Gert Kuiper, brother of slain journalist Jan Kuiper, is pursuing justice through a civil lawsuit against former military officer Reyes Mena in the U.S. This coincides with a criminal prosecution in El Salvador for the killing of Kuiper and three other journalists during the civil war. The case highlights issues of impunity in journalist killings and the challenges faced in obtaining justice for historical crimes.
Gert Kuiper vividly recalls the moment he learned of his brother Jan’s death while reporting on El Salvador’s civil war. Back in 1982, he sat in a Madrid bar when the news broke, and the next day he returned to the Netherlands, confronted by headlines detailing the loss of his brother and three other Dutch journalists. “It felt like a movie. It didn’t feel real,” Kuiper reflected on the traumatic experience.
Jan Kuiper was endeavoring to document the civil war alongside his colleagues when they were tragically killed on March 17, 1982. Despite decades having passed, legal obstacles have historically thwarted accountability. The plight speaks to the broader issue of impunity that persists globally in cases of journalist murders, notably linked to the struggles El Salvador faces in reconciling its civil war’s aftermath.
Now, at the age of 71, Gert Kuiper is pursuing justice through a civil lawsuit against Reyes Mena, a former Salvadoran military officer implicated in orchestrating the killings, as determined by a United Nations truth commission. Mena, now 85, has resided in the United States for many years, and a district court in Alexandria, Virginia, is deliberating on Kuiper’s case.
Kuiper’s civil lawsuit parallels a criminal prosecution occurring in El Salvador, where Mena and others are charged with the journalists’ killings, though a trial date has yet to be established. Reports indicate that approximately 75,000 civilians lost their lives during the civil war, largely at the hands of U.S.-supported government forces.
The U.N. truth commission has thoroughly investigated the killings of the Dutch journalists, deemed by attorney Daniel McLaughlin to be “among the most emblematic of the civil war in El Salvador.” Investigative findings established that the journalists were murdered while attempting to enter areas controlled by leftist guerrillas, with the killings occurring near a military facility overseen by Mena.
Kuiper, alongside his family, has long advocated for justice, feeling a strong moral imperative to rectify the wrongs done to his brother. Previous laws, including a blanket amnesty for civil war crimes, obstructed any possibility of accountability. However, El Salvador’s Supreme Court abolished this amnesty law in 2016, paving the way for high-ranking military officials to be prosecuted for such crimes, marking a significant development in seeking justice.
Experts suggest that Kuiper’s case, which could signify a shift away from historic impunity in El Salvador, is progressing more smoothly due to the victims not being Salvadorans. Comparatively, efforts to address more notorious incidents, such as the El Mozote massacre, have languished without progress.
Legal analysts express optimism that the current case may catalyze broader accountability for other civil war atrocities. Kuiper’s civil lawsuit carries crucial significance, especially since Mena may not be extradited to El Salvador for the criminal prosecution. As articulated by McLaughlin, “The civil case is an opportunity to set the historical record straight.”
The lawsuit alleges violations of the Torture Victim Protection Act, enabling families of victims of extrajudicial killings abroad to seek justice within U.S. courts, as Mena is subject to U.S. jurisdiction. This legal case embodies a universal challenge against global impunity in journalist killings, as cited by the Committee to Protect Journalists, which indicates that nearly 80% of past cases remain unresolved.
Despite the absence of prison penalties in civil cases, what Kuiper yearns for is a formal acknowledgment of the intentional murder of his brother. He firmly states, “It’s important to fight to the utmost to get an official acknowledgement. That’s what I really want.”
The ongoing lawsuit filed by Gert Kuiper against Reyes Mena reflects a critical movement towards seeking justice for the wrongful death of journalists in El Salvador. As legal battles unfold in the U.S. and El Salvador, this case serves as a crucial opportunity to address the historic impunity surrounding the civil war and may pave the way for broader accountability for similar crimes. Ultimately, Kuiper seeks not only justice for his brother’s murder but also official recognition of the wrongful acts committed against the journalists.
Original Source: www.voanews.com
