INVESTIGATION OF POSSIBLE AECA SECTION 3 VIOLATION

S E C R E T SECTION 01 OF 03 SAN SALVADOR 000142 SIPDIS STATE PASS PM/DDTC E.O. 12958: DECL: 01/18/2016 TAGS: ETTC KOMC ES SUBJECT: INVESTIGATION OF POSSIBLE AECA SECTION 3 VIOLATION REF: A. STATE 207667 ¶B. KRZYWDA-STITZEL EMAIL Classified By: DCM Michael A. Butler. Reasons 1.4 (B) and (D) ¶1. (S) Summary. Salvadoran Minister of Defense Otto Romero told Charge on December 2, 2005, that the arms seized in Honduras in April 2005 were likely lost by the Salvadoran Armed Forces (ESAF) to guerrillas of the Farabundo Marti National Liberation front (FMLN) during El Salvador's 1980-1992 civil war. Of the 13 weapons with legible serial numbers, the Ministry of Defense has traced 7 to war-time inventories; none of these appear in inventories conducted after the war ended. Romero said that FMLN forces captured many weapons in the early years of the war and likely did not turn them all in at the end of the war, claims substantiated by reporting during the war and the implementation of the peace accords. Post believes the arms found in Honduras did not come from ESAF stocks. End Summary. Romero Tells Charge Weapons Lost During War -------------- ¶2. (S) Salvadoran Minister of Defense Otto Romero told Charge on December 2, 2005, that arms seized in Honduras in April 2005 were likely lost by Salvadoran Armed Forces to FMLN guerrillas during El Salvador's 1980-1992 civil war. He said that he and his senior staff first investigated the possibility that the weapons had been removed from Salvadoran armories since 1992, but that they had uncovered no evidence to support that possibility. ¶3. (S) Of the 13 weapons traced to U.S. Foreign Military Sales to El Salvador from 1981-1984, Romero said he was able to locate 7 in war-time inventories from military installations and locations throughout the country, such as La Union and San Miguel in the eastern part of the country and Chalatenango in the western part. Three were reported in Ref. B. Three additional weapons are listed in a second report Romero provided, translated in Para. 9, and 2 more in a third report, translated in Para 10. In summary, these 3 reports indicate that 7 weapons appear in Salvadoran inventories during the war--1984 (M16A1 #5367332),1987 (M16A1 #133188 and M16A1 #134314),1988 (M16A1 #5402010), 1989 (AR-15 #131390 and #133658),and 1991 (M16A1 #5388749)--while one is registered, but not located in inventories (M16A1 #5414938). Romero told Charge that if these weapons were removed from Salvadoran armories in recent years, they would have appeared in periodic unit-level inventories conducted since 1992. He said that he had assigned a colonel to lead a thorough investigation into the matter and would continue to research all available records. (Note: On January 11, 2006, the colonel assigned to investigate told the Milgroup section chief that no additional information has been found. End Note.) ¶4. (S) The Minister reported that during the war, FMLN force regularly captured government soldiers, resulting in the loss of hundreds if not thousands of weapons. Romero, who was a junior officer during the war, said that in the early years of the war especially, the FMLN was well trained, well equipped, and capable of operating as a conventional military force. He mentioned that a base was overrun in the Department of Chalatenango and the contents of the armory fell into the hands of the FMLN. In that battle and others, documentation was destroyed. There were also numerous other examples of battlefield losses of men and weapons, he told the Charge. (Note: A State Department Briefing Paper on the war in El Salvador dated June 10, 1983, states "Guerrilla assaults against small towns and garrison points continue to meet with success, resulting in the capture or surrender of large numbers of government troops and significant quantities of arms and ammunition. End Note.) Romero said that during the war, it was difficult to maintain an inventory of weapons lost, and records are incomplete. ¶5. (S) Romero said that he did not believe the FMLN turned in all its arms in 1992. As an example, he mentioned the FMLN museum in the city of Perquin, where a variety of arms are displayed in violation of the Peace Accords. Romero told the Charge that he was concerned that so many weapons in good condition were discovered in Honduras and said that the possibility that the FMLN had been hoarding them made him uneasy. (Note: Since the war ended, weapons caches have been frequently uncovered after earthquakes and mud slides that disturb the earth in which they are buried. However, these weapons are usually found in poor condition. U.N. documents state that the U.N. Observer Mission to El Salvador (ONUSAL) had supervised the destruction of more than 10,000 small arms by 1995. However, a 1995 ONUSAL report indicates that "The FMLN had kept large quantities of weapons in hidden deposits in El Salvador and certain neighboring countries." Open