Monday, March 2, 2009

Autrefois Acquit? In El Salvador

Despite the tragedy or the apparent miscarriage of justice in the slayings of the six Jesuits in El Salvador is that any reason to finagle the law with the infliction of Double Jeopardy? The double jeopardy rule arises from the Fifth Amendment to the United States Constitution, the relevant clause of which reads:
nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb
This clause is intended to limit abuse by the government in repeated prosecution for the same offense as a means of harassment or oppression.

Here is an excerpt from an article about the issue.

It was one sort of grief that Father Jose Maria Tojeira felt when he entered the home of his fellow Jesuit priests that day in 1989. Before him, he saw corpses and bloodstained walls, testament to one of the most notorious massacres committed during El Salvador's civil war.

Twenty years later, another anguish lingers in Tojeira from the knowledge that the military officers accused of killing six priests and two others in their home now live openly without fear of punishment.

A controversial law granting amnesty to the perpetrators of abuses is once again in the spotlight in El Salvador after a judge in Spain agreed in January to prosecute 14 military officers in the slaying while explicitly leaving the door open to indicting former President Alfredo Cristiani in the coverup.

Link (here)

2 comments:

Anonymous said...

oh! I didn't know that Spain is a US State and therefore must apply the fifth Amendment!

Joseph Fromm said...

Dear Anonymous,

The Fifth Amendment is a wonderful amendment.It is a basic concept of an oppression free society, that is has different names through out the world.

JMJ

JOe