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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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THE UNIVERSITY OF WASHINGTON, a Washington state agency; THE CENTER FOR HUMAN RIGHTS AT THE UNIVERSITY OF WASHINGTON, a research center created by state law; and MINA MANUCHEHRI, a fellow at the Center;

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Plaintiffs, v. CENTRAL INTELLIGENCE AGENCY,

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No. [

]

COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA

Defendant. Plaintiffs, the University of Washington, the Center for Human Rights at the University of Washington, and Mina Manuchehri (collectively “the UWCHR”), allege as follows:

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) ) ) ) ) ) ) ) ) ) ) )

INTRODUCTION 1.

The UWCHR brings this action under the Freedom of Information Act

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(“FOIA”), 5 U.S.C. § 552 et seq., as amended to enjoin the Central Intelligence Agency

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(“CIA”) from continuing to improperly withhold agency records regarding the activities of

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retired Salvadoran Colonel Sigifredo Ochoa Pérez. There is ample evidence that Salvadoran

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troops under Col. Ochoa’s command carried out numerous massacres against civilians. These

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massacres include the massacre of El Calabozo on August 22, 1982, and the Santa Cruz

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Massacre of November 14, 1981, in which troops slaughtered dozens of civilians.

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 2 of 10

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2.

Col. Ochoa served as the Commander of military detachment number two in

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Cabañas, El Salvador, between August 31, 1981 and January 6, 1983. Col. Ochoa adhered

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closely to the United States’ suggested wartime strategy. On November 11, 1981,

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approximately 1,200 Salvadoran troops entered the department of Cabañas and over the

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following days, carried out operations that resulted in the deaths of hundreds of civilians. The

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massacre of Santa Cruz occurred on November 14, 1981, in Santa Cruz, Victoria, Cabañas, and

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resulted in the deaths of an unknown number of civilians, estimated in the hundreds. This

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massacre was part of a series of military operations in Cabañas, Chalatenango, Usulután, and

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Morazán, which extended from September through December 1981.

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3.

Following further training at the Inter-American Defense College in

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Washington, D.C., Col. Ochoa served as the Commander in Chalatenango, El Salvador,

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between August 1984 and February 1986. Col. Ochoa and the Salvadoran military executed a

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United States-advised “low-intensity conflict” counterinsurgency strategy. This strategy

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included creating incentives for civilians to either flee guerrilla-controlled zones entirely or, if

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remaining, collaborate with the military. Col. Ochoa and military officials deemed guerrilla

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pervasive areas as “free fire zones” over which the military could conduct surveillance and

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bombing, even if individuals residing in these areas were not guerrillas. He also allegedly

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blocked humanitarian assistance from the Red Cross and Catholic relief agencies from reaching

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the region.

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4.

Today, Col. Ochoa is the subject of open criminal investigations in the cases of

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the massacres at Santa Cruz and El Calabozo. He is also implicated in the July 1981 massacre

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at San Francisco Angulo, in which the Constitutional chamber of the Salvadoran Supreme

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Court ordered in 2014 that state prosecutors undertake a full investigation, as well as in several

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cases of forced disappearance of children in which the Inter-American Court for Human Rights

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has ordered the Salvadoran state to conduct investigations in recent years. Access to the

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 3 of 10

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documents requested by the UWCHR could facilitate justice proceedings in these and other

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cases of grave rights abuses.

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5.

The United States provided approximately $5 billion in aid to El Salvador

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during its Civil War and advised the Salvadoran military on counterinsurgency tactics. The

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public has the right to investigate and obtain information regarding whether that aid was

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directed toward any of these condemnable acts. Dr. Rowan Williams, the former Archbishop

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of Canterbury, who currently chairs a working group of the UK Equality and Human Rights

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Commission, has observed that the U.S. Government has a “particularly strong moral

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obligation to make available any records which will assist in bringing to justice those who it

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previously aided or protected.” See Exhibit A attached. Furthermore, several U.S. citizens

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were present during the Cabañas massacres, including Philippe Bourgois, who survived the

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massacre of Santa Cruz, have a right to documents containing information related to the

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violence they suffered.

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6.

The UWCHR is informed and believes that the CIA possesses responsive

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records. Numerous CIA records discussing Col. Ochoa are publicly available in the Library of

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Congress. One excised CIA memorandum details the work Col. Ochoa did, “delivering

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messages from Guatemalan coup plotters” and “engag[ing] in activities to silence the

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Salvadoran left.” This memorandum is attached as Exhibit B.

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7.

A February 1989 Special National Intelligence Estimate entitled “El Salvador:

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Government and Insurgent Prospects” was published under the letterhead of the Director of

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Central Intelligence and discussed the potential consequences of an Ochoa-led government.

