SALVADORAN LAW ENFORCEMENT OVERWHELMED BY VIOLENTSTREET

C O N F I D E N T I A L SAN SALVADOR 002249 SIPDIS SIPDIS E.O. 12958: DECL: 10 YEARS TAGS: ASEC PGOV PINR PINS KCRM KJUS ES SUBJECT: SALVADORAN LAW ENFORCEMENT OVERWHELMED BY VIOLENTSTREET CRIME Classified By: DCM Michael A. Butler for reasons 1.4 (b) & (d) 1.(C) Summary: During a recent meeting with emboffs, Civilian National Police (PNC) Director Rodrigo Avila acknowledged that the PNC is struggling to address adequately El Salvador's spiraling violent crime. Although the police are trying to combat street crime with a mixture of preventative public security and ongoing criminal investigations, an inefficient and often-corrupt criminal justice system prevents these measures from achieving results. Furthermore, since budgetary constraints and inadequate recruitment and retention of new officers prevent increasing the police ranks, the Director is now focused on simply retaining his current officers. Although a laudable effort, the PNC needs more (and far better-trained) police officers to provide sufficient public security to deter the present violent street crime wave. Avila outlined that he has recently requested that Salvadoran soldiers provide a supporting role to police units in the crime-riddled city of San Miguel. End Summary. Addressing Violent Street Crime -------------- ¶2. (C) The PNC combats street crime with a mixture of preventative public security and criminal investigations, although lack of manpower usually entails a greater focus on the latter. Unfortunately, even the most thorough and professional investigations often fail to remove criminals from the streets because of shortcomings in all components of the criminal justice system: the police, Attorney General's office, and the courts. As a result, police are struggling to counter violent street crime such as extortion of public transportation workers, armed assaults, armed robbery, and homicides. Gangs continue to extort and kill uncooperative bus drivers in record numbers, and have recently turned to setting buses on fire after robbing the occupants. Public confidence is so low that the bus drivers' union is reportedly negotiating directly with gang leaders to establish an acceptable "tax" for transiting gang territories. Leading dailies report that neighborhood watch organizations are being formed to counter the threat from gangs, and there are even unconfirmed reports of cases in which criminal gang members were subject to extrajudicial execution. Criminal Investigations not a Deterrent to Street Crime -------------- -------------- ¶3. (C) El Salvador's anachronistic and inefficient criminal justice system is poorly equipped to dismantle the gangs who are responsible for nearly all violent street crime. Unless a police officer witnesses a crime in progress, the victim must file a formal, public complaint with the prosecutor's office before the PNC can initiate an investigation. Victims are loath to file a complaint for fear of retribution from the gangs; witnesses fail to appear for the same reason. The Embassy prodded the National Assembly to finally pass a Witness Protection Law in the last legislative session, but the witness protection program is only partially funded, and the office overseeing the program has yet to be organized. Witness protection efforts have been unable to resolve the conflict between the right of a defendant to confront his accusers and the threat to witnesses who testify at trials. El Salvador does not have a uniform code of evidence, with the result that judges can refuse to accept valid evidence against the accused without fear of being overturned by a higher court--even overwhelming evidence often does not result in conviction. When conviction is achieved, there is often nowhere to incarcerate the prisoner in El Salvador's prison system, which is now 35 percent above its designed capacity. As a result, common criminals are often back on the street the day after their arrest. More Public Security Needed -------------- ¶4. (C) In view of the failings of the criminal justice system, PNC Director Avila understands that the best way to attack crime in El Salvador is to prevent it from occurring in the first place. At his request, the Army recently dispatched 500 soldiers to San Miguel to augment police patrols; the Army promised another 1,500 soldiers for nationwide deployment, but Avila (protect) is unsure if they will follow through. Avila realizes that strengthening the PNC with military forces is a temporary and unsustainable means of enhancing public security. Although he would like to increase police ranks, additional recruitment is not included in the current budget, so Avila is instead focusing on retention. From January to August 2006, the PNC graduated 534 cadets from its police academy, while simultaneously losing 572 officers for various reasons (307 resigned; 221 fired for corruption; 39 incarcerated; 8 died in the line of duty). Those who resigned went to work in the private sector, or illegally immigrated to the U.S. In order to retain more officers, Avila plans to increase salaries for mid and senior level officers, provide medical and dental care for officers and their families, and construct a country club for officers and their families. Only the salary increases have been funded thus far. Comment -------------- ¶5. (C) El Salvador's weak criminal justice system limits the effectiveness of criminal investigations in addressing street crime. Emboffs are working with members of the National Assembly to elaborate a major anti-crime bill which would include RICO legislation to go after the maras more effectively as well as an asset forfeiture law to allow seizure of organized crime assets. Separately, emboffs are also working directly with Avila and the PNC to devise creative operational approaches to reduce the ability of mara leadership to direct criminal activity from the prisons. Separately, the GOES will have to make some tough budgetary decisions to provide the PNC with the resources needed to hire and train more officers capable of providing greater public security. Barclay