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“This is War”: How the CIA Justifies Torture

By Frank Smyth on December 10, 2014

Editor’s Note: This piece by Frank Smyth on the use of “negative incentive” methods in Central America was originally published in our August 1987 issue, under the title “El Salvador’s Forgotten War.” From Frank:

The Senate Intelligence Committee report released this week concluded that the CIA engaged in the torture of terrorist suspects in the years following 9/11 without obtaining any significant intelligence information, contrary to claims by former U.S. intelligence and Bush administration officials. The panel concluded that the CIA techniques included waterboarding or nearly drowning suspects, prolonged sleep deprivation, and other techniques including making suspects wear diapers, putting insects in their cells, and subjecting detainees to mock burials.

The revelations have cast the United States in a harsh light 25 years after the end of the Cold War. But such techniques have been employed by U.S. intelligence agencies, in fact, going back even longer. In the 1980s, during the Reagan administration’s effort to repel Marxist guerrilla movements in El Salvador and Guatemala, and to ultimately help oust a leftist revolutionary government in Nicaragua, U.S. intelligence agencies agencies used similar tactics then against Marxist guerrilla suspects that they used two decades later against Islamist terrorist suspects.

U.S. intelligence officers coined such techniques as applying a “negative incentive,” using an Orwellian euphemism for torture that echoes that kind of double-speak like “enhanced interrogation techniques” employed by U.S. officials in the 2000s.

Below is my 1987 story in The Progressive about the use of torture by U.S. intelligence agencies in Central America. It has a personal resonance for me. I interviewed many torture victims in El Salvador and Guatemala in the 1980s. In 1991, I found myself in an Iraqi prison run by intelligence agents from the regime led by President Saddam Hussein, and listened night after night as they tortured Iraqis suspected of having tried to overthrow his regime.

Torture knows no political bounds. No matter who the abuser is, it is employed more often for revenge and deterrence than to gather information. It is abhorrent in all forms. It must be called by its proper name. And it must be resisted always. Torture by U.S. officials has done much harm to many human beings. It has done irreparable harm to us.”

The U.S. Congress, like the American mass media, seem notoriously in­ capable of focusing on more than one international troublespot at a time. A few years ago, all eyes were on El Salvador, its infamous Death Squads, and the U.S. Government’s role in sustaining a brutally repressive regime. Today the spotlight is on Nicaragua and El Salvador is all but forgotten, despite a resurgence of political violence and new evidence of U.S. com­ plicity in assaults on human rights.

“The democratic revolution has just begun,” President Jose Napoleon Duarte told the Salvadoran people in his third an­nual state-of-the-union address on June 1. But one day earlier, labor leader Julio Portillo was shot at an anti-government dem­onstration near San Salvador. Three days before that, the offices of the Co-Madres (Committee of Mothers and Relatives of Political Prisoners Disappeared) were de­molished by a bomb. And earlier in May, the tortured, headless body of peasant leader Antonio Hernandez Martinez was found in San Miguel.

Hernandez, Portillo, and the Co-Madres were active participants in a labor-led op­position coalition that has been challeng­ing the Salvadoran government to pursue genuine reforms and negotiate an end to years of insurgent warfare. Instead, the Duarte government has chosen to dismiss the opposition as a subversive communist front.

The murdered Hernandez Martinez was last seen being led off by government sol­diers on April 16. He had been on his way to arrange for a loan to his peasant co­ operative.

Julio Portillo, who heads a high-school teachers’ union, was leading a peaceful anti-government protest outside Mariona prison when he was struck by one of the shots directed at the protesters from the direction of the Salvadoran army’s First Infantry Brigade.

Duarte ignored these developments when he traveled in a heavily armored eighty-car convoy to deliver his state-of-the-union address in the small northern town of Sensuntepeque. He unveiled fifty- four new proposals to rebuild El Salvador and promised to open a dialogue with left­ist guerrillas, provided they first laid down their arms.

The Salvadoran government maintains that the Farabundo Marti National Lib­eration Front (FMLN) is prolonging the conflict. But classified CIA documents re­veal that it is Duarte’s U.S.-backed government that has no interest in ending the civil war. In fact, these documents—pre­pared by the Office of African and Latin American Analysis in coordination with the CIA’s Directorate of Operations—dis­miss Duarte’s previous call for peace, is­ sued last year, as a meaningless “public-relations gesture.” Salvadoran govern­ment officials “see little to be gained in a dialogue with the rebels while the Salva­doran military has the initiative in the war,” says a CIA report dated September 2, 1986.

