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Justice in El Salvador - A Report by the Lawyers Committee for International Human Rights on the Investigation Into the Killings of Four US Churchwomen

NCJ Number
90987
Journal
Columbia Human Rights Law Review Volume: 14 Issue: 2 Dated: (Fall/Winter 1982-83) Pages: 191-230
Author(s)
M H Posner; R S Greathead
Date Published
1983
Length
40 pages
Annotation
More than 2.5 years after the murders of four United States churchwomen (Ita Ford, Maura Clarke, Jean Donovan, and Dorothy Kazel), the Government of El Salvador remains unwilling or unable to bring those responsible to trial.
Abstract
The murders occurred on Dec. 2, 1980. Although the State Department's January 1983 certification report makes note of 'significant developments' in the case, judged by any reasonable standard the record reveals almost no real progress and a shocking pattern of official indifference, incompetence, and ill-will. At this juncture, it is difficult to imagine that anyone will ever be convicted and punished. The attitude of Salvadorean authorities is perhaps best illustrated by the prosecutors' activities. The prosecutors have not developed a theory as to the motive for the crime or what the defenses are likely to be. Although they concede that 'acting on higher orders' could be a defense, they continue to ignore existing evidence that there were orders from superiors to apprehend the women. Both United States and Salvadorean authorities are purposely ignoring significant evidentiary leads that point to the involvement of higher authorities. There is now evidence in the court's record that, on the night of the killing, the five accused former guardsmen were acting under 'superior orders' to detain the four women. This evidence is simply not being pursued. Despite obvious deficiencies in the investigation and prosecution, the U.S. Government continues to cite 'significant developments' and progress in the case. In doing so, it continues to reject evidence indicating that higher military officials ordered the crime and covered it up. In addition, U.S. Government agencies continue to resist efforts by the families of the churchwomen to obtain documents from the agencies relating to this case. These four killings have become symbols of the demand to respect human life and human rights in El Salvador. A total of 142 notes are provided. (Author summary modified)