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US judge approves extradition of Salvadoran war crimes suspect to Spain US judge approves extradition of Salvadoran war crimes suspect to Spain
(7 months later)
A US judge has cleared the way for a former Salvadoran colonel to face charges in Spain that he helped plan the 1989 slayings of six Jesuit priests during El Salvador’s civil war.A US judge has cleared the way for a former Salvadoran colonel to face charges in Spain that he helped plan the 1989 slayings of six Jesuit priests during El Salvador’s civil war.
The approval of extradition for Inocente Orlando Montano Morales marks a significant step in efforts to prosecute high-level Salvadoran military officials on charges of murdering the priests, most of whom were Spanish natives.The approval of extradition for Inocente Orlando Montano Morales marks a significant step in efforts to prosecute high-level Salvadoran military officials on charges of murdering the priests, most of whom were Spanish natives.
Related: El Salvador ex-colonel fights extradition for notorious murder of Jesuit priests
Montano has been the only one within reach of Spanish authorities because of legal issues in El Salvador where most of them still live.Montano has been the only one within reach of Spanish authorities because of legal issues in El Salvador where most of them still live.
Federal magistrate judge Kimberly Swank ordered that US marshals take custody of Montano so he can be turned over to Spain, pending final approval by the State Department.Federal magistrate judge Kimberly Swank ordered that US marshals take custody of Montano so he can be turned over to Spain, pending final approval by the State Department.
The step is largely seen as a formality because lawyers for the diplomatic agency had already reviewed the case before turning it over to federal prosecutors.The step is largely seen as a formality because lawyers for the diplomatic agency had already reviewed the case before turning it over to federal prosecutors.
“In short, the government’s evidence shows (Montano) was a decision-maker and member of a group of officers who collectively ordered the unlawful killings of Jesuit priests,” Swank wrote.“In short, the government’s evidence shows (Montano) was a decision-maker and member of a group of officers who collectively ordered the unlawful killings of Jesuit priests,” Swank wrote.
Montano, 73, has denied involvement in the killings. His lawyer also questioned a Spanish court’s findings on the nationalities of the five priests supposedly born in Spain and whether the “terrorist murder” counts against Montano align with similar charges in the US.Montano, 73, has denied involvement in the killings. His lawyer also questioned a Spanish court’s findings on the nationalities of the five priests supposedly born in Spain and whether the “terrorist murder” counts against Montano align with similar charges in the US.
Swank rejected those arguments, writing the defense was asking her to “disregard the Spanish magistrate’s interpretation and application of Spanish law ... This is no small request”.Swank rejected those arguments, writing the defense was asking her to “disregard the Spanish magistrate’s interpretation and application of Spanish law ... This is no small request”.
The judge also cited evidence that Montano provided information to the killers, including the location of a priest who was considered a primary target, then later threatened a witness’ wife to help conceal the crime. Montano served as the country’s vice-minister of public security and was part of an inner circle of powerful military officers.The judge also cited evidence that Montano provided information to the killers, including the location of a priest who was considered a primary target, then later threatened a witness’ wife to help conceal the crime. Montano served as the country’s vice-minister of public security and was part of an inner circle of powerful military officers.
Patty Blum, a human rights lawyer who helped persuade Spanish authorities to take up the case, praised the judge for advancing a complex case with international implications.Patty Blum, a human rights lawyer who helped persuade Spanish authorities to take up the case, praised the judge for advancing a complex case with international implications.
“It’s a significant finding about the role of these kinds of illegal acts committed conspiratorially by military regimes,” said Blum, a senior attorney for the nonprofit Center for Justice and Accountability.“It’s a significant finding about the role of these kinds of illegal acts committed conspiratorially by military regimes,” said Blum, a senior attorney for the nonprofit Center for Justice and Accountability.
The unusual extradition fight began in 2011 when a Spanish judge issued an indictment charging Montano with the murder counts. Nineteen others were charged by Spain, with most still living in El Salvador.The unusual extradition fight began in 2011 when a Spanish judge issued an indictment charging Montano with the murder counts. Nineteen others were charged by Spain, with most still living in El Salvador.
Blum said efforts to bring the others to Spain are essentially at a “stalemate” because of questions by Salvadoran authorities about international warrants, as well as El Salvador’s amnesty law for the war that ended in 1992.Blum said efforts to bring the others to Spain are essentially at a “stalemate” because of questions by Salvadoran authorities about international warrants, as well as El Salvador’s amnesty law for the war that ended in 1992.
Court documents say that early on the morning of 16 November 1989, members of the Salvadoran military killed the six priests, their housekeeper and her daughter at a university in the country’s capital. The priests had been calling for discussions to end the fighting, with one of them serving as an intermediary between the government and a leftist group.Court documents say that early on the morning of 16 November 1989, members of the Salvadoran military killed the six priests, their housekeeper and her daughter at a university in the country’s capital. The priests had been calling for discussions to end the fighting, with one of them serving as an intermediary between the government and a leftist group.
The killings sparked international outrage and helped erode US support – which had included money, weapons and training – for the rightwing Salvadoran government.The killings sparked international outrage and helped erode US support – which had included money, weapons and training – for the rightwing Salvadoran government.
While two officers served short sentences in El Salvador, Montano and other high-level officials were never charged by authorities there in the priests’ killings.While two officers served short sentences in El Salvador, Montano and other high-level officials were never charged by authorities there in the priests’ killings.
Montano arrived in the US in the early 2000s and worked for six years at a candy factory in a Boston suburb.Montano arrived in the US in the early 2000s and worked for six years at a candy factory in a Boston suburb.
He was arrested in 2011 and sentenced to nearly two years for immigration fraud and perjury. He served his time in a federal prison in North Carolina, which is why his extradition fight played out in the state.He was arrested in 2011 and sentenced to nearly two years for immigration fraud and perjury. He served his time in a federal prison in North Carolina, which is why his extradition fight played out in the state.
A lawyer who represented Montano during the extradition process did not immediately return a message seeking comment.A lawyer who represented Montano during the extradition process did not immediately return a message seeking comment.