The Salvadoran military say they can win the war, and U.S. authorities believe the government has taken the upper hand. “Although they have not been decisively beaten,” the September CIA report states, “the guerrillas, in our view, no longer have the capacity to launch and sustain major offensives.”

Such assessments have often been made in the course of the eight-year-old conflict, and they have always turned out to be un­founded. Early this spring, at a time when the insurgents were believed to be in de­cline, the FMLN mounted a surprise at­tack on an army garrison at El Paraiso, killing sixty-nine government soldiers and one U.S. Army Special Forces adviser.

The FMLN has expanded its opera­tions to all fourteen provinces of El Sal­vador, increasing the likelihood that the struggle may continue for many years. The conflict has already claimed some 60,000 lives—more than 1 percent of the Salva­doran population.

Duarte, who has neither the will nor the power to oversee an end to the war, did offer two symbolic concessions in his June 1 speech: He said that he would allow sev­enty-eight wounded rebels to leave the country for medical treatment and that he might grant amnesty to 400 political pris­oners. At the same time, however, he re­jected out of hand a bold new FMLN peace initiative.

Three days before Duarte’s speech at Sensuntepeque, the FMLN had proposed to enter into direct negotiations with the government on July 15. Their offer in­cluded pledges to stop using land mines and to suspend their campaign of eco­nomic sabotage in exchange for an end to aerial bombing by the government and a halt of summary executions by both sides.

Guerrilla-planted mines cause up to 70 percent of government casualties and are, along with the economic-sabotage cam­paign, the insurgents’ most effective weap­ons. Government bombing missions are targeted on areas of high rebel activity, but most casualties are inflicted on civilians rather than FMLN fighters. The steps pro­posed by the FMLN would, therefore, go a long way toward reducing civilian cas­ualties.

But the Salvadoran government, backed by the United States, is interested only in a military solution. The Reagan Admin­istration has tried to make El Salvador a showcase for containment of communism in the Hemisphere, and has undertaken highly publicized steps to “professional­ize” the Salvadoran military.

In 1981, when unarmed civilians were being murdered at the rate of thirty-five a day, the U.S. Joint Chiefs of Staff sent Brigadier General Fred Woerner to con­duct a survey of the Salvadoran armed forces. His report, which called for the ex­pansion, equipping, training, and modern­ization of the Salvadoran military, set the tone for Reagan Administration policy toward El Salvador.

However, State Department sources confirm there was considerable friction within the Administration over its indif­ference to human-rights considerations. Under mounting pressure from church and human-rights groups, the Administration began in 1983 to express concern over the operations of the Salvadoran Death Squads.

“The idea,” says a former State Department official, “was to play by their rules”—”their” meaning such human-rights organizations as Amnesty International and Americas Watch, which had long crit­icized U.S. policy. Congress, mindful of El Salvador’s blatant disregard for human rights, had blocked or reduced Adminis­tration requests for an escalation of mili­tary aid. However, the new training effort undertaken by the U.S. Government was directed less at restoring human rights than at developing more sophisticated forms of interrogation.

The first group of 470 Salvadoran of­ficer cadets received training in a three-month course at Fort Benning, Georgia, in 1982. Another 600 arrived in 1983, fol­lowed by even more in 1984. Additional units, particularly elite battalions, were trained at Fort Bragg, North Carolina, and smaller units received special instruction at the U.S. Southern Command in Pan­ama. In 1985, 250 Salvadoran military personnel were sent to the Pentagon’s Re­gional Training Center in Tegucigalpa, Honduras. Last year, training shifted to a new center in La Union, El Salvador.

A Defense Department spokesman, Marine Captain Jay C. Farrar, said it is “highly doubtful” that these courses of­fered instruction in abusive interrogation techniques. But according to U.S. Army Special Forces advisers formerly stationed in the region, small courses for selected Salvadoran soldiers regularly included training in “negative-incentive” methods.

“Torture in El Salvador,” Americas Watch reported last year, “consists in­creasingly of physical abuse that does not leave physical marks, such as the capucha (hood to suffocate) and immersion in filthy water. . . . The most prevalent forms of abuse of detainees at present are sleep dep­rivation, food deprivation, and threats against family members. These practices, like the capucha and immersion, leave no physical marks.” State Department sources say abuse of this kind now occurs in about 20 percent of all prisoner interrogations.