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This document is attached as Exhibit C.

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8.

Several other publicly available memoranda reference Col. Ochoa in reports

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regarding the kidnapping of Ines Guadalupe Duarte, the daughter of President Jose Napoleon

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Duarte, in October 1985. These memoranda are attached as Exhibit D.

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 4 of 10

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9.

In 1993, the U.S. State Department, Department of Defense and the CIA

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declassified and released 12,000 documents in response to President Clinton’s Executive Order

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and in the following year, President Clinton ordered the release of Executive Branch materials

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regarding 32 human rights cases from the Civil War in El Salvador. See Exhibit E.

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10.

Indeed, at least one document that is responsive to UWCHR’s FOIA request – in

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which Col. Ochoa is alleged to have been connected to the to the assassination of Archbishop

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Oscar Romero – is available on the CIA's website. This document is attached as Exhibit F.

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11.

The UWCHR, through this lawsuit, seeks the public disclosure of documents

concerning Col. Ochoa—or, more specifically, as many and as much of those documents as can

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be publicly released. This would include, at minimum, those portions of the requested

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documents that are already publicly available and all documents that have been declassified or

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are not currently properly classified—given that the events of greatest interest occurred

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approximately 30 years ago. The UWCHR does not seek disclosure of information revealing

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current intelligence methods or any other sensitive and properly classified matters. Such

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information, if it exists, may be segregated from the documents that UWCHR believes are

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being unlawfully withheld by the CIA.

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JURISDICTION 12.

This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. § 1331.

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VENUE 13.

Venue in the Western District of California is proper under 5 U.S.C.

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§ 552(a)(4)(B). Independently, venue is proper in the Western District of Washington because

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all Plaintiffs reside in Seattle, Washington.

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PARTIES 14.

Plaintiff, the University of Washington, is a Washington state agency and the

state’s largest public research university. Its business offices are in Seattle, Washington. COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 5 of 10

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15.

Plaintiff, the Center for Human Rights at University of Washington, is an

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organization within the University of Washington. The Washington Legislature created the

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Center for Human Rights in 2009 to expand opportunities for Washington residents to receive a

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world-class education in human rights, generate research data and expert knowledge to enhance

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public and private policymaking, and to be an academic center for human rights teaching and

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research. The Center for Human Rights focuses on, among other things, the rights of all

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persons to security against violence. Its offices are in Seattle, Washington.

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16.

Plaintiff, Mina Manuchehri, is a fellow of the Center for Human Rights and a

third-year law student at the University of Washington. Ms. Manuchehri resides in Seattle, Washington. 17.

Defendant Central Intelligence Agency is a federal agency within the meaning

of 5 U.S.C. § 552(4) and 5 U.S.C. § 552a(a)(1).

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FACTS

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UWCHR’S FOIA REQUESTS TO THE CIA 18.

On December 15, 2013, Ms. Manuchehri made, on behalf of the UWCHR, a

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written FOIA request to Michele Meeks, the Central Intelligence Agency’s Information and

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Privacy Coordinator. The request sought:

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All documents from 1976 to the present regarding Salvadoran Colonel Sigifredo Ochoa Pérez. The areas of greatest interest are: 1) his service as Commander of military detachment #2 in Cabañas, El Salvador between February/March 1981 to March 9, 1983; and 2) his service as Commander in Chalatenango, El Salvador from August 1984 to February 1986. During both of these periods, there is ample evidence of massacres against civilians carried out by troops under his command.

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The request provided additional details regarding the pertinent time periods and attached U.S. declassified documents, “including biographical information and timelines of Ochoa’s military career.” Attached as Exhibit G is a true and correct copy of the UWCHR’s FOIA’s request. 19.

On December 30, 2013, Ms. Meeks responded that the CIA “can neither confirm

nor deny the existence or nonexistence of records responsive to your request. The fact of the COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 6 of 10

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existence or nonexistence of requested records is currently and properly classified and is

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intelligence sources and methods information that is protected from disclosure by section 6 of

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the CIA Act of 1949, as amended, and section 102A(i)(l) of the National Security Act of 1947,

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as amended.” Attached as Exhibit H is a true and correct copy of the CIA’s response.

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20.

On February 4, 2014, the UWCHR filed an administrative appeal of the CIA’s

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December 30, 2013 denial of the UWCHR’s FOIA request. Attached as Exhibit I is a true and

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correct copy of the UWCHR’s administrative appeal.

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21.

On March 5, 2014, Ms. Meeks notified the UWCHR that its appeal had been

accepted and would be considered by the Agency Release Panel (“ARP”). Attached as Exhibit J is a true and correct copy of that notification. 22.

