EL SALVADOR: NEW HUMAN RIGHTS OMBUDSMAN REPLACES

C O N F I D E N T I A L SAN SALVADOR 001264 SIPDIS SIPDIS E.O. 12958: DECL: 06/27/2027 TAGS: ES PGOV PHUM PREL SUBJECT: EL SALVADOR: NEW HUMAN RIGHTS OMBUDSMAN REPLACES CARRILLO REF: A. 2004 SAN SALVADOR 3558 ¶B. 2005 SAN SALVADOR 547 ¶C. 2005 SAN SALVADOR 2542 ¶D. 2006 SAN SALVADOR 450 Classified By: Ambassador Charles L. Glazer, Reasons 1.4 (b) and (d) ¶1. (C) SUMMARY: The Political Commission of the Legislative Assembly voted June 27 to tap Oscar Humberto Luna as the country's new Human Rights Ombudsman (PDDH),replacing two-term incumbent Beatrice Carrillo. Luna's selection marked a rare show of cooperation across the aisles in a Legislative Assembly that has thus far been characterized by entrenched polarization and gridlock. Carrillo's replacement by Luna, a respected center-left legal scholar, returns credibility to the PDDH, and bodes well for the continued consolidation of the nation's democratic institutions. END SUMMARY. ¶2. (C) Following a May 7 deadline for nominations, the Assembly narrowed the list of PDDH candidates to five. Beatrice Carrillo was openly eager in pursuing a third term; in addition to Carrillo and Luna, the list included alternate Supreme Court Justice German Alvarez, juvenile judge Aida Santos de Escobar, and attorney Juan Jose Zaldana. (Note: In 2001 Zaldana was chosen to be PDDH by the Legislative Assembly, but he was dismissed from consideration after the influential Monsignor Tobar Astorga, Bishop of Zacatecoluca, phoned party leaders and implored them to reject Zaldana due to issues in his personal life with which Tobar Astorga took exception. End note.) Ironically, Alvarez's center-right orientation as a Supreme Court justice doomed his candidacy in ARENA's eyes; the ruling party feared that his departure from the Court might upset its delicate judicial mathematics. ¶3. (C) Although all parties carefully avoided any sharp public criticism of Carrillo, her eccentric behavior and flamboyant style had cost the PDDH credibility in recent years. Following the November 2004 murder of Salvadoran-American labor activist Gilberto Soto, Carrillo asserted that suspects' confessions had been extracted via torture, although independent medical exams quickly showed these charges to be false (reftel A). Credible allegations later arose of attempts by PDDH officers to suborn key witnesses in an attempt to paint the murder as having been politically motivated (reftel B). Despite a thorough investigation that yielded a preponderence of evidence implicating the victim's mother-in-law, an Usulutan sentencing judge with ties to Carrillo ultimately freed all but one suspect (reftel D). Carrillo's unabated criticism of ARENA and the Saca administration often bordered on the bizarre; she was virtually the sole critic of the government's emergency services preparations for Hurricane Adrian in May 2005, which she dismissed as "political grandstanding". When a red tide killed a number of sea turtles in January 2006, Carrillo cited it as yet another failure of the Saca administration. Carrillo was a constant and outspoken opponent of virtually every USG initiative in the region, including CAFTA-DR, the International Law Enforcement Academy (ILEA),and--at least initially--the Millennium Challenge Account (MCA) project. ¶4. (C) Carrillo was also a poor steward of the PDDH's limited resources, frittering away considerable sums in often self-congratulatory large ads in leading dailies, and marking the release of routine reports by renting ballrooms at luxury hotels and laying on lavish hors d'oeuvres and drinks. In September 2005, Carrillo was formally charged by the Court of Accounts with diverting US$26,000 in PDDH funds, including the assignment of six vehicles for her personal use and a monthly gasoline subsidy of $2,800--then equivalent to more than 800 gallons (reftel C). During the Assembly's recent interviews of PDDH candidates, the union representing PDDH employees, ASEPRODEH, pleaded with deputies to select anyone but Carrillo, in view of such irregularties in her management of the institution's resources. ¶5. (C) Notwithstanding their mild public comments of appreciation for Carrillo's work, Luna appeared to be ARENA's first choice from the beginning; his impeccable credentials included his tenure as counselor with the National Judicial Council and membership in the prestigious Juridical Study Center. The FMLN was somewhat more effusive in its praise for Carrillo's work, but early on their attention began to shift toward Santos de Escobar, who has supported FMLN policies since her failed 2000 bid to be elected PDDH. In view of the Catholic Church's objections to Zaldana, he was likely never considered a finalist by center-right ARENA and PCN deputies. Given the unacceptability of FMLN sympathizer Santos de Escobar to ARENA, the FMLN ultimately came to recognize that Luna offered the best opportunity to achieve consensus. The Legislative Assembly on June 28 formally confirned Luna's selection with 79 votes in favor and the abstentions of five PDC deputies, after which the 57-year-old Santa Ana native was sworn in. ¶6. (C) COMMENT: The replacement of Carrillo was long overdue; her politicization of the PDDH, poor management, and erratic histrionics had robbed credibility from an institution crucial to El Salvador's postwar evolution. Unconfirmed reports indicate that Carrillo is eyeing the position of Rector of the National University (UES),where the venerable incumbent, Isabel Rodriguez, is retiring after a lengthy tenure. The position would appear to offer a political environment and public attention in which Carrillo would thrive. Meanwhile, the well-qualified Oscar Luna will roll up his sleeves and get down to the serious work of rebuilding the PDDH. END COMMENT. Glazer