A Pentagon intelligence officer who spoke on condition that his name not be published said such techniques “are ex­actly the kind of thing that the Special Forces are teaching in El Salvador.” He added that methods inappropriate for use by the police in the United States can be justified in El Salvador because “this is a war and a different situation.”

Even as the use of “negative-incentive” techniques has increased, blatant physical abuse continues. Few armed guerrillas have ever been taken prisoner, and it is gener­ally assumed that they are executed when captured in the field. According to former U.S. advisers, Salvadoran officers com­plain that they don’t have time for lengthy interrogations on patrol.

Military intelligence documents sent from El Salvador to Washington give an indication of how interrogations are con­ducted in the field. In mid-1985, three combatants of the FAL—a guerrilla group led by the Salvadoran Communist Party—were captured coming off the Guazapa Volcano near the capital. The interroga­tors were able to learn the pseudonyms of about thirty members of that guerrilla unit, their titles and functions, and the pseu­donyms of the three clandestine operatives who had recruited the prisoners.

The documents explain, in euphemistic terms, the interrogation of one combatant: “In the beginning he didn’t say much, due to his companeros who had told him that the FAL would beat or kill him [if he talked]. But once he saw that this was false, he opened up a little more.” The prisoner, it seems clear, was persuaded that his cap­tors would inflict greater harm if he didn’t talk than his comrades would if he did.

One goal of Reagan Administration policy is to avoid the kind of wholesale slaughter that used to lead to questions in Congress and public protests. But if the Duarte government’s current policy of selective repression were to fail to keep the domestic opposition un­der control, the military might resort to more obvious methods. Indeed, five un­armed alleged “FMLN collaborators” were murdered by the army’s Arce Battalion on May 22, their bodies thrown into a well.

CIA analysts fear the FMLN is trying to provoke violence between civilians and security forces, and have expressed con­cern that in the future the military may exercise less restraint: “Increasing violence will fuel the insurgency by alienating Duarte’s primary constituencies in the lower middle classes and the urban poor, or by provoking a coup and military crack­down.”

The extreme Right continues to play an active role in Salvadoran politics. Ultra-conservative parties, backed by the coun­try’s intransigent private sector, control El Salvador’s supreme court. For four months earlier this year, they boycotted the legis­lative assembly, which is dominated by Duarte’s Christian Democrats. A new rightist organization, the Movement for National Action, has entered the fray, call­ing for Duarte’s resignation and berating the military for failing to crush the insur­gents.

In the past, such rhetoric has preceded the unleashing of new Death Squad offen­sives. In fact, one of El Salvador’s notor­ious right-wing Death Squads resurfaced on June 16. The Maximiliano Hernandez Martinez Brigade accused fourteen teach­ers and students at the National Univer­sity of having guerrilla links, and gave them forty-eight hours to leave the country.

The ultraconservatives enjoy backing within the armed forces, especially among U.S.-trained oficiales de la guerra (war of­ ficers), including Colonel Sigfrido Ochoa, former commander of the Fourth Infantry Brigade in Chalatenango, and Colonel Mauricio Staben of the Arce Battalion. For these officers, there is no distinction be­tween the insurgents and the domestic po­litical opposition.

That may explain why opposition po­litical figures have come under violent po­litical attack in recent months, and why Duarte’s effectiveness has been markedly reduced. In the past few months, the mil­itary has grown increasingly independent in El Salvador, and another round of po­litical violence may be in the offing. •

Frank Smyth, a freelance writer in Wash­ington, D.C., has reported from El Salva­dor.

– See more at: http://www.progressive.org/news/2014/12/187936/war-how-cia-justifies-torture#sthash.MQpg3p8Q.dpuf

“Is Weller’s Beach an Ethics Breach?”

 

Jerry Weller, the 11th District representative who’s up for reelection in November, has some explaining to do. As I wrote in an August 25 cover story, “The Congressman and the Dictator’s Daughter,” he’s already raised questions about whether he has a conflict of interest because he’s refused to step down from the House of Representative’s influential Subcommittee on the Western Hemisphere even though he’s married to Zury Rios Sosa, a third-term legislator in Guatemala. Since then, I’ve discovered that the congressman, a Republican whose district encompasses parts of the south suburbs, hasn’t revealed the value of any of the wedding gifts he and Sosa received when they were married two years ago in Guatemala. Such gifts are supposed to be listed on the publicly-available financial disclosure forms congressmen file every year, but the House Ethics Committee routinely grants waivers, and Weller got one. Still, his request raises questions, because Sosa is the daughter of former dictator Efrain Rios Montt and the second most powerful person in the party he heads, so lots of people may have wanted to give the couple something very nice.

