South America

Documents Show Pinochet Ordered 1976 Assassination

By Kaitlyn Degnan
Impunity Watch Reporter, South America 

SANTIAGO, Chile — Newly declassified documents show that 1976 assassination of Chilean diplomat Orlando Letelier was directly ordered by General Augusto Pinochet. Pinochet ruled Chile as dictator from 1973 until 1990.

Orlando Letelier, along with an American co-worker, was killed by a car bomb in Washington, D.C. on September 21, 1976. A third passenger was seriously injured, but survived.

A Washington, D.C. memorial to Letelier and Ronni Moffit. (Photo courtesy of the New York Times).

Letelier was a former Chilean defense and foreign minister, a top official under Salvador Allende, the Marxist President deposed in the 1973 coup. Before fleeing to the United States, Letelier was tortured and jailed.

In the United States, Letelier lobbied against Pinochet’s government and was considered one of its most prominent opponents.

The documents included a secret 1987 memorandum written by George P. Shultz, then Secretary of State. The memorandum (addressed to President Ronald Reagan) referred to a C.I.A. report which he said contained “convincing evidence that President Pinochet personally ordered his intelligence chief to carry out the murders.”

Chilean courts held agents of DINA, the intelligent agency and Pinochet’s secret police, responsible for the murder.

The former director of DINA, General Manuel Contreras, was later tried and convicted of human rights violations in the 1990s by a Chilean court. He was sentenced to 505 years in prison, where he died on August 8, 2015.

The documents allegedly include correspondence from Contreras confirming that “all foreign operations had been approved by Pinochet.”

It has long been assumed that Pinochet was responsible for the murder, but this is the first presentation of conclusive evidence.

John Kerry gave the collection of over 280 documents to the Chilean government while in the country this week. The documents had previously been withheld from the last release of documents related to the Pinochet regime, released by the Clinton administration from 1999 to 2000. The Justice Department had renewed the investigation into the case and the withheld documents were considered potential evidence.

The release of the documents was reported by Chilean Senator Juab Pablo Letelier, son of the late Orlando Letelier. Chilean President Michelle Bachelet arranged for Senator Letelier to receive copies of the documents. He said that the documents contained “concrete information about how Pinochet covered up his responsibility.”

 

For more information, please see:

The Guardian – Pinochet directly ordered killing on US soil of Chilean diplomat, papers reveal – 8 October 2015

Reuters – U.S. documents show Pinochet ordered Letelier’s murder: Chilean senator – 8 October 2015

Washington Post – Declassified US docs reveal Pinochet ordered killing in US – 8 October 2015

Fox News Latino – Chilean dictator Pinochet personally ordered assassination of diplomat, documents reveal – 9 October 2015

New York Times – C.I.A. Believed Pinochet Ordered 1976 Assassination in U.S., Memo Reveals – 9 October 2015

 

 

 

Brazil: Former President Questioned in Scandal

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BRASILIA, Brazil — The Federal Supreme Court has ruled that former President Luiz Inacio Lula da Silva (Lula) may be questioned in the Petrobras scandal. He may only be questioned as a witness and not as a target of investigation. Prosecutors say there is no evidence of tying Lula, who served as president of Brazil from 2003 until 2011, to any crimes. Should evidence of wrongdoing come to light, the Supreme Court would have to specifically authorize an investigation into Lula’s conduct.

Former Brazilian President Luiz Inacio Lula da Silva. (Photo courtesy of the New York Times).

The Federal Police motioned to question Lula, saying that he may have “obtained benefits for himself, his party, the still-governing PT (Workers Party); or his administration by maintaining a base of political support sustained at the cost of illicit business.” Investigators said that evidence that had already been obtained in plea bargain testimony from those already convicted implies that the scandal “reaches the political and partisan nucleus of his government.”

The scheme at the center of the Petrobras scandal is alleged to have run from 2004 until 2014. The scheme provided kickbacks for contracts and created the illusion of a competitive bidding process.

During at least part of the time when the scheme was in place, current President Dilma Rousseff was serving as Chairwoman of Petrobras. She has not been charged with any wrongdoing.

A number of high level officials who served under Lula have already been implicated in the scandal, including his former Chief of Staff, Jose Dirceu. Dirceu has been charged by federal prosecutors with corruption, money laundering and racketeering. He is believed to have started the scheme.

