(Please click here for a concise background on the Santa Marta land dispute.)

February 22, 2009

Our last update on the land dispute in Santa Marta at the end of November reported that the court in San Salvador (Juzgado Quinto de Sentencia) repeatedly had delayed issuing a verdict in Santa Marta’s lawsuit against Sr. Sigfredo Pleytez and that negotiations with the children of former, late (she passed away in August, 2007) landowner Sra. María Beltrán, mediated by the office of the Human Rights Ombudsman (Procurador de Derechos Humanos), had made no progress; the Beltrán family demanding US$70,000, Santa Marta offering US$40,000.

On December 8, CoCoDA sent a letter to the Salvadoran Procurador de Derechos Humanos, Lic. Oscar Humberto Luna, signed by 22 individuals in North America who have pledged to back a loan from Massachusetts-based Equity Trust in support of a negotiated settlement, to voice international support for resolving the dispute in a non-violent and just fashion. 

In the letter, we stated our dismay that the Salvadoran justice system had not yet taken any responsible measure to recognize the basic rights of the Santa Marta families threatened by the dispute and pending order for eviction; that the Salvadoran government had as yet to acknowledge any responsibility for having issued duplicate and contradicting titles and official documents in the case; and that no justice had been brought against Sr. Sigfredo Pleytez, who received $26,400 from Santa Marta in 1994 using a title that several years later was nullified by the same local court that initially had issued the title to Pleytez. 

Copies of the letter were sent to U.S. Ambassador to El Salvador Thomas Shannon, Jr. and to 28 U.S. congressional representatives and senators by their constituents who are co-sponsors of the Equity Trust loan offer.

The Latest News

Santa Marta representatives have reported to CoCoDA that the Quinto Juzgado de Sentencia did eventually rule, in late October 2008, that Santa Marta had not proven criminal intent on the part of Sr. Pleytez, and therefore ruled against Santa Marta in their criminal case (caso penal) against him. 

In reaction to the ruling, on December 2, 2008 representatives of Santa Marta met with the public prosecutor assigned to the case by the Attorney General.  The prosecutor said he had not yet received the written verdict of the Quinto Juzgado, but that when he did he would issue an appeal.  An appeal was issued by the public prosecutor and FESPAD attorneys representing Santa Marta on January 5, 2009.  It may take six months or longer for the appeal to get a hearing in court.  The public prosecutor said that Santa Marta also has the option of bringing a civil suit against Pleytez demanding reparations for damages caused by his fraudulent land sale. 

The public prosecutor said that the eviction order against 62-63 Santa Marta families (both numbers have appeared in Santa Marta’s reports)  that the late Sra. María Beltrán had secured should no longer been in effect, that her heirs would have to initiate the process from the beginning to revive the order for eviction.  Sra. Beltrán’s daughter, Magdalena Betrán, must show an “Acceptance of Inheritance” document that names her as the legally appointed representative of the family in the case, in which her siblings would have to authorize her to continue with the case.  Research by Santa Marta’s attorneys have found only one document registered in San Salvador that declares inheritance rights by Sra. Beltrán’s children but it is based on outdated data.  There appears to be no documentation to that effect in the land registry in San Vicente, where all real estate documentation is registered. 

There is some speculation by Santa Marta representatives that the Beltrán attorneys are feeling pressure to reach an agreement with Santa Marta considering the legal complications caused by Sra. Beltrán’s death.  In late December and again in late January, Santa Marta representatives asked CoCoDA if we could process the Equity Trust loan, as They are approaching other possible funding sources to complement the $26,400 we have offered. 

CoCoDA’s position is that we must have legal proof and guarantee that the loan will definitively resolve the dispute with the former owners, leaving Santa Marta with clear, undisputed title to the land; and that we have some assurance that the case to recuperate the money paid to Sr. Pleytez for the fraudulent title in 1994 will be carried through until justice is done.  We do not want to capitulate to extortion, fraud or apparent corruption within the Salvadoran justice system.

However, to be prepared, CoCoDA has asked Equity Trust to prepare the papers necessary to process the loan at short notice should the moment come for action.

October 17, 2008

Here is an update on yesterday's court hearing on the Santa Marta situation.  Marta Mijango, who  is studying English with support from a Moakley Scholarship Fund set up by students, faculty and friends at Suffolk University (Moakley's alma mater), translates her own message into English below the Spanish.