source research on the disarmament process suggest that the FMLN hid a significant number of arms in El Salvador, Honduras, and Nicaragua. Meanwhile, a 1993 ONUSAL report suggests that many small arms were retained by ESAF soldiers demobilized at the end of the conflict. The report also notes that ESAF inventories did not include all the weapons distributed during the conflict. End note.) No Information on PNC Confiscated Weapons -------------- ¶6. (SBU) Former Vice Minister of Governance Rodrgio Avila, now Chief of the National Police, has promised to provide Emboffs with information on weapons seized from gang members and other criminals. Post will forward that information to DDTC as soon as it is made available. Milgroup Finds no Matching Weapons from 2003 Destruction Exercise -------------- -------------- ¶7. (SBU) During the period of September 15-29, 2003, the Milgroup coordinated the destruction of 11,522 M16A1 and 124 M16A2 rifles as part of a Department of State funded initiative. All weapons were inventoried by two U.S. military officers prior to undergoing melting at a civilian contracted facility. One of the officers was a member of the New Hampshire National Guard and also an agent with the Bureau of Alcohol, Tobacco and Firearms. Salvadoran military officers assisted in the verification process. The weapons were inventoried and kept in sealed containers until destruction was accomplished. Numbered seals on all containers were used. Given number of weapons and the fact that only two smelters were used, the ESAF provided eight military police guards to safeguard weapons 24/7. The group camped at the smelter, next to the weapons, for approximately a week and a half. Most of the rifles destroyed had already been disassembled and cannibalized for parts throughout the years. While it is possible that guard personnel stole M16s during the destruction exercise, there is no evidence of loss of accountability of serial numbered items (cannibalized lower receivers). Also, the condition of the weapons and related parts prior to destruction did not provide for future use. The Milgroup has conducted a check of all 11,522 M16A1s and the 124 M16A2s destroyed and found no matches against the serial numbers provided. Post Believes Weapons Likely Lost During War -------------- ¶8. (S) Comment: Post finds Romero's assessment, that the arms found in Honduras were lost during the war, to be the most likely scenario. During the intervening years, they could have been stored and maintained in El Salvador, Honduras, or Nicaragua. It is unlikely that these weapons were removed from ESAF stocks within the last year or so. This assessment is based on the reality that during the war, hundreds if not thousands of weapons were lost, and many more were probably hidden by the FMLN and former government soldiers after the war. Post is confident in the ESAF's current ability to control weapons stocks and prevent large-scale theft of the scale that would have been necessary to stockpile 174 M16A1s. End Comment. ¶9. (S) Translation of Minister's Second Report -------------- -- Begin Text: Secret SIPDIS Report Number 2 Subject: M16A1 Rifles Captured in Choloma, Honduras, April 15, 2005 Further to this subject, the following information is provided: One. In our inventories we have located M16A1 Rifle with serial number 5414938, which appears to be registered, but there is no backup documentation available. Two. With regards to the rifles with serial numbers 131390 and 133658, we have located them in a 17 July 1989 inventory; it is noteworthy that, although located, we do not physically posses the arms, nor do we posses documentation to substantiate their withdrawal from service or loss. Three. With respect the M16A1 with serial number 5402010, according to our records, it was destroyed in an aviation accident on September 28, 1998. With regards to the rest of the weapons, we will continue our investigation; however, the likelihood these were lost is very high, as would have happened during the armed conflict that took place in our country from 1980-1992. ¶10. (S) Translation of Minister's Third Report -------------- -- Begin Text: Secret SIPDIS Report Number 3 Subject: M16A1 Rifles Captured in Choloma, Honduras, April 15, 2005 Further to this subject, the following information is provided: One. In an inventory conducted in 1987, we have located M16A1 Rifle with serial number 134314, noted as unserviceable, but there is no backup documentation available. Two. With regards to the M16A1 rifle with serial number 5388749, we have located it in a 1991 inventory, but we have no additional records regarding its loss or destruction. Furthermore, following up on the M16A1 rifles with serial numbers 5360191 and 9604906, the likelihood these were lost is very high, as would have happened during the armed conflict that took place in our country from 1980-1992. ¶11. (S) DAO, ECON, Milgroup, ORA, and POL cleared this message. Barclay