On May 6, 2014, Ms. Meeks, as the Executive Secretary of the ARP, responded

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that the ARP had determined “that in accordance with Section 3.6(a) of Executive Order 13526,

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the CIA can neither confirm nor deny the existence or nonexistence of records responsive to

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your request.” Attached as Exhibit K is the ARP’s response.

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23.

On April 17, 2014, Ms. Manuchehri made, on behalf of the UWCHR, a written

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FOIA request to Michele Meeks, the Central Intelligence Agency’s Information and Privacy

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Coordinator. The request sought: “All documents from 1980 to the present regarding United

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States citizen, Philippe Bourgois.” In the 1980s, as a doctoral student at Stanford, Mr.

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Bourgois traveled to Honduras to do field research in a refugee camp. In November of 1981,

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Mr. Bourgois crossed the border and traveled to the department of Cabanas, El Salvador to

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continue his field research. While there, he was caught in a Salvadoran military operation in

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which he and 1,000 villagers were surrounded by Salvadoran military troops and subjected to

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heavy machine gun firing and bombing. In this context, he survived the November 14, 1981

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massacre of Santa Cruz. Attached as Exhibit L is a true and correct copy of the UWCHR’s

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FOIA’s request.

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 7 of 10

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24.

On August 21, 2014, the CIA requested additional information regarding

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UWCHR’s request for information regarding Mr. Bourgois. Attached as Exhibit M is a true

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and correct copy of the CIA’s request. On September 30, Ms. Manuchehri provided the

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requested information to the CIA. Attached as Exhibit N is a true and correct copy of this

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correspondence.

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25.

On October 15, 2014, Meeks responded that the CIA “can neither confirm nor

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deny the existence or nonexistence of records responsive to your request. The fact of the

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existence or nonexistence of requested records is currently and properly classified and is

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intelligence sources and methods information that is protected from disclosure by section 6 of

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the CIA Act of 1949, as amended, and section 6 of the CIA Act of 1949, as amended, and

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section 102A(i)(l) of the National Security Act of 1947, as amended. Therefore your request is

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denied pursuant to FOIA exemptions (b)(1) and (b)(3).” Attached as Exhibit O is a true and

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correct copy of the CIA’s response.

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26.

On November 30, 2014, the UWCHR filed an administrative appeal of the

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CIA’s October 15, 2014 denial of the UWCHR’s FOIA request. Attached as Exhibit P is a true

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and correct copy of the UWCHR’s administrative appeal.

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27.

On December 30, 2014, Mr. Giuffrida notified the UWCHR that its appeal had

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been accepted to be considered by the ARP. Attached as Exhibit Q is a true and correct copy of

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that notification.

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28.

On March 25, 2015, Michael Lavergne, as the Executive Secretary of the ARP,

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responded that the ARP had determined “that in accordance with Section 3.6(a) of Executive

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Order 13526, the CIA can neither confirm nor deny the existence or nonexistence of records

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responsive to your request.” Attached as Exhibit R is the ARP’s response.

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29.

On September 15, 2014, Ms. Manuchehri once again made, on behalf of the

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UWCHR, a written FOIA request to Michele Meeks, the Central Intelligence Agency’s

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Information and Privacy Coordinator. The request sought:

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

L AW O F FI CE S 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 206.622.3150 main · 206.757.7700 fax

Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 8 of 10

All documents from 1976 to the present regarding Salvadoran Colonel Sigifredo Ochoa Pérez. The areas of greatest interest are: 1) his service as Commander of military detachment #2 in Cabañas, El Salvador between February/March 1981 to March 9, 1983; and 2) his service as Commander in Chalatenango, El Salvador from August 1984 to February 1986. During both of these periods, there is ample evidence of massacres against civilians carried out by troops under his command.

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Once again, the request provided additional details regarding the pertinent time periods and

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attached U.S. declassified documents, “including biographical information and timelines of

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Ochoa’s military career.” Attached as Exhibit S is a true and correct copy of the UWCHR’s

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FOIA’s request.

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30.

On November 14, 2014, John Giuffrida, Acting Information and Privacy

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Coordinator for the CIA responded that “[w]e cannot accept your FOIA request for ‘all

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documents from 1976 to the present regarding Salvadoran Colonel Sigifredo Ochoa Perez’

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because it would require the Agency to perform an unreasonably burdensome search. You

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state in your request that there are two periods of time/two of his assignments in which you are

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most interested. May we narrow the scope of this request to these two time periods?” Attached

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as Exhibit T is Mr. Guiffrida’s response. Following her receipt of this letter, Ms. Manuchehri,

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on multiple occasions, attempted to reach Mr. Giuffrida by telephone but never reached him

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and never reached any agreement about narrowing this request.