Tim / CoCoDA

(Spanish)

Hola a todos y todas, ayer quedo evidenciado nuevamente que la Comunidad de Santa Marta no esta dispuesta a perder las tierras que son nuestras y que nos ha costado sangre y sudor.
Dos buses con un total de 60 personas cada uno se hicieron presentes desde las 8:00 de la mañana frente al Juzgado Quinto de Sentencia de San Salvador (Centro Judicial Isidro Menéndez)  para exigir Justicia en contra del estafador Sigfredo Pleitez.
Esta audiencia estaba programada para las 8:00 de la mañana, pero tuvo un retrazo de una hora y media,  dando inicio a las 9:30 y finalizando a las 7:00 de noche. No teniendo un resultado final todavía, ya que este caso a finalizado por un lado pero por otro comienza un nuevo proceso en el cual la comunidad todavía tiene que estar pendiente.

Hubieron dos resultados:

1. La Cooperativa representante de la comunidad gana las tierras del Señor JUAN JOSÉ MARÍA JOVEL. BONILLA, EL Juez dio la potestad a la Cooperativa que puede poseer las tierras y que estas no tienen ningún problema.
2. Por otro lado el estafador Sigfredo Pleitez, queda libre por el momento por que se llevara a cabo otro proceso en el cual se estan pidiendo todos los documentos legales que se obtuvieron para las compras de las tierras. En este caso el mas importante un testamento que acredite que Maria Beltrán los haya heredado. Documento que según nuestro abogado no existe.  Si este no existe con toda seguridad Santa Marta gana el caso.
3. El próximo jueves será la sentencia final a las 3 de la tarde, para comenzar un nuevo proceso.

Esto es todo el resultado, si hay algo que no entienden pueden preguntar, que nosotros estaremos en contacto.

Con cariño Marta. 

(English)

Hello everyone, yesterday became evident again that the Community of Santa Marta is not prepared to lose the land that is ours and it has cost us blood and sweat.
Two buses with a total of 60 persons each were present from 8:00 in the morning in front of the Fifth Court of Sentence of San Salvador (Judicial Center Isidro Menendez) to demand justice against the fraudster Sigfredo Pleitez.
This hearing was scheduled for 8:00 in the morning, but had a delay of one hour and a half, giving start at 9:30 and ending at 7:00 at night. Not having a final outcome yet, as this case to end on the one hand but on the other starts a new process in which the community has yet to be outstanding.

There were two results:

1. Cooperativa representative of the community wins land of the Lord JUAN JOSE MARIA JOVEL BONILLA, the judge gave the power to the Cooperative who can own land and they do not have any problem.
2. On the other hand the fraudster Sigfredo Pleitez, is free for the moment that will take place in another process which are asking all legal documents that were obtained for the purchase of the land. In this case the most important thing a testament to the effect that Maria Beltran has inherited. Document that does not exist according to our lawyer. If they fail there is almost certainly Santa Marta wins the case.
3. The next Thursday will be the final ruling at 3 pm, to begin a new process.

This is all the result, if there is anything you do not understand can ask, that we will be in touch.

Marta fondly.

September 21, 2008

Below is a message from Marta Mijango of ADES and Santa Marta informing that the hearing that was to happen on Wednesday of last week was postponed to October 1, 2008 "sin mayor explicación" (without any explanation).  A complete English translation follows her message, with photos she sent of the Santa Marta folks who went to the court in San Salvador.

Compañeros y compañeras la audiencia que estaba programada para este miercoles 17 de septiembre del presente año para definir las tierras de nuestra comunidad de Santa Marta, no se llevo a cabo, se suspendio sin mayor explicacion por parte del guez que lleva el caso, solamente se informo que sera hasta el dia  01 de octubre de 2008. por lo tanto seguimos en espera de un resultado o verediccto final, que esperamos que sea favorable para nosotros. Apesar de la tardanza de los resultados  todos/as seguimos pendientes y apoyando el caso. Esperamos que ustedes tambien sigan en nuestro apoyo.

Seguimos en contacto.

Con cariño Marta 
 

Translation to English by CoCoDA:

Compañeros y Compañeras the hearing that was programmed for last Wednesday September 17 of this year to determine the outcome of the lands of our community of Santa Marta, did not happen, it was postponed without any explanation from the judge who is on the case, we were only informed that it will not be until October 1, 2007. So, we continue to wait for a result and final verdict, and we hope it will be favorable for us.  Despite the delay in getting results all of us continue to be vigilant and supporting the case.  We hope that you all will continue to support us.

