The United States today extradited Inocente Orlando Montano
Morales, a former colonel in the Salvadoran army, to stand trial in Spain for
charges related to the murder of five Spanish Jesuit priests in El Salvador in
1989. This is one of the first
top-ranking Salvadoran commanders to face criminal prosecution.
Acting Assistant Attorney General John P. Cronan of the
Justice Department’s Criminal Division, U.S. Attorney Robert J. Higdon Jr. of
the Eastern District of North Carolina, Acting U.S. Attorney William D. Weinreb
for the District of Massachusetts, and Deputy Director Thomas D. Homan of U.S.
Immigration and Customs Enforcement (ICE) made the announcement.
Inocente Orlando Montano Morales, 74, formerly of Everett,
Massachusetts, and 19 other former Salvadoran military officials were indicted
in Spain for the 1989 murders of five Spanish Jesuit priests during the 10-year
Salvadoran civil conflict. An arrest
warrant for Montano was issued in March 2011 by a Spanish magistrate judge.
“Criminals and those lawfully charged with criminal offenses
overseas should not be able to find safe haven in the United States,” said
Acting Assistant Attorney General Cronan.
“Today’s extradition demonstrates our firm commitment to honoring our
obligations under extradition treaties.
As a result, an alleged human-rights violator will now face justice in
Spain.”
“This extradition, and the investigation and prosecution
that preceded it, marks the culmination of longstanding and significant
collaboration among HSI Boston, ICE’s Human Rights Violators and War Crimes
Center, the U.S. Attorney’s Offices in Boston and Raleigh, and DOJ’s Office of
International Affairs,” said ICE Deputy Director Homan. “We are grateful for
the support of our law enforcement partners, DOJ, and our Department of State
colleagues to ensure that Montano will face justice in Spain for his crimes and
will not find safe haven in the United States.”
In response to the government of Spain’s request pursuant to
the extradition treaty between the United States and Spain, the U.S. Department
of Justice filed a complaint in the U.S. District Court for the Eastern
District of North Carolina in April 2015 seeking Montano’s extradition to
Spain. According to the complaint,
between 1980 and 1991, El Salvador was engulfed in a civil conflict between the
military-led government and the Farabundo Martà National Liberation Front
(FMLN). During this conflict, in the
early morning hours of Nov. 16, 1989, members of the Salvadoran military allegedly
murdered six Jesuit priests, their housekeeper, and the housekeeper’s 16-year
old daughter at the Universidad Centroamericana. Five of the Jesuit priests were Spanish
nationals, and the remaining victims were from El Salvador.
At the time, Montano was a colonel in the Salvadoran army,
and he also served as Vice Minister of Defense and Public Safety. The complaint alleges that he shared
oversight responsibility over a government radio station that, days before the
massacre, issued threats urging the murder of the Jesuit priests. The day before the murders, Montano also
allegedly participated in a series of meetings during which one of his fellow
officers gave the order to kill the leader of the Jesuits and leave no
witnesses. The following day, members of
the Salvadoran army allegedly executed the six priests, their housekeeper, and
the housekeeper’s daughter.
On Feb. 4, 2016, a U.S. magistrate judge in the Eastern
District of North Carolina ruled that Montano could be extradited to Spain to
stand trial for charges stemming from his participation in the murder of the
five Spanish Jesuit priests. In August
2017, the federal district court in the Eastern District of North Carolina
dismissed Montano’s habeas corpus petition challenging the magistrate judge’s
ruling. Montano unsuccessfully sought a
stay of his extradition in the Eastern District of North Carolina, the U.S.
Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court. On Oct. 20, the U.S. Department of State
issued an order granting Montano’s surrender to Spain.
Montano’s extradition follows his 21-month federal prison
sentence in the United States for his 2013 conviction in the District of
Massachusetts for immigration fraud and perjury in connection with false statements
that he made to immigration authorities to remain in the United States. Montano served his prison sentence in North
Carolina, which is where his extradition proceedings took place.
His criminal conviction stemmed from false statements
Montano made to obtain Temporary Protective Status (TPS), a benefit available
to foreign nationals, permitting them to remain in the United States if they
are unable to safely return to their home country because of ongoing armed
conflict, the temporary effects of an environmental disaster, or other
extraordinary and temporary conditions. In 2002, Montano was present in the
United States and, on several occasions thereafter, applied for and obtained
TPS. On his applications, Montano falsified the date on which he entered the
country because he knew that if he stated the actual date, he would have been
ineligible for TPS.
The allegations contained in the Spanish extradition request
are merely accusations, and any finding of guilt or innocence will be made by
Spanish courts.
The criminal investigation in the United States was
conducted by ICE’s Homeland Security Investigations with support from the Human
Rights Violators and War Crimes Center.
The extradition proceedings were handled by attorneys from the U.S.
Attorney’s Office for the Eastern District of North Carolina, the District of
Massachusetts, and the Office of International Affairs.
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