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31.

The CIA has wrongfully withheld the records sought by the UWCHR. There is

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a substantial strong public interest in the disclosure of the documents requested. The CIA’s

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refusal to release these documents that are believed to be within its custody and control

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constitutes an abuse of the CIA’s discretion and a violation of FOIA.

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 9 of 10

FIRST CAUSE OF ACTION

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Violation of FOIA by the CIA for Failure to Make Promptly Available

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the Records Sought by the UWCHR’s requests. 32.

UWCHR repeats and realleges the allegations contained in paragraphs 1 through

31 above, inclusive. 33.

UWCHR has a legal right under FOIA to obtain the agency records it requested

on December 15, 2013, April 17, 2014, and September 15, 2014, and there exists no legal basis for the CIA’s failure to make these records available to the public. 34.

The CIA’s failure to make promptly available the record sought by UWCHR’s

requests violates FOIA, 5 U.S.C. § 552(a)(3)(A) and (a)(6)(A)(ii), and applicable regulations promulgated thereunder. PRAYER FOR RELIEF WHEREFORE, Plaintiffs request the Court award them the following relief: A.

Declare that the CIA has violated FOIA in its responses to the FOIA requests;

B.

Order the CIA to immediately disclose the requested records to Plaintiffs and

enter an injunction prohibiting the CIA from continuing to withhold the requested records from the public; C.

Award Plaintiffs their reasonable costs and attorneys’ fees;

D.

Grant such further relief as the court may deem just and proper.

DATED this 2nd day of October, 2015. Davis Wright Tremaine LLP Special Assistant Attorneys General

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By /s/ Tom Wyrwich Thomas R. Burke* 505 Montgomery Street, Suite 800 San Francisco, CA 94111-6533 Telephone: (415) 276-6552 Fax: (415) 276-6599 E-mail: [email protected]

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Davis Wright Tremaine LLP

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Case 2:15-cv-01577 Document 1 Filed 10/02/15 Page 10 of 10

Tom Wyrwich WSBA #45719 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 Telephone: (206) 757-8176 Fax: (206) 757-7176 E-mail: [email protected]

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Attorneys for Plaintiffs the Center for Human Rights at the University of Washington, the University of Washington and MINA MANUCHEHRI

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*pro hac vice application forthcoming

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COMPLAINT FOR DECLARATORY RELIEF FOR VIOLATING FOIA DWT 26313162v3 0200873-000001

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Exhibit A

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DECLARATION OF DR ROWAN DOUGLAS WILLIAMS, MASTER OF MAGDALENE COLLEGE, CAMBRIDGE, SOMETIME ARCHBISHOP OF CANTERBURY.

I, Rowan Douglas Williams, am over 18 years of age and am competent to testify as follows: 1.

2.

3.

4.

5.

6.

7.

8.

9.

I am a member of the British House of Lords and of Her Majesty’s Privy Council, Master of Magdalene College, Cambridge, Chancellor of the University of South Wales and Chair of Trustees of Christian Aid (the major church-based international development agency in the UK). Prior to my current position, I was Archbishop of Canterbury and before that had a long career as priest, bishop and theologian, holding academic appointments in the Universities of Oxford and Cambridge. I am a Fellow of the British Academy, of the Royal Society of Literature and of the Learned Society of Wales. I held the office of Archbishop of Canterbury from 2002 to 2012, maintaining a close watch on global events throughout and since that period, with a special concern for human rights, on which I have lectured in Geneva to UN bodies. I currently chair a working group of the UK Equality and Human Rights Commission. I have studied the origins and consequences of El Salvador’s civil war and have met with people living in El Salvador during the conflict including the late Archbishop Romero’s former secretary and the Anglican bishop in El Salvador, Martin Jesus de Barahona and his family; these were people with direct firsthand experience of conditions during the war and the levels of violence against civilians. Through these contacts in particular, I have built up a clear picture of the situation in El Salvador, especially of the patterns of violent intimidation of critics of the regime during the civil conflicts, and the harassment, threat, and assault suffered by those offering help to victims of violence. My interest as a Christian leader naturally focused on the late Roman Catholic Archbishop of San Salvador, Oscar Romero (I am now a patron of the UK based Oscar Romero Foundation). Mgr Romero was a moral leader of exceptional stature, and an outspoken critic of the widespread violent crimes perpetrated by the then government against its own people. I have in recent years read much about and spoken and written about Archbishop Romero. Romero in my view was a great gift of God to the whole people of God, in and beyond El Salvador. He gave voice to the cries of the poorest and most marginalized, embracing this role most fully and passionately after the slaughter of unarmed peasants by the Salvadorean National Guard and the murder of his Jesuit friend Fr Rutilio Grande, in March 1977. Romero urged the soldiers of the government to lay down their arms rather than obey unjust orders, and commanded the leaders of El Salvador to stop the killing and intimidation. These efforts to use his role as a church leader to protect the poor and vulnerable resulted in his assassination on 24 March 1980. He is commemorated as a martyr in the Church of England (his statue can be seen on the West Front of Westminster Abbey) and the Roman Catholic Church. Earlier this year (May 2015) he was beatified by the Roman Catholic Church, the penultimate step before being officially declared a saint. To be declared a martyr means that someone is recognised as having given their life in defence of the Christian faith. The significant aspect of declaring Romero a saint and martyr is that it recognizes that advocacy for the poor and the defence of justice may be counted as defence of the Christian faith. I understand that the University of Washington Center for Human Rights (UWCHR) is collaborating with a human rights centre in El Salvador in an effort to gather evidence