We will be in touch.

With affection, Marta (Mijango)

Santa Marta Residents at Court

 

September 15, 2008

On Wednesday, September 17, Santa Marta representatives will have their day in court against Sigfredo Pleytez, the agent who sold the land to the Santa Marta Cooperative that was subsequently nullified in a local court by the former owners -- the Beltrán family and Juan José Bonilla. 

A representative of ADES informed us this past week that the Procurator for Human Rights views as a positive gesture the offer made by Santa Marta to pay the former owners the original asking price for the land ($26,400), the offer made possible by CoCoDA, 20 co-sponsors, and Equity Trust, Inc.  The offer has been rebuffed by the former owners (they say a minimum of $70,000 -- nearly 3 times the value of the land when purchased by Santa Marta in 1994). 

Even though the former owners have rejected the offer, ADES and Santa Marta think it is valuable to keep the offer on the table.  The Procurator is focusing efforts on getting the Salvadoran Government itself to assume responsibility for resolving the conflict, since the problem has resulted from government agencies issuing contradicting titles and court rulings.  The offer to compensate the former owners (essentially re-purchase the land) postures Santa Marta in a strong position as the party seeking a reasonable solution.

September 2, 2008

Sources from ADES and Santa Marta informed us that on Tuesday of last week the Seventh Examining Magistrate ("Juez Séptimo de Instrucción") in San Salvador met with representatives of Santa Marta and their legal representatives from FESPAD to hear their case against Sigfredo Pleytez. A busload of about 60 residents of Santa Marta held a presence outside the hearing. Neither the Beltrán family nor Juan José Bonilla, the former owners claiming to have never received payment or transferred ownership, joined with Santa Marta in their case against Pleytez.

After hearing Santa Marta's argument, the judge agreed to bring the case to trial, which gives hope to ADES and Santa Marta.

It does not appear there is much likelihood of negotiations with the former owners bringing a united front against Pleytez. The eviction order from the Justice of the Peace in Victoria will apparently be on hold until there is a verdict in Santa Marta's case against Pleytez.

June 26, 2008

We've received word from representatives of the Santa Marta cooperative and ADES (Asociación de Desarrollo Económico Social, Santa Marta) that there is some progress in the Santa Marta land ownership dispute.

On behalf of Santa Marta, there are three entities coordinating together: Cooperativa Nueva Heróica Santa Marta; ADESCO Santa Marta (Asocación de Desarrollo Comunitario); and ADES. From here forward, I will simply refer to them all as representatives of Santa Marta.

In April, representatives of Santa Marta met with the attorneys who have been representing them from the legal association FESPAD, and they met with the Director of FESPAD, María Silvia Guillén. In these meetings they expressed concern that FESPAD has not been giving the case the aggressive attention necessary to bring about a timely resolution. Lcda. Guillén, the director, said that she would become personally involved in the case to ensure the case gets the level of commitment and priority it demands.

On April 22, in the offices of FESPAD, Santa Marta representatives met with officials from the Procurator for Human Rights' office to propose mediating negotiations with the former owners. They expressed willingness to do this, but to date no negotiations have begun.

Just this week (late June), a member of the Santa Marta cooperative reported by phone that the Attorney General's office has finally taken action on the case against Sigfredo Pleytez, issuing a subpoena to Pleytez. Pleytez was the middle man who received payment from Santa Marta for the land, and held the title that former owners claim was fraudulent.

Representatives of Santa Marta have been in communication with attorneys of the Beltrán family about working with Santa Marta in pursuing the case against Pleytez, and at least verbally they have expressed a willingness to cooperate.

October 6, 2007

Today the community of Santa Marta, Cabañas, with the NGOs ADES (Asociación de Desarrollo Economico y Social) and FESPAD (La Fundación de Estudios para la Aplicación del Derecho) are hosting an all-day conference in Santa Marta on the nation-wide dilemma of eviction threats to Salvadoran communities. Two hundred delegates representing 50 communities are expected to participate.

The goal of the conference is to create a "Declaración de Santa Marta" document in which all communities facing eviction threats declare their resolve to defend their right to property as a unified effort.

Here is an excerpt from the conference invitation:

"If in 1882 indigenous communities were evicted because land was needed for the large coffee plantations, now the policy of evictions is based on taking lands from communities to implement projects of tourism, urban development, railroads, mines, dams, highways, etc. Once again the victims of the plundering are the same."

