior that later leads to substance abuse and violence. Other less comprehensive demand reduction programs exist, usually faith-based and run by recovering addicts or religious leaders. In addition, as part of Plan Friendly Hand, FundaSalva operates an INL-donated laser tattoo removal machine. Former gang members who meet the stringent requirements of gang demobilization (leaving the gang life behind) and successful substance abuse treatment are eligible to have their gang tattoos removed for free. Removing tattoos decreases the possibility of gang recidivism while increasing the prospect of finding gainful employment, both of which reduce the likelihood of future drug consumption. In 2005, FundaSalva provided tattoo removal SERVICES for XXX individuals. A national survey conducted in 2004 by FundaSalva reveals that substance abuse in El Salvador is significant and growing. According to the survey results, seven percent of the population (ages 12 to 45) used illicit narcotics in the past year, with four percent using drugs within the past month. Fourteen percent of those surveyed admitted to ingesting pharmaceutical stimulants and depressants in the past year. First use of alcohol or drugs occurs between the ages of twelve and fourteen years old. Fifty percent of all minors surveyed indicated that they had used drugs or alcohol on at least one occasion. Relative to the size of the at-risk and addicted populations, demand reduction programs are inadequate. IV. U.S. Policy Initiatives and Programs Policy Initiatives: U.S. assistance primarily focuses on developing El Salvador,s law enforcement agencies, increasing the GOES ability to combat money laundering and public corruption, and ensuring a transparent criminal justice system. From August 5 to October 8, 2005, U.S. government agencies and CA police forces conducted Operation All Inclusive to gather intelligence on regional narcotics trafficking operations. The successful operation netted 43 MT of cocaine, 88 kg of heroin, 27 MT of marijuana, and 372 arrests. Bilateral Cooperation: The United States provided funding for operational support of Grupo Cuscatlan and the high-profile crimes unit (GEAN) within the Anti-Narcotics Police. The United States also funded training and travel related to airport security, money laundering, maritime boarding operations, and anti-gang measures. DEA and INL officers work closely with the PNC anti-narcotics unit, the PNC financial crimes unit, the Financial Investigations Unit of the federal prosecutor's office, and the federal banking regulators on issues relating to drug trafficking and money laundering. Road Ahead: The United States will continue to provide operational support to Salvadoran law enforcement institutions, anti-money laundering training, and essential investigative tools. Together with the U.S. Department of Treasury, the Embassy plans to provide a secure communication link and database to be shared by the police, the Attorney General's office, and the banking regulators to facilitate money laundering and narcotics investigations. Barclay