12

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 3 of 112

regarding massacres of civilians which took place during the civil war, as well as evidence regarding the assassination ofMgr Romero. One purpose of this is to assist the effort to bring various charges, including war crimes, against some of those who were involved in these acts. 10. I strongly support UWCHR's efforts to obtain justice for the victims of the Salvadorean civil war. 11. I further understand that the US Central Intelligence Agency (CIA) has refused to disclose to the UWCHR records which it holds that may be relevant to these crimes. 12. Echoing Mgr Romero's call to the government of El Salvador to act transparently and ethically, I would make the same plea to the US government. The US administration, including the CIA, was deeply involved in El Salvador's ·civil war. The US govenunent provided billions of dollars' worth of military and economic assistance to the government of El Salvador during the period of the war, despite widespread media exposure of the massacre of civilians and many other violations of human rights in El Salvador. In the light of this, the US administration has a particularly strong moral obligation to make available any records which will assist in bringing to justice those whom it previously aided or protected. I declare that the foregoing is true and correct under penalty of perjury under the laws of the United States of America.

EXECUTED on this tenth day of August, 2015, at Magdalene College, Cambridge, UK.

Rowan Douglas Williams, Lord Williams ofOystermouth, PC Master of Magdalene College, Cambridge Sometime Archbishop of Canterbury

Master's Lodge

Office (44) 1223 332144

Magdalene College,

email jeh34@cam .ac. uk

Cambridge CB3 OAG

UK

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Exhibit B

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Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 5 of 112

--

•

:'tit it it it

~

142148Z MAR 83

-------11!£1_____.. 1 I II OCHOA . . WAS ASSIGNED TO THE SALVADORAN EMBASSY IN SAN JOSE 1972-74 AND ALSO AS MILITARY ATTACHE JULY 80 TO JAN 81 (?). AN OCT 72 LISTING NOTES THAT OCHOA WAS DELIVERING MESSAGES FROM GUATEMALAN COUP PLOTTERS. (NFI) IN NOV 72 THE ARRIVAL OF CAPT. OCHaA AT THE EMBASSY IN SAN JOSE WAS REPORTED; HE SERVED IN CHILE UNTIL 15 SET 72. UPON HIS ASSIGNMENT AS MILITARY ATTACHE TO THE SAN JOSE EMBASSY OCT 80 TRACES INDICATED THAT MAJOR OCHOA WAS A FORKER OPERATIONS OFFICER WITH THE TREASURY POLICE AND THAT HE HAD PARTICIPATED IN A CANAL ZONE ORIENTATION TOUR IN 1974 AND PREVIOUSLY SERVED AS KILATT IN PANAMA.

•

2. WHILE SERVING AS KILATT IN SAN JOSE, IN OCT 80 OCHOA WAS ALLEGEDLY ENGAGED IN ACTIVITIES TO SILENCE THE SALVADORAN LEFT AND FATHER BENITO ((TOVAR)) IN COSTA RICA. HE ORGANIZED .\ GROUP OF SALVADORAN INTELLIGENCE OFFICIALS TO MONITOR SALVADORAN LE" IN IN JULY 80 MILITARY INTEL

·' 1,·-," . . ---

-

"'"''"" TRAVELLED TO GUAPILES, A FOR IST I.ABOR SUBVERSION. REPORT~ IN AUG 80 THAT OCHOA WAS THE KILATT AND AN INTEL OFFICER, WHO WAS" LIVIH(I---WITH ANOTHER SALVADORAN KNOWN AS MIGUEL. STATED THAT ..• OCHOA WAS ATTACHED TO K-5 ESTADO MAYOR DEL EJERCITo:-. 3. -

•

.......