"Santa Marta, symbol of the fight against injustice and impunity!"

On October 16, Santa Marta will hold a Public Forum to publicize and discuss the content of the "Declaración de Santa Marta", with the aim of generating broad public support for the statement. The announcements for the two events, in Spanish, are available here.

October 10 will be the 20th anniversary of the first repatriation of Santa Marta from refugee camps in Honduras.

September 30, 2007

CoCoDA is seeking individuals or groups willing to make a five-year pledge to co-sponsor a possible re-financing deal that would strengthen Santa Marta's negotiating position for an out-of-court settlement of their land dispute with the family of Maria Elba Beltrán. Any friends and supporters of Santa Marta interested in joining forces with us to help find a non-violent and lasting resolution to this land crisis, please contact us at cocodaindy@igc.org so we might discuss more details with you.

Thursday, June 7, 2007

We were informed by phone that the Salvadoran Supreme Court ruled against Santa Marta in their appeal for constitutional protection in the dispute over ownership of the land they purchased in 1994. (See below for background information.) Santa Marta leaders and their attorneys are re-grouping. We expect to receive more details in the near future, and will be able to provide a more thorough update with thoughts about next steps at that time.

Wednesday, May 16, 2007

A representative of Santa Marta reported today that the Salvadoran Supreme Court, Sala de lo Constitucional, is still reviewing Santa Marta's appeal for protection of their constituational rights and for an over-turn of the lower court rulings that granted the former land owners right to evict Santa Marta families (see below for past updates and background on the situation). The Supreme Court has sent some questions and requests for additional information and documentation to Santa Marta's attorneys. It is likely the Supreme Court will come with a decision on the case in the next week or two. The lower court order granting right to evict is on hold while the Supreme Court handles the appeal.

Representatives of Santa Marta are also seeking an audience with the Human Rights and Justice Commission of the Salvadoran Legistlative Assembly, a body that includes representatives of all El Salvador's political parties, asking for a resolution that would urge the Salvadoran Attorney General to order ISTA, the Salvadoran Institute for Agrarian Reform, to take charge of bringing about a resolution to the situation.

Thursday, May 3, 2007

Here is a note with photos from Daysi Osorio, representative of ADES (Asociación de Desarrollo Económico Social, Santa Marta), about the weekend's vigil outside Santa Marta to protect their land. In one of the photos you see the community's attorney, part of the legal services organization, FESPAD, informing people about the appeal presented last Friday to the Supreme Court for protection of the community's constitutional rights. Also filed was a suit against Sigredo Pleytez for fraud, and against María Elba Beltrán for complicity. In the end, no one came to the community to enforce the eviction order over the holiday weekend.

Banners seen in the photos read:

"DON'T UNDERMINE THE DREAMS OF SANTA MARTA'S CHILDREN"

"OUR COMMUNITIES HAVE NOT STOLEN EVEN ONE CENTIMETER OF LAND; IT COST US MONEY AND BLOOD"

"AGAINST FORCED EVICTIONS AND THE NEOLIBERAL POLICIES OF THE GOVERNMENT. NO, NO MORE..."

Saturday, April 28, 2007

Luis Rivas, on behalf of all the community of Santa Marta, just called “to express our warmest greetings and deepest gratitude to all our friends in other countries who signed the open letter of support to the Supreme Court of El Salvador.  Right now we are analyzing the ad in today’s La Prensa Gráfica and we are very pleased and very grateful for the message and the many, many people who signed.  Please send our warmest greetings to all and thank you very much for your solidarity with us.”

Luis reported that they remain vigilant outside the community, and reiterated that their appeal for protection of their constitutional rights was received by the Salvadoran Supreme Court Sala de lo Constitucional yesterday at 4 p.m. registered under Recurso de Amparo No. 236-07.  They do not know when it will be brought before the court for discussion.

For direct updates on the situation or to voice support for the community, individuals can call the local community radio station, Radio Victoria, at (011) 503-2389-3381.

Friday, April 27, 2007
11:00 p.m.

We received a phone call from Santa Marta tonight, informing us that at 4 p.m. this afternoon the Supreme Court of El Salvador received Santa Marta’s recurso de amparo, or appeal for protection of constitutional rights, for a second time.  The community does not have confirmation if this effectively blocks of the order for eviction, which became effective today.