The former treasurer of the Worker’s Party Joao Vaccari was convicted of corruption, money laundering and conspiracy, and sentenced to over 15 years in prison. He accepted at least $1 million in bribes.

Additionally, charges have been brought against the current speaker of the lower house of congress, Eduardo Cunha, and senator Fernando Collor de Mello, who was president from 1990-1992.

As a result of the scandal, the Court has issued a prohibition on corporate entities providing funding to political candidates.

For more information, please see:

Reuters – Brazil court allows allows Lula questioning in Petrobras corruption case – 2 October 2015

Wall Street Journal – Brazil Supreme Court Allows Police Questioning of Ex President – 2 October 2015

Agence France-Presse – Brazil high court: Lula can be questioned in Petrobras probe – 3 October 2015

Fox News Latino – Brazil high court OKs questioning of Lula in Petrobras corruption case – 3 October 2015

International Business Times – Petrobras Scandal: Brazil’s Highest Court Rules Authorities Can Question Former President Lula da Silva In Growing Political Kickback Investigation – 3 October 2015

Jurist – Brazil ex-president to be questioned in Petrobras case – 3 October 2015

 

 

 

Peru Declares State of Emergency Following Protests

By Kaitlyn Degnan
Impunity Watch Reporter, South America

LIMA, Peru — Four people have died following clashes with police during protests in Apurímac, in the Cotabambas province in southern Peru. Another fifty protesters and police officers were injured, and about twenty-one protesters were arrested.

Protesters at the Las Bambas copper mining project in Peru. (Photo courtesy of the BBC).

The demonstrations were against the Chinese-backed mining project at Las Bambas, owned by China’s MMG Ltd. The copper mine will be Peru’s largest, and is scheduled to begin production in May or June of 2016.

The communities in the area initially supported the Las Bambas project, but attitudes changed after an adjustment to the environmental impact assessment was made without consulting area residents. There are concerns that the mine could contaminate water sources and that the project isn’t creating enough jobs for residents.

The demonstrations, which began last Friday, escalated on Monday once protesters began gathering on mine owned land near Challhuahuacho. The official and alleged eyewitness accounts of what happened differ.

Peruvian authorities reported that police used non-lethal weapons until they were attacked by protesters breaking into Las Bambas property. Others have claimed that police began shooting live bullets as soon as the protesters tried to enter the property.

The state of emergency allows for a suspension of constitutional rights, including freedom of assembly and movement. Police will be allowed to search homes without a warrant.

Protesters have agreed to a 24 hour truce in the hopes of holding talks with the government.

Protests in Peru over mining projects have increased in recent years, with frequent escalation. Demonstrations against the Tia Maria copper mine back in May turned deadly and prompted a sixty day state of emergency.

The Observatory of Mining Conflicts in Peru reports more than 200 active social conflicts.

Peru is ranked third in the world for copper exports, representing about one tenth of the country’s economic output and 58% of its exports.

For more information, please see:

Argentina Independent – Peru: State of Emergency After Four Killed in Anti-Mining Protests – 30 September 2015

BBC – Peru declares state of emergency in mining region – 30 September 2015

Buenos Aires Herald – Four killed in anti-mining protests in Peru – 30 September 2015

LA Times – Peru protesters lift blockade at China-funded mine in hopes of talks – 30 September 2015

Latin America News Dispatch – Peru Declares State of Emergency Over Anti-Mining Protest Deaths – 30 September 2015

 

 

 

 

Colombia and FARC Reach Agreement

By Kaitlyn Degnan
Impunity Watch Reporter, South America

HAVANA, Cuba — An agreement between the Colombian government and FARC rebels was reached on Wednesday at the negotiations in Havana, Cuba. The parties pledged to sign a final peace agreement by March 23, 2016. Following the final agreement, FARC will have 60 days to disarm.

Colombian President Juan Manuel Santos (left) and FARC representative Rodrigo Londono Echiverri (right) shake hands following the agreement, facilitated by Raul Castro, President of Cuba (center) (Photo courtesy of the New York Times).

The agreement included the creation of special courts to try former guerilla rebels and military involved in the conflict. Rebels who confess to their crimes will be given five to eight years of confinement to certain rural regions. Those that refuse to confess may face up to 20 years of imprisonment of imprisonment.