FURTHER . . LISTING NOTES THAT OCHOA PEREZ KAY BE

.

,

,• _-

......

..

·'~ ·-·~ --~

.....

15

.... ·". '·

.. ...._

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 6 of 112

---------------------------------------------------·--··-

•

IDENTIFIABLE WITH ONE LTC. SIGIFREDO ((OCHOA)) TRUJILLO, WHO WAS SUSPECTED IN OCT 80 BY SALVADORk~ MILITARY OFFICERS AS ONE OF THOSE RESPONSIBLE FOR THE MURDER OF ARCHBISHOP ROMERO; THEY BELIEVED HIS LOCATION TO BE COSTA RICA. SEVERAL OTHER LISTINGS DATED 1982-83 REFER TO OCHOA AS COMMANDER OF CABANASS DEPT. IN EL SALVADOR .

• •

•

16 .-:-~..... !'

...-....... .: 4

~ ••

.-

~

..

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 7 of 112

Exhibit C

17

D~rcctor of Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 8 of 112

Central lntellogence

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Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 9 of 112

W arniag Notice

lntellieen~ Sour= or Methods Involved (WNINTEL)

Na tiona! Security lnformatioo

Unauthorized Disclosure Subject to Criminal Sanctions

•

/

''

NOFORN(NF) NOCONTRACT (NCI

No< relas.tble to foreicn nationals

Not rclas.tble to conll'llctors or contraaor/a:multants

PROPIN(PRI

ORCONtOCI

Diuemin,tion and c.xtraaion or informauoa oontrcMied by oricinator

REL... WN A microfiche copy of this docu· mentis avail.ablc from OIR/ DLB (482-7177~ printed c:op•e• from CPAS/IMC (482-5203: or AIM request to uscrid CPASIMCI.

This information h.as been IUthoriz.cd for rdc:zsc to ... WNI--:TEL-Intcllitcn. Follo'lfin& the -assassinations of nine mayon; in 1988, lar~~:c numben of local officials have received death threau and some 49 mayof'i hav-e resiened in the las~representing 18 percent of the municipal posts._

FMLN Problems Despite its awessive activity in several areas, however, the FMLN has been able only partially to miti~~:at.e the effect of increasingly lon~~:er eovernment incursions into its base areas. (See fieure 7 .) Diver>ionary operations and greater exfiltration of key support and command dements out of home areas by the guerrillas have still left them vulnerable to armed forces' disruptiolt5 of their operational plan.ni.ng. ~tic, recrui-t.. and trainin~; activities. . We~ current FMLN combatant s;trength to be 6,000 to 7,000 (see fieure 8}---a 15- to 19-percent drop from 1986 ~ fieures. Because of the counteroffensive philosophy, there has also been a major roorderint in the composition of troOpS, rdkctinl: FMLN emphasis on local forces and militia at the expense m strateeic forces. Although this reo~ is a sophisticated adjustment to government combat effectiveness.. the dsop in overall combatant streneth indicates that the FMLN has been unsu=sful in its eoal to increase ~!:featly tbe number of lcx:al and militia forces through new recruitment-

.,. ·.----,.,__

10

35

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 26 of 112

FigureS El Salvador: lnsurgent-lnl tia ted lnddents by Type, 1982-88

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o{ focated_ In addLtton. th·~se areas nonnalty conlafn a soph•shcated, well· established guen-ILa tnfrastructure

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38

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Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 29 of 112

The

insur~ents

have attempted to alleviate their condependence on external materiel support by locally manufacturin~ ~popul: r" weapons. These efforts have produced an impressive number of homemade weapons that the insur~ents are usinl; with incre.asi~ success, but the pro~rarns produce little small-arms ammunition-the most critical insur~ent requirement.. .

FigureS El Saludor: Relative Milital") aDd Insurgent

tinui~

force~

JO

the FMLN must mill !rate at least 70 percent of its basic ammunition _ . . - - - - - - - - - Guernl.. needs-and 100 pere%nt for such items u AK-47 10 1 fox= . rifles and RJ>G-2/7 rocket launchers. In addition, the ;;o---t-'-&J-,---~-----'-u-----'----- icsur~ents mu::t infiltrate lar~e number.; of fuses and 9 84 88 bias~ caps to make homemade mines,.• • 20