Beginning at 3 a.m. this morning, Santa Marta residents stood vigil in two locations, one near Victoria, the municipal seat where the Justice of Peace who has issued the eviction order is based; and one down the road near the turn off to the community of Santa Marta.  They anticipated the possibility that the Justice of Peace and/or her agents would come to verify if the families had vacated the property, which they have no intention of doing.  But no one came.

There were peaceful demonstrations of support for Santa Marta in various locations across El Salvador by communities and organizations – places such as San Martín and the Bajo Lempa, and some have been arriving to Santa Marta to support the vigil.  A diputado in the Legislative Assembly from Cabañas, Antonio Echeverría of the FMLN, came to express support for the community and observe the situation first-hand.   The community radio Radio Victoria and the ARPAS national network of community radio stations were present throughout the day as well.  The community plans to maintain vigil until they have certain news that the eviction threat has been removed.

Leti, a leader in Santa Marta, said “We cannot complain about feeling alone because we have felt support from across the country and internationally, and we are deeply grateful for this solidarity and support as we defend (our land and rights).” 

Tomorrow morning a full-page ad of the open letter delivered to the Supreme Court in support of Santa Marta from many of us in the international community will appear in La Prensa Gráfica, a major daily Salvadoran newspaper. The ad can be viewed as a jpeg or MSWord document.

Thanks to all for your on-going concern, moral support, financial contributions and actions.

Friday, April 27, 2007
3:00 p.m.

Representatives of Santa Marta report that their attorneys have re-presented to the Supreme Court their appeal for a suspension of the order for eviction of Santa Marta families from land under dispute of title. Contrary to our report of April 26, the date given for eviction by the lower court order was today, April 27.

Presently, residents of Santa Marta have mobilized at the “desvío” (road turn) to Santa Marta, to prevent any incursion of police or troops to forcibly remove the population from their homes.

Santa Marta does not expect a response from the Supreme Court today, which would mean they would not have hope of a court order to protect them from forced eviction until WEDNESDAY, MAY 2, because all government offices in El Salvador will be closed over the weekend and on Monday and Tuesday for Primero de Mayo labor holiday.

We will remain alert to the situation and update as we hear news.

Thursday, April 26, 2007

Last October, we informed about a threat of eviction issued against the community of Santa Marta in Cabañas, El Salvador.  The problem involves three properties Santa Marta purchased in good faith and through a legitimate process in 1994, but now the former owners claim the person they commissioned for handling the sale used a fraudulent title, which they successfully got nullified in a local Sensuntepeque court, the ruling which serves as the legal basis for the order of eviction.  The former owner has said they will drop the eviction order if Santa Marta purchases the land again for four times the cost of the 1994 purchase.

With support from CoCoDA and others, the Santa Marta Cooperative, the legal entity in whose name the land was titled and registered in 1994, contracted attorneys to represent them in this case.  Santa Marta’s attorneys appealed to the constitutional branch of the Supreme Court of El Salvador, asking for a suspension of the lower court’s order to allow the more than 50 Santa Marta families affected to have due process in a court of law.  These families and Santa Marta as a community have lived on these lands for nearly 20 years and, with the security of being the property owners with duly registered title, have invested in homes, agriculture, and social infrastructure.  The eviction order has not allowed these families any due process to defend their rights and their property and investments.

The Supreme Court ultimately did not accept the appeal, stating they needed more substantial evidence, but leaving open the option for Santa Marta’s attorneys to re-submit.  In the meantime, the former owners’ attorneys have once again gotten an eviction order with the date of April 28.   Santa Marta’s attorneys intend to re-submit the case to the Supreme Court before that date, and also are approaching the Legislative Assembly asking for expropriation of the land in the interest of social and public welfare, to then initiate a process to transfer ownership to the families who have occupied the land for the past two decades.

Actions in support:

• CoCoDA,  Oberlin Solidarity with El Salvador, and Doctors for Global Health sent an open letter of support for Santa Marta to the Salvadoran Supreme Court, with several hundred signatures of those of you who signed on last Fall and this Spring. A copy of that letter is available upon request (cocodaindy@igc.org)
  
  
• Please inform CoCoDA of possible funding sources for Santa Marta’s Legal Defense, as this costly dispute will likely continue for months and Santa Marta’s funds are almost spent.
  
  

Additional information about this situation is available in English and Spanish.

The full-page advertisement that appeared in La Prensa Gráfica on 28 April 2007 can be viewed as a jpeg or MSWord document.