A Trial Policy

ONE NIGHT NEARLY two years ago, three American nuns and a lay worker were making their way toward Zacatecoluca, 45 miles southeast of San Salvador, when five Salvadoran national guardsmen stopped and questioned them. Later, the soldiers claimed the women had tried to avoid a roadblock. No one will ever know the Americans' side of the story: they were raped, murdered and buried.

It took months to bring the guardsmen to trial. And even then, most observers believed the case would eventually be dismissed, chalked up as another stain on the Salvadoran government's already soiled human rights record. But Monday, a judge in Zacatecoluca found that the soldiers had "participated in the crime" of aggravated assault. Unless the guardsmen successfully appeal the decision--an unlikely event--they will go to jail for their crimes.

The surprise move by judge Bernardo Rauda Murcia reflects in part the Reagan Administration's new-found desire to get tough with El Salvador's extreme-right government that came to power last spring. Three weeks ago, U.S. ambassador Dean Hinton, who had previously been reticent to criticize the Salvadoran government, shocked a gathering of business executives in San Salvador by berating them on the human rights issue. Unless the Latin American government seeks conciliation with the left and puts an end to the terror inflicted upon civilians. Hinton declared that the United States will halt military aid to El Salvador.

The White House is aware that it faces growing concern in Congress that things have gotten worse in El Salvador since the U.S. sponsored elections in March. Several reports by human rights monitoring groups show murders by the military have increased over the last few months. Land reform and other positive steps undertaken by the Duarte regime that preceded the present government have been stopped, and in some cases reversed. And extreme right leader Roberto d'Aubuisson has said he will not talk with the guerilla opposition.

The Administration must periodically insure Congress that the Salvadoran government is making adequate progress on human rights. The next committee hearing on the matter will take place in late January. But Congressional leaders have made it quite clear that this time, they won't back a request to give El Salvador more guns. So the Administration has tried to tighten the reins on d'Aubuisson.

If a correlation can be made between Rauda Marcia's decision and Reagan's new policy, it's a shame the Administration didn't crack down on El Salvador earlier. Washington is in a position to dictate positive, pragmatic changes to the Salvadorans without resorting to military aid. If those in power don't hesitate to use that influence, more chaos in El Salvador--and more deaths--can still be avoided.