More troubling, I’ve also learned that Weller owns several pieces of property in Nicaragua, some of which he’s disclosed to Congress as required by its rules—and some of which he apparently hasn’t.

Weller seems to have bought his first Nicaraguan lot four years ago, somewhere in the coastal township of San Juan del Sur, a two-and-a-half-hour drive from Managua. Then a fifth-term congressman, he went to Nicaragua in January 2002 with other members of the House Ways and Means Committee to attend a presidential inauguration, and he seems to have bought the property sometime afterward. At the time land was still relatively cheap—Nicaragua’s the poorest nation in the hemisphere after Haiti. But cruise ships were already docking nearby, and investors had started buying up beachfront property. It’s not clear how much Weller paid for the undeveloped lot, but on his financial disclosure form, which congressmen are required to file by the Ethics in Government Act, he listed it in the assets section and checked the box indicating that it was worth $50,000 to $100,000.

Within a year, Weller had joined the House International Relations Committee and its western hemisphere subcommittee, whose main focus is Latin America. In August 2003, he and other committee members went to Guatemala to discuss issues such as expanding trade relations and curbing drug trafficking and money laundering, and that’s when he met Sosa. Eleven months later, they announced their engagement.

In the months before the announcement, Weller began shuffling his assets. According to his financial disclosure form for 2004, that January he bought a Chicago high-rise condo at 1335 S. Prairie worth $500,000 to $1 million, and in April, he sold a Capitol Hill rental property worth $250,000 to $500,000. Three days after that he bought a second undeveloped lot in Nicaragua’s San Juan del Sur township, this one on Coco Beach, a stunning stretch of white sand and surf. On the disclosure form he listed it as being worth $50,000 to $100,000.

Weller married Sosa that November, making him the first member of Congress ever to have a spouse serving in a foreign government. A month later, he wrote a letter to the House Ethics Committee asking for a waiver of the “financial rules for the reporting of gifts given in celebration of my November 20, 2004, wedding.” The Ethics in Government Act states that all gifts above a “minimal value” ($305 in 2005) must be reported. As the 1977 commission recommending the act’s rules wrote, “The objectives of financial disclosure are to inform the public . . . in order to increase public confidence in the integrity of government and to deter potential conflicts of interest.” The rules allow congressmen to ask for a waiver for wedding (and baby) gifts, though it’s not clear why, since if there’s ever a good time to butter up a congressman it’s his wedding day.

At any rate, waivers are usually requested before an event, and the rules note that requests made after an event “should include, at a minimum, a description of each gift for which a waiver is requested, including its market value, and the identity of the donor,” though this information isn’t made public. “Obviously if there is an extravagant gift of a large amount of money, the ethics committee should look at it and then decide whether it should be disclosed,” says Meredith McGehee, policy director of the nonpartisan watchdog group the Campaign Legal Center. Weller’s letter, which is public, doesn’t describe any gift, its value, or its donor. He could have provided a separate list of gifts, though current and former congressional staffers familiar with the workings of the ethics committee say the people who routinely review such lists never saw one from him.

In March 2005, the committee’s chairman, Republican Doc Hastings, and the ranking Democrat, Alan Mollohan, formally granted Weller a waiver. Spokesmen for both congressmen declined to comment. Written in the section of Weller’s 2004 disclosure form where gifts are to be listed is “none.”

According to his disclosure forms, in September 2005 Weller, by then vice chairman of the western hemisphere subcommittee, sold his Chicago condo and the next day bought a new home in Morris, his official residence in his district. And that December he bought another undeveloped lot on Coco Beach, which he listed on the forms as worth $50,000 to $100,000.

I couldn’t obtain any Nicaraguan records for the 2002 lot Weller bought, so it’s not clear how big it is or what exactly he paid, though on the disclosure form for 2004 he checked the box indicating that the property had gone up in value, to between $100,000 and $250,000. I did obtain records—all publicly available—for other Nicaraguan properties that bear his full name, Gerald Craig Weller, and passport number and list him as a U.S. citizen; one also states that his “legal residence is in the state of Illinois.”