Whether these sentences will be offered to those convicted of crimes against humanity is uncertain. Reuters reported that those convicted of crimes against humanity or war crimes will not be allowed that opportunity, but other outlets have reported that the agreement would allow such criminals to benefit from reduced sentencing. Colombian Reports has specifically reported that there would be no impunity.

Human Rights Watch, in a September 28th article, expressed concern that those responsible for mass atrocities would be able to avoid jail time under the agreement. HRW reports that even those charged under war crimes and crime against humanity would be allowed the “special conditions” if cooperative.

FARC documents seen by the Observer report the same judicial structure. The documents also reported that the negotiators consulted with representatives from the Irish and British participants in the Good Friday Agreement, and that they used the frameworks of the Yugoslavia Tribunal and Truth and Reconciliation Commission in South Africa as models for the transitional justice agreements.

Additionally, the documents reported that those convicted of drug trafficking would not be offered special sentencing.

Whether or not those sentenced under these conditions will be allowed to participate in politics following their released is uncertain. Under Colombian law, anyone sentenced to prison time is precluded from running for office or voting.

International Criminal Court Prosecutor Fatou Bensouda has expressed optimism for the agreement. Her office will be consulting with the Colombian government and other stakeholders throughout this process.

The actual text of the agreement has not yet been released, the only confirmed information is that which has been reported by President Santos.

 

For more information, please see:

Colombia Reports – International Criminal Court welcomes Colombia deal – 25 September 2015

New York Times – Colombia’s President Says Peace Talks Overcome Late Surprise – 25 September 2015

New York Times – Opinion: The Prospect of Peace in Colombia – 25 September 2015

Wall Street Journal – Colombia’s Dubious Deal with Terrorists – 27 September 2015

Bloomberg View – Colombia’s Chance at Peace – 28 September 2015

Yahoo – Colombia rebel leaders’ political participation uncertain after deal – 28 September 2015

 

 

 

Venezuela & Colombia Reconcile, Work Towards Reopening Border

By Kaitlyn Degnan
Impunity Watch Reporter, South America

QUITO, Ecuador — After a month of tension, Venezuela and Colombia have reestablished diplomatic ties and have begun working towards reopening border crossings.

Venezuelan President Nicolas Maduro and Colombian President Juan Manuel Santos engaged in five hours of discussion hosted by President Rafael Correra of Ecuador at the Presidential Palace in Quito. Correra along with President Tabare Vazquez of Uruguay mediated the meeting. Regional organizations UNASUR and CELAC also participated in the discussions.

From left to right: Venezuelan President Nicolas Maduro, Uruguayan President Tabare Vazquez, Ecuadorian President Rafael Correra, and Colombian President Juan Manuel Santos following peace talks in Quito. (Photo courtesy of Reuters)

Following the talks, Correra read a joint statement issued by Santos and Maduro, which detailed a seven point statement of peace agreements, which included the reinstatement of their ambassadors, strengthening bilateral dialogue, an investigation of the border situation and to find a solution to the problems plaguing the border.

A follow-up meeting will be held on September 23rd.

The Venezuelan/Colombian border has been in a state of crisis since President Maduro implemented a state of emergency and closed border crossings in several regions about a month ago. Maduro blames smugglers operating across the border for an increase in crime and the worsening economy in Venezuela.

Tensions spiked last week when the Colombian government accused a Venezuelan fighter jet of flying into its airspace.

Problems regarding the border have existed for years, dating back to a series of diplomatic spats between the late Venezuelan socialist leader Hugo Chavez and former Colombian President Alvaro Uribe. The area, which is sparsely populated, is a hotbed of activity for smugglers and paramilitary groups.

As many as 20,000 Colombians living in Venezuela have been displaced as a result of what the United Nations calls a “critical humanitarian situation.”

 

For more information, please see:

Colombia Reports – Colombia and Venezuela restore diplomatic ties, but border remains closed – 21 September 2015

Reuters – Venezuela and Colombia agree to restore ambassadors after spat – 21 September 2015

TeleSur – Venezuela, Colombia Agree to Address Border Closure Dispute – 21 September 2015

BBC – Venezuela and Colombia to normalise ties after border row – 22 September 2015

Financial Times – Colombia and Venezuela ease tensions – 22 September 2015

Fox News Latino – After month-long border dispute, Colombia and Venezuela agree to redeploy ambassadors – 22 September 2015

Times – Colombia and Venezuela Agree to Normalize Relations After Border Dispute – 22 September 2015