•

0

t9S2

In 1987, the rebels captured only 82,000 rounds of rifle ammunition from the s:overnment-, the eovemment bas imple· mented a two-track oounterinsureency stnteeY to defeat the still well-supplied and reasonably wellfunded FMLN. It is based on Jaree-scale sustained military operations and a nationwide civic action/civil defense ~; the military as been much more su=ful than the latter

tra.k

Variocs ruses are used to attract and di,·,n fund.• . • Salvadoran military performance has improved mark. . . a ~errilla-dominated labor coaliti,>n sou~ht ~~==~in~fundin£ for a new buildin~.and. "bile edly since 19S4, and the armed forces are now able to l or~:aniz.ation estimated this "'a~ lhr« conduct more frequent and effective laree·seale sweep times the n=sary amount, otbe z.atioas serviced tbe request. euerrilla-dominated human riebts ~ CO MAD RES nat~o Cine of

41

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 32 of 112

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42

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 33 of 112

Salvadonln Military and Insurgent Casualties.. 1981-88 '

To, adjust to the pravisioo of SA-7s to l:Uerrill.a forces: The momentum. confidence, and morale of eovemment forces could be substantially erodod., however, especially if such escalation went unanswered by Washin~on. • T~ P~ Proceu. Prospect..ive rqional peace al:feements .are a doubl~&ed sword for the Salvadoran Government that on bala.nce are likely to present l:fa..;DI: poJitical aod public relations problems rather than praclical solutions. This is likely to be especially true if an ARENA eovernment is in power. l.n almost aU ~ the l:Uerrilla left is the most obvious beocficiary. •

The only reeional peace initiative the: CQ'I'ernment would welcome is a .border veri1icatioo mechanism capable of interferine with Sandi.nist.a ~tic assistance to the FMLN-i! hil:hly unl.ikc!y outcome r;iven demonstrated problems in terms of practical implementation and lack of political will. Otherwise, the Esquipulas II peace process and rel.ated rqional initiatives threaten to force the &OYerniDCnt into ne&otiations with the FMLN, which the a.rmed forces are likely to resist stronely, adding to civil-military prolr !ems. Indeed, if the Sandinist.as and the Resistance rc:S"tilne talks under the Sapoa A&reement or a new

--24

49

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 40 of 112

Cuban, Savitt. and Sandinista PusptctiPN on tlu I nsurgucy Cuba and Nzcaragua have long bun the przru-zpal supporrus a! the Salvadoran insurgrncy. J!ai!Dgua, probably rr:fiuting Havana's guidan...'t, aptnly promotes a political urrlemrnt in £1 Salvador while continuing to surreptitiously provide the guerrillas ,..ith military aid. Nicaragua's role consists primarz'ly a! providing transportatiOII. war~ housing, and roordilllltionfor dt!iveries Q' supplies from Cuba. itsCiuding arms and ammunition :tu{>port. It also encompasus training. safe~n. safe transit, and stt:Ure communications facilitieJ to support the insurgent military nttwork. We have no convincing tvidence that the Soviets an providing direct military assistance to the Salvadoran guerrillas. However, Moscow dots give /iNmcial assistance and military training to the CDmmunist Parry . which is included in the FM

•

We bt!in-e Cuba and Nicaragua over tht shun term will try to kup both the political ON! military options ~n. Havana's inures! in tlat political track could btgin to want in the monrlu ahead, hown-er, and military p~ssure could bt ntpptd f up if the political environment changes-/or e.xampk if the Ctnrra/ American Peace Plan d4P*grates or if a radical rightist govunmenr is tlecred. Similarly. if the insurgency btgan to~ a

framew~rk. international pressure for EI Salvador to pursue a parallel p r . u l d enhance the FMLN's bargainina; position.

The r=nt FMLN nea;oriatina; proposal suuests the possibility that the a;uerrillas are under pressure to consider more ~riously a political settlemenL The proposal-presented to the government by the church-·involves postponement of the elec:tiO!crespect for its outcome and eleetcd officials, I!.Dd drops lona;standint demands for power sharina; and restruc· turin~~: of the armed forces. (See i=t. paee 26.) It is

crrdible thrtat a! a mi/11ary overzhro>u'IIO CHURCH GROUPS. FUNDS FROM THESE SOURCES HAVE VIRTUALLY DRIED UP. SUPPORT HAS BEES VITIATED WITHIN THE SOCIALIST I~TERNATIONAL AND FORMER FRIENDS OF THE FOR AT THE UNITED ~ATIONS--WHICH THE FOR CONSIDERS THE SINGLE !'lOST I!'IPORTANT TARGET FOR THE CPD--HAVE CUT OFF CONTACT WITH FOR REPRESENTATIVES. IN LETTERS TO AND PRIVATE TALKS WITH FOR LEADERS, ARGENTINE PRESIDENT RAUL ((ALFONSIN)) HARSHLY CONDEMNED THE KIDNAPPING, AS HAVE, TO A LESSER EXTENT, VESEZUE~AN AND URUGUAYAN POLITICAL-GOVERNMENTAL OFFICIALS WHO USUALLY SYMPATHIZE WITH THE SALVADORAN OPPOSITION. I~

