U.S. Federal Judge Considers Testimony of War Crimes in Immigration Case Against Col. Montano

Col. Montano

Col. Montano

This week, El Faro posted an article about Col. Orlando Montano who is being sentenced in a U.S. Federal Court in Massachusetts on immigration fraud and perjury. The court could sentence Montano to more than 40 years in prison and a million dollars in fines. He could also be deported back to El Salvador and possibly extradited to Spain, where a court indicted him and 19 others, for their role in the 1989 massacre of six Jesuit priests, their housekeeper, and her daughter.

Before the sentencing phase got underway, the federal judge hearing the case agreed to consider Montano’s alleged war crimes before sentencing him on the immigration fraud charges. The Daily journal quoted the judge, “my view is that, if proved, the allegations concerning Mr. Montano’s acts with the military are matters that would cause me to consider upward departure or variance,” meaning that he would consider an even greater sentence.

In January, prosecutors submitted a report from Stanford Professor Terry Karl that provides details about Montano’s military career, including his involvement in over 1,000 human rights abuses. Professor Karl is an expert witness in the case against the 20 defendants in the Spanish Court and has documented many of the war crimes that took place during the war.

Montano’s attorneys argue that by asking the judge to consider a more severe sentence, prosecutors violated the terms of the plea agreement the defendant signed in September 2012. Montano is due back in court sometime in March 2013.

Photo credit: AP

Photo credit: AP

Montano has been living in the United States since 2001 and worked as a human resource administrator for a candy factory in Massachusetts, just outside of Boston. The Center for Justice and Accountability (CJA), which filed the case against Montano and 19 others in the Spanish court, reports that Montano lied about his past military service and weapons training on his Temporary Protective Status (TPS) immigration form. He also lied about his date of entry into the U.S. in order to qualify for the TPS program. He was arrested on August 23, 2011 and indicted in February 2012. He plead guilty to six counts of federal criminal immigration fraud and perjury on September 11, 2012.

The Spanish Court names Montano, who was Vice Minister of Defense of Public Security, as one of the four top commanders of the Salvadoran Military in November 1989, when soldiers massacred the Jesuit priests. Following their in-absentia indictment in 2011, the court issued formal extradition requests for Montano and the 19 others.

In her report submitted to the Federal Court, Professor Karl testified that Montano had a 30-year military career, contrary to the information he gave on his TPS forms, and that he was involved in numerous human rights abuses. The Daily Journal article quotes Montano’s attorney as admitting that Professor Karl’s report paints him “as a war criminal of epic proportions.”

El Faro quotes a summary of the allegations detailed in Professor Karl’s report. She wrote, “during his 30-year military career, Coronel Montano ordered, incited, and assisted or commanded troops that participated in a strategy of terror by the State against civilians. This included: extra-judicial executions, torture, disappearances and arbitrary detentions, rural massacres of non-combatant civilians, forced disappearance of children, and the permitting of death squads led by the military and that operated within units under his command.”

The report also linked Montano to 65 summary executions, 51 forced disappearances, 520 cases of torture, and 533 arbitrary detentions. Professor Karl’s testimony includes the names of the victims, the dates of the human rights abuse, the place and battalion or unit involved.

More than 20 years after the Peace Accords were signed, Salvadorans continue the process of healing from twelve years of civil war and decades of oppression and human rights abuses. The country’s Amnesty Law has stymied this process by forcing victims and human rights activists to seek justice outside of their own legal system. While leaders within the right-wing ARENA party, which was in power in 1989 when the Jesuit priests were killed, has condemned the Spanish indictments for dredging up painful memories, it is important for that criminals be brought to justice, even if it’s in a courtroom in Boston or Madrid.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s