Nicaragua the Sandinista Way of Justice

By Jill Smolowe

The only drama was the delay. For days the People's Tribunal in Managua endlessly discussed a verdict, irritating the tired defendant, his lawyers and the impatient international press corps. And when the tribunal finally handed down its ruling in the case of Eugene Hasenfus late last week, there were no surprises. Since the opening of the trial on Oct. 20, the outcome had never been in doubt. Ample evidence, and Hasenfus' own admission, confirmed that the former Marine had been delivering weapons to the U.S.-backed contras when his C-123K cargo plane was downed over Nicaragua on Oct. 5. For that act, Hasenfus was found guilty of terrorism, illicit association and violation of public security. He received a 30-year sentence, the maximum penalty under Nicaraguan law, and will seek an appeal.

With the verdict a foregone conclusion, attention had long since turned to a far more intriguing question: What will become of Hasenfus? Before the trial began, Nicaraguan President Daniel Ortega hinted that the hapless gunrunner might be pardoned and released by Christmas. But since then some Sandinista militants and officials have taken a tougher stance. Last week Ortega seemed prepared to sidestep the issue and dump the problem of Hasenfus' future on Washington. In an interview with Mexican reporters, Ortega said he was waiting to see if the Reagan Administration would acknowledge responsibility for Hasenfus and his aborted mission.

If Hasenfus' release depends on such an admission, the mercenary may find himself occupying a Nicaraguan prison cell for a long time. U.S. officials continue to deny any involvement in the private arms pipeline that sprang up in the two years after Congress cut off military aid to the rebels. Moreover, the Administration shows little sign of seeking accommodation with the Sandinistas. After intensive lobbying last spring, it persuaded Congress to resume direct aid to the contras. Two weeks ago the first planeloads of military supplies, bought with funds from a $100 million aid package, began flowing to the rebels via the Aguacate military base in Honduras.

Secretary of State George Shultz went on the road last week to defend American policy toward Nicaragua. During a speech in Guatemala before the 16th General Assembly of the Organization of American States, he offered little hope for a negotiated settlement. "Foreign intervention in the form of alien ideologies and foreign cadres -- from Cuba, the Soviet Union, East Germany, North Korea, Viet Nam and Libya -- is at this very moment promoting instability and violence in Central America," said Shultz. "The only road to peace and stability is to eliminate that alien intervention." He asserted that "there would be a great sigh of relief in all of Latin America" if a new, more democratic government were installed in Managua.

While few delegates disputed that statement, several contradicted Shultz's claim that there is mounting sympathy in Latin America for the confrontational U.S. policy of support for the contras. "The United States insists on using force, and we reject force," complained a diplomat at the meeting. Luis Gonzales Posada, Peru's Ambassador to the OAS, said U.S. support for the rebels "makes the situation worse." Meanwhile Miguel d'Escoto, Nicaragua's Foreign Minister, charged that the "colossus from the north" was the cause of the "problem in Central America and the problems in Latin America." His deputy, Victor Hugo Tinoco, warned that as a result of U.S. intervention in the region, the danger of a war between Nicaragua and Honduras was growing.

News trickled out last week of major skirmishes in the part of Honduras that juts into Nicaragua's northern Jinotega province. According to Western intelligence officials in Central America, fighting raged for three days during the last week of October, involving roughly 500 Sandinista and 500 rebel soldiers. In the first significant battle since last March, dozens were left dead and at least 100 were wounded. There was also confirmation last week of two contra ambushes in central Nicaragua during the first week of November that killed ten people, including Alfonso Nunez Rodriguez, a prominent Sandinista peasant organizer.

Some Nicaraguans, however, remained preoccupied with the fate of Hasenfus. People who lingered outside the sweltering courtroom during the trial demonstrated surprising sympathy for the somber American and his shy wife Sally. Sandinista officials also showed concern. "Eugene Hasenfus is not responsible for the American policy," said a high-ranking Sandinista. "It is in our interest to concentrate more on issues and less on the individual. He is not a cause but a symptom."

The official held out some hope that the couple's ordeal would quickly end. "Christmas is a time for pardons. It is a tradition here," he said. "Leniency can and should be expected. Nicaragua is not out for revenge." Other officials were less generous. "He should get 30 years in prison," said Comandante Victor Tirado Lopez. Last week El Nuevo Diario, a progovernment newspaper, quoted an official as saying, "The possibility that Soldier of Fortune Eugene Hasenfus will be pardoned in the short term by the Sandinista government is practically nil."

There is now vague talk of a "Wisconsin solution." Nicaraguan Vice President Sergio Ramirez may travel this week to Wisconsin, which has been Nicaragua's sister state since the early '60s and happens to be Hasenfus' home state as well. The hope is that some sisterly arrangement can be worked out so that Hasenfus will be back in Wisconsin for Christmas.

With reporting by Laura Lopez/Managua