LATI~

3. THE FOR OFFICIAL STATED THAT EVEN FMLN ALLIES CHASTISED FOR AND FMLN LEADERS FOR THE OPERATION. CUBAN LEADER FIDEL ((CASTRO)) RUZ PERSONALLY AND 'WITH "WARMTH" TOLD FOR LEADERS IN HAVANA THAT HE HAD GREAT DIFFICULTY IN TRYING TO JUSTIFY THE KIDNAPPING OF A DEFENSELESS WOMAN TO GENERATIONS OF CUBANS WHO HAVE NEVER KNOWN VIOLENCE. THE OFFICIAL SAID THAT HE HAD HEAkD THAT THE SOVIETS HAD TOLD LEADERS OF THE FAL, WHO PERPETRATED THE KIDNAPPING, AND LEADERS OF THE PCES THAT THE KIDNAPPING HAD BEEN TOTALLY COUNTER-PRODUCTIVE FOR SOVIET-BACKED EFFORTS ON BEHALF OF THE FMLN. A NICARAGUAN COKANDANTE TOLD THE FOR OFFICIAL THAT "THE WHOLE THING WAS STUPID, ~0 HATTER WHAT THE YIELD." 4, THE REACTION OF THE SALVADORAN MILITARY TO DUARTE'S HANDLING OF THE KIDNAPPING HAS ALSO GIVEN PRESIDENT DUARTE THE "PERFECT EXCUSE" TO TURN DOWN FOR REQUESTS FOR PLANNING TOWARD A THIRD ROUMD OF DIALOGUE BETWEEN THE GOVERNMENT AND THE FDR-FMLN. SINCE THE KIDNAPPING, THE FOR OFFICIAL SAID THAT GOVERNMENT OFFICIALS HAVE REFUSED EVEN TO LISTEN TO FOR PROPOSALS FOR CONTINUING THE DIALOGUE WHICH WERE PASSED TO THE GOVERNMENT BY CATHOLIC CHURCH OFFICIALS AND VIA M~~BERS OF THE GOVERNMENT PARTY. 5.

THE FOR OFFICIAL STRESSED THAT FOR LEADERS RESENT

71

Case 2:15-cv-01577 Document 1-1 Filed 10/02/15 Page 62 of 112

85 90702i7

AS?

PAGE 0003 iOT: 210307Z ~OV 85

HAVING TO ClEAN l:P THE F!IL~ "!'iESS" AFTER ~OT EVEN HAVING BEEN WAR~ED OF THE OPERATION. HE SA!D 7HAT THE KIDNAPPING WAS ?!...:,.'INED BY AN :~
- Assistant. erofessor, l:lilitary Kistory and Strac:egy, at tbe Armed Eorces Studies Cente~- Concurrently , student, Armed Forces Studies Center, 1975-1977, graauatfng second in class: of 18, 16 ~ovember 1977.

L977

•

1974.

s~~{S-3 (Intelligence/Operations), 1st Battalion, 2.d Rrl:gade, Santa Ana, through Jun~ 1978.

1978

- 0Qeratrons Officer, Tteasury Police , San L July through 15 October- 1979-

l9j9-L98:l

Director- of the Tr easury eolice-, L5 Octo ber-n· Octo hex: 1979 - · - S-3· (Operations), treasux::y Police , late October 1979-Assistant 2rotessoc,. MiLitary Studies Center,. late . October . 1979. - ~itary At.tacbe. to' COsta Rica, 2.9 tiovem.ber l979-August 198-C

"1981--1.98!-

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from

· - Promoted to Lieutenant ColoneL, 2. Febtuat:y 198.1-: - COmmanding Officer~ Military Detachmene 12, Sesuntepeque, from. August::.

.

I.98J

- Ass:i.stant Armed £orce Attache to Washington, o·~C- , fcom. 9 M.ar:dt-

1984-198.6-

- Commander, Military:.. Zone- ·q ~ 4ttt. .Brrgade; and.- concurrently .. - --:;..,&>.-;;; ComCia:ncfer, J"d· Sector of the 1st Teccitoriai Region: ~ovem.ber: ,7 ...... t98ti-Februari 1986- · ···;·l?rom~ted. to Coion.e l,. 3L December 1984 _

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1986

Defense Attache to. the US , since- May.

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