EL SALVADOR: LEGISLATIVE ASSEMBLY REMOVES IMMUNITY OF CONGRESSMAN ON MONEY LAUNDERING CHARGES

id: 87668
date: 11/30/2006 17:18
refid: 06SANSALVADOR2872
origin: Embassy San Salvador
classification: CONFIDENTIAL
destination: 06SANSALVADOR2238|06SANSALVADOR2371
header:
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PP RUEHWEB

DE RUEHSN #2872 3341718
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P 301718Z NOV 06
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC PRIORITY 4556
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RHMCSUU/FBI WASHINGTON DC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY
RUEABND/DEA HQS WASHINGTON DC PRIORITY

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C O N F I D E N T I A L SAN SALVADOR 002872
 
SIPDIS
 
SIPDIS
 
E.O. 12958: DECL: 11/30/2016
TAGS: SNAR, EFIN, PGOV, KCOR, ES
SUBJECT: EL SALVADOR: LEGISLATIVE ASSEMBLY REMOVES IMMUNITY OF CONGRESSMAN ON MONEY LAUNDERING CHARGES
 
REF: A. SAN SALVADOR 2238
     B. SAN SALVADOR 2371
 
Classified By: Charge Michael A. Butler. Reasons 1.4 (b) and (d)
 
1.  (C)  On November 29, the Salvadoran Legislative Assembly
voted 82-0 to remove the immunity of Alternate Deputy Roberto
Silva Pereira (National Conciliation Party - PCN) to allow
for his prosecution on money laundering and bribery charges.
The removal of Silva's immunity came two days after a Special
Assembly Commission, composed of ten deputies from the five
political parties represented in the Assembly, unanimously
recommended that removal of Silva's immunity be brought to a
floor vote before a special session of the Assembly. The work
of the Commission concluded just within the 60 day limit for
consideration (ref. B).  The only deputy absent from the vote
was Elizardo Gonzalez Lovo (PCN), to whom Silva serves as
alternate.  A separate Special Commission is reviewing the
case of Mario Osorto (ARENA party),  current deputy to the
Central American Parliament (PARLACEN) and former mayor of
the eastern city of La Union.  Osorto, who was closely tied
to some of Silva's business deals, is expected to lose his
immunity and be prosecuted as well.
 
2.  (C)  The vote by the Assembly allows for the judicial
proceedings against Silva to continue. Silva's next step will
be to face trial before a San Salvador First Instance
criminal court.  Attorney General (Fiscal) Garrid Saffie
(strictly protect) told Polcouns late November 29 that his
office would not move to arrest Silva at the Assembly
following the plenary vote, as many had speculated.  Instead,
Saffie said he would avoid creating a circus-like atmosphere
and would, instead, wait until the First Instance judge
charged with the case received notification from the National
Assembly that Silva's immunity has been removed.  Saffie
predicted Silva's arraignment would take place on/around
December 1.  Asked whether he had a strong case against
Silva, Saffie affirmed he has a very solid case, but feared
that Silva may have already tried to bribe several judges.
Polcouns reminded Saffie that a lot of people will be
following the Silva and Osorto cases to see if El Salvador is
serious about attacking political corruption.  Saffie agreed
and said he would put all his resources behind the
prosecution.
 
3.  (C) COMMENT: The Legislative Assembly's move to strip the
privileges of one of their own is a historic step in that no
National Assembly members in recent history have had their
immunity removed, even in the most serious cases of criminal
misconduct.  In this instance, the National Assembly decided
to send a strong message against impunity and corruption
despite the fact that evidence uncovered in the Silva trial
will likely lead to future prosecutions of ARENA, FMLN, and
PCN present and former mayors. For its part, Post did not
pass opportunities to remind "friendly" diputados of the
significance of this case. The real test for the Salvadoran
judicial system will be whether Silva, who is considered
guilty beyond a reasonable doubt by all Embassy
interlocutors, is convicted or walks.
Butler

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