According to the notarized bill of sale, the second lot Weller bought, in April 2004, was 13,029 square meters, for which he paid roughly $3,150 (or 24 cents a square meter). He listed it on his 2004 disclosure form as worth $50,000 to $100,000, and on the form he filed in May 2006 for 2005, he listed it as still worth the same amount. The notarized bill of sale and property title for the third lot—19,884 square meters bought in December 2005—show that he owns only a 50 percent interest in the land, having bought it with two partners. They paid $174,044 for the lot, or $8.75 a square meter, and Weller listed his share’s value as $50,000 to $100,000 on his disclosure form for the year.

Other documents, all from 2005, show that Weller bought two more lots in Nicaragua—neither of which is listed on his disclosure form for that year. A notarized bill of sale shows that Gerald Craig Weller—with the same passport number listed on documents for property he’s disclosed to Congress—bought a fourth lot, again on Coco Beach, in March 2005, a little over three months after his wedding.

Earlier this month I called the municipal office where property documents are held in San Juan del Sur and spoke to a man who works with expatriates and other foreigners buying land in the area. He said undeveloped land on Coco Beach was going for between $50 and $70 a square meter. I asked if the properties owned by Congressman Jerry Weller were worth the same, and he replied, “Yeah, more or less about that.” Local real estate agents told me undeveloped property on Coco Beach goes for up to $80 a square meter.

Using the low-end figure of $50 a square meter, the fourth lot, which is 7,960 square meters, would be worth $398,000 today. Another notarized property title shows Gerald Craig Weller buying a fifth lot in April 2005, another undeveloped parcel on Coco Beach totaling 1,200 square meters; at $50 a square meter it would be worth $60,000.

Yet another notarized property title shows that in February 2005 Gerald Craig Weller sold a sixth lot somewhere in the township of San Juan del Sur—there’s no indication of when it was bought or what he paid. It’s 1,699 square meters, so today it would be worth at least $85,000. No income from such a sale appears on the disclosure form Weller filed for that year or in the amended form he filed in August 2006, though the forms do note the sale of the parking spot that went with his Chicago condo.

Not disclosing information that’s required by the Ethics in Government Act isn’t wise. You can get hit with civil penalties of up to $11,000 and with further fines and up to five years in prison under the False Statements Accountability Act of 1996. Plenty of congressmen report the money they make buying and selling expensive pieces of property on their disclosure forms, so it’s hard to understand why Weller would have reported some of his purchases and sales but not others. He wouldn’t have had to report the three undisclosed properties if they were covered by a blind trust, but he checked the box saying he had no blind trusts in 2005. He wouldn’t necessarily have had to report them if they were owned by his wife, but the titles for the properties don’t mention her. And even if the lots had in some way been part of a wedding gift, they wouldn’t be covered by the waiver he got. As the ethics rules note, “The grant of a gift rule waiver by the Committee does not waive the requirement for reporting certain gifts on Schedule VI of one’s annual Financial Disclosure Statement.” Ken Gross, former associate general counsel of the Federal Election Commission and an expert on the Ethics in Government Act and Senate and House ethics rules, says, “There’s a schedule for reporting of gifts, and then there’s an asset schedule—and those are two different things.”

There may be a good reason three of Weller’s Nicaraguan lots don’t appear on his disclosure forms, but the only person who can say is Weller. I called his office last week to ask him to comment and wound up with his campaign manager, Steven Shearer. I explained I had reason to believe Weller owned more property in Nicaragua than he’d disclosed, and Shearer said he’d get me the number for Weller’s lawyer.

Having heard nothing, I called Shearer back on Monday and asked if Weller had any comment. “He has three properties down there and has filed three properties,” Shearer said, after again promising to get me the lawyer’s name and number. “But that’s it.”

“So beyond those properties, he’s denying that he owns any others?” I asked.

“That’s correct,” he replied.

I called Shearer back later that afternoon and said I wanted to be sure it was clear I had documents showing that Weller owned six properties, only three of which were listed on the disclosure forms.

“I wouldn’t know about that,” Shearer said. “His attorneys help him file his disclosure forms, and they’ll have to answer those questions.” He said he’d get me a name and number.

On Tuesday at 5:30 PM eastern time Shearer finally called and gave me the number of Jan Baran, of Wiley Rein & Fielding in Washington, D.C. Baran was still in his office. When I asked about Weller’s undisclosed properties he said he couldn’t comment because of the attorney-client privilege, adding, “I don’t know why Mr. Shearer would have referred you to me.”