Salvadoran Archbishop Fires Lawyer Representing the Romero Case

" You can tell the people that if they succeed
in killing me, that I forgive and bless those
who do it.  Hopefully, they will realize they are
wasting their time. A bishop will die, but the
church of God , which is the people, will never
perish."   Archbishop Oscar Romero

Archbishop Sáenz Lacalle called for the firing of lawyer in charge of the Romero case, David Morales upon his return from a hearing with the Inter-American Commission on Human Rights, (IACHR). In this meeting on October 10, the Salvadoran State said that they had been meeting confidentially with members of the Archdiocese about the Romero case. They presented these meetings as evidence of their good faith effort to comply with the IACHR’s ruling in 2000. Morales expressed his concern in the hearing that the Salvadoran government was looking to make a deal with the Catholic Church in the case. Such an agreement is outside of the recommendations of the IACHR.

In 2000, the IACHR advised the Salvadoran State to undertake a complete, impartial, and effective judicial investigation to identify, try and punish all direct perpetrators and planners of the violations established in their reports on the Romero case; to make reparations for all the consequences of the violations set forth, including payment of just compensation; Adapt Salvadoran Law to the guidelines of the American Convention, which would nullify the General Amnesty Law put into place in 1993.

As of today the government has not complied with their recommendations. Instead they have opened a dialogue with the church, asking for a meeting on behalf of the chancellor’s office with the Archbishop Sáenz Lacalle, to discuss the Romero case. The first meeting took place on October 4 of this year, with the representatives of both the Archbishop’s and the Chancellor’s office. The second meeting took place on October 7 with the vice chancellor, Eduardo Cálix, representative of Archbishop Sáenz, Monsignor Richard Antall, Lawyer in charge of the case, David Morales and Juan Daniel Guzman also from the archbishop’s office. The Archbishop and the Chancellor did not participate in either of these meetings.

Morales told elfaro.net, that in both occasions the government representatives insisted that the Salvadoran State would not accept responsibility for the killing of Romero nor were they willing to annul the general Amnesty Law put in place in 1993. Salvadoran representative, Abigail Castro de Pérez told the Organization of American States that “Monsignor Sáenz Lacalle said we should think what is best for the common good… If we don’t maintain the validity of the General Amnesty Law we would be acting against the common good of our country.”

Why was Morales Fired?

After the hearing in Washington D.C. , the Archbishop called for David Morales to be fired. The church declares that Morales was fired for disloyalty. They maintain that it is an internal matter which they will not discuss with the public. Ovidio González, Director of the Human Rights Office of the Archdiocese, supported Morales even after he was fired. González asked the Archbishop to reconsider his decision, affirming that legally Morales was obligated to say what he said in front of the IACHR.

On October 11 Archbishop Sáenz Lacalle made a public statement, “We regret that the position of the Archdioceses Office of San Salvador was not effectively transmitted on October 10 in Washington, D. C. The dialogue in search of a true peace is ongoing. The memory of Monseñor Romero demands respect, patience, responsibility and a strong commitment to work for peace in our beloved El Salvador ”

Morales did not keep silent. He released a public statement on October 24 stating “Now I understand that the “loyalty” expected by the Archbishop of San Salvador meant my silence before the Commission with regards to the contempt {of the IACHR ruling} by the State. But such silence would have been automatically converted into my largest act of disloyalty to the truth, to the principals of the international law of human rights, and to the humanitarian legacy of Monsignor, Arturo Rivera Damas and Maria Julia Hernández, and to the many other distinguished works that they constructed.”

Archbishop Speaks Out

On October 29, Archbishop Sáenz Lacalle insisted in a press conference that the Archdiocese is not negotiating in the case of the assassination of Monsignor Romero. He clarified that the political party, National Republican Alliance, (ARENA) will have to pay for the assassination of Monsignor Romero.

Before the press conference a group of people started to form outside of the Cathedral. Holding signs and banners, the people demanded that those guilty of assassinating Monsignor Romero receive full punishment of law. They insisted that Archbishop Sáenz Lacalle not play into the governments’ games.

Monseñor Romero’s Case

Archbishop Romero was killed in San Salvador on March 24, 1980 , while celebrating mass. He had spoken out against and documented human rights violations perpetrated by paramilitary groups organised by Roberto D’Aubusson, founder of the ARENA Party. These killings were sanctioned by the state. In his weekly homilies, broadcasted on national radio, Monsignor Romero urged both the left and right to look for peaceful resolutions. A day before his death, the Archbishop demanded that the soldiers end the bloodshed.

In 2003, the Center for Peace and Justice filed a civil lawsuit against, Alvaro Saravia, a former captain of the Salvadoran Air Force who was then residing in the USA . A Federal Judge in California found Saravia liable for his part in the 1980 murder of Archbishop Oscar Romero in San Salvador . He was ordered to pay $10 million in the compensatory and punitive damages to the unnamed plaintiff. The Judge ruled that the murder constituted a “crime against humanity,” that the Salvadoran government had systematically obstructed justice. The court named Roberto D’Aubuisson, founder of ARENA, the ruling political party in El Salvador , as the author of Romero’s assassination.

After the Peace Accords were signed in 1992 and the official war had ended, the rightwing party ARENA who controlled government put into effect a General Amnesty Law, giving impunity to all war criminals. However in the United States that law does not apply. This is how the Center for Justice and Accountability was able to prosecute Saravia.

Today in El Salvador people are calling for an end to the Amnesty law. Addressing the crowd in a Human Rights Conference last week, Morales said, people on both the left and right need to be held accountable for the crimes that were committed in order for our country heal and move forward in peace.