Civil Lawsuit Offers Hope for Justice in El Salvador Journalist Killings

Gert Kuiper files a civil lawsuit against Reyes Mena, a former Salvadoran military officer, for the killing of his brother and fellow journalists in El Salvador’s civil war. This case embodies the struggle for justice against journalist killings and challenges the long-standing culture of impunity. Despite the obstacles, Kuiper remains dedicated to achieving accountability and official recognition of the deliberate murders.

Gert Kuiper vividly remembers the day he learned about the death of his brother Jan, a journalist killed during El Salvador’s civil war. While in a Madrid bar, he saw a newscast revealing Jan’s death alongside three other Dutch journalists. Despite the passage of over 40 years, the shocking news left a profound impact on him. Jan Kuiper was part of a documentary crew for the Dutch television station IKON, and they were tragically killed on March 17, 1982.

Since that tragic day, legal challenges have made achieving accountability difficult. The case highlights the ongoing issue of impunity surrounding the murder of journalists globally and reflects El Salvador’s struggles following a protracted civil war that lasted from 1979 to 1992. However, at 71 years of age, Gert Kuiper is closer than ever to obtaining justice for his brother’s death.

In October, Kuiper initiated a civil lawsuit against Reyes Mena, a former Salvadoran military officer identified by a United Nations truth commission as responsible for the killing of the four journalists. Mena, now 85, has resided in the United States for several decades, and a district court in Alexandria, Virginia, is currently reviewing whether the lawsuit can proceed.

This civil action coincides with a criminal case in El Salvador, where Mena, a former defense minister, and the previous director of treasury police are being prosecuted for the journalists’ killings. As of now, no trial date has been set for this criminal case, and Mena’s lawyer has not responded to inquiries regarding the lawsuit.

El Salvador’s civil war claimed approximately 75,000 civilian lives, primarily at the hands of government security forces supported by the United States. A U.N. truth commission established in the aftermath sought to investigate these crimes, including the deaths of the Dutch journalists, which remained a significant issue during this tumultuous period.

The U.N. commission determined in 1993 that Mena was culpable for orchestrating the killings. The journalists were targeted while attempting to reach territories held by leftist guerrillas opposing the Salvadoran Security Forces. Legal and societal obstacles have persisted for Kuiper and others seeking justice for years.

“I felt a moral obligation at least to try,” stated Kuiper, emphasizing the importance of pursuing justice for his brother’s murder. Previously, an amnesty law discouraged accountability for crimes committed during the civil war, but in 2016 the Supreme Court of El Salvador deemed this law unconstitutional for hindering justice.

Oscar Perez of the Fundacion Comunicandonos asserted that this case may signify a departure from a history of impunity in El Salvador, a sentiment echoed by legal experts who note that this case may have been expedited because the victims were foreign journalists. Comparatively, justice efforts surrounding domestic atrocities, like the El Mozote massacre, have faced significant delays.

Legal authorities believe that the ongoing litigation could encourage additional accountability for other war crimes. Kuiper’s civil lawsuit is particularly vital as Mena is unlikely to face extradition to El Salvador for the criminal proceedings. Mena is subject to U.S. jurisdiction, making this civil case an opportunity to affirm historical accountability.

The legal actions claim violations under the Torture Victim Protection Act, permitting families of victims to pursue justice within U.S. courts. Yet, there has been no response from the relevant Salvadoran or U.S. justice authorities regarding this lawsuit. The broader crisis of impunity in journalist killings persists, with nearly 80% of such cases remaining unresolved globally.

Cristina Zahar of the Committee to Protect Journalists remarked on the importance of accountability, stating, “When you get justice, even if it is 40 years after the crime was committed, you are sending a powerful message.”

While the U.S. civil lawsuit will not impose prison sentences, for Kuiper, the most significant outcome would be an acknowledgment of the intentional nature of the killings. “I want official acknowledgment of the fact that they were killed intentionally. That is what I really want,” he stated as he continues to fight for justice for his brother.

The civil lawsuit filed by Gert Kuiper against Reyes Mena represents a critical step towards justice for the brutal killings of his brother and fellow journalists during the El Salvador civil war. After years of impunity, this case illustrates the ongoing struggle for accountability in the context of journalist killings worldwide. While challenges persist, especially regarding the exiled status of Mena, the pursuit of justice remains paramount for Kuiper and others affected by these tragic events, highlighting the significance of truth and acknowledgment in the healing process.

Original Source: www.voanews.com