By: Anthony B. Emmi

Impunity Watch Staff Writer 

WASHINGTON, D.C. – The Inter-American Commission on Human Rights (Commission) has referred the case of Pedro Julio Movilla Galarcio to the Inter-American Court of Human Rights. The Colombian government allegedly disappeared Movilla Galarcio on May 13^th, 1993.

Movilla Galarcio is one of 120,000 reported missing persons to have allegedly disappeared during the bloody 52-year conflict that gripped the nation between 1954 and 2016. Many citizens of Colombia remain in danger as fragmented combatant groups continue to clash throughout the country.

Examination of the specific circumstances surrounding Mr. Movilla’s disappearance revealed compelling evidence suggesting that he was disappeared by the State. As a union leader and leftist, Mr. Movilla fit into a group of people which was highly targeted throughout the conflict. Around the time of the disappearance, people like Mr. Movilla suffered high rates of execution and forced disappearance. The Commission notes further that a person of Mr. Movilla’s profile is labeled an “internal enemy” of the state in government counter-insurgency manuals.

In addition to these broad factors, Mr. Movilla and his family were surveilled, and strangers often warned him to be careful of his safety. In terms of surveillance, the State security forces created intelligence files regarding Mr. Movilla’s political and union activity, along with an alleged link to a guerilla organization. The State provided no explanation for the intelligence it gathered on Mr. Movilla.

After Mr. Movilla disappeared, evidence points toward the possibility of a cover-up effort. The State denied the habeas corpus meant to locate Mr. Movilla simply because his specific place of detention was not listed, an obvious impossibility. Investigation efforts into the disappearance were characterized by inefficient proceedings, which have left the investigation in its infancy more than 25 years later. The State did not make efforts to locate Mr. Movilla until 15 years after his disappearance. The combination of the specific circumstances and the broader historical context led the Commission to the conclusion that the State forcibly disappeared Mr. Movilla.

Directly regarding Mr. Movilla, the Commission found the State violated Articles 3 (Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial), and 16 (Freedom of Association) of the American Convention on Human Rights (Convention). Regarding Mr. Movilla’s family, the State is in violation of Article 5, due to the extreme mental anguish suffered as a result of the disappearance.

The Commission has also made five recommendations for action to be taken by the State. First, the State should create a method to compensate Mr. Movilla’s family in both a material and immaterial manner. Second, the State should provide mental health services for Mr. Movilla’s family. Third, it should attempt to find Mr. Movilla or uncover his story and deliver his remains if the search yields them. Fourth, see the criminal investigation of Mr. Movilla’s disappearance to its conclusion, exercising proper diligence. Finally, take measures to prevent this conduct in the future, such as eliminating the use of the general profile describing Mr. Movilla in counterinsurgency manuals.

For more information, please see:

Human Rights Watch – World Report 2020: Colombia Events of 2019 – 2020

International Commission on Missing Persons – ICMP Colombia Infographic- 1 Sept. 2020

Organization of American States – IACHR refers case on Colombia to the Inter-American Court – 2 Oct. 2020

By: Elyse Maugeri

Impunity Watch Staff Writer

VERACRUZ, Mexico – A journalist in Mexico was found decapitated in the gulf coast state of Veracruz earlier this month. Julio Valdivia is, at least, the fifth journalist this year to be murdered in the country and the second in Veracruz. His name has been added to the long list of journalists who have been killed reporting on crime in Mexico.

It has been estimated that over the past 20 years, around 140 journalists have been murdered on the job there. However, this year alone, despite the COVID-19 pandemic, the violence orchestrated against journalists has made Mexico the deadliest country in the world for reporting.

The remains of Valdivia’s tortured body were found on railroad tracks near his motorcycle in the municipality of Tezonapa; only about five miles from where he lived. The details regarding the whereabouts of his body were reported by his employer El Mundo de Córdoba.

The area where Valdivia was reporting is a known Jalisco New Generation cartel territory. The border between Veracruz and Oaxaca is regarded as violent and often journalists have to rely on self-censorship to remain alive. The State Commission for the Attention and Protection of Journalists (CEAPP) released in a statement that Valdivia had not received any special protection measures since he never reported any aggression or threats to his life.

A friend of the family, Angela Carrasco, mentioned in an interview with the Associated Press that Valdivia, a father of six, was working on a rate of about 1,000 pesos, or $47, a week. She stated he did this work for his family, and it was his life.

In a recent press release, the Inter-American Court of Human Rights (IACHR) condemned the murder stating that this was the most extreme form of censorship. Journalists have faced disappearances, torture, and murder with little intervention from the Mexican government throughout the years. The IACHR’s Office of the Special Rapporteur pointed to their 2018 Special Report on the Situation of Freedom of Expression in Mexico, reiterating how dangerous it still is to report on the news in the country. They called for the prosecutor’s office in Veracruz to remain unbiased and thorough in their investigation and to recognize the significant role Valdivia’s job played in his murder.

The prosecutor’s office in Veracruz released in a statement that they will, in fact, use Valdivia’s job as a key point in their investigation; something rarely done by prosecutors in Mexico. Authorities have sacrificed true justice, when investigating the murders of journalists, due to their relationships with the local cartels.

Mexican President Andrés Manuel López Obrador, a staunch anti-cartel advocate, has praised the journalists operating in the area, calling their work “heroic.” He has been vocal about investigating these instances and punishing those involved in the murders. For now, the investigation remains open.

For further information, please see:

Associated Press – Mourners gather to bid farewell to murdered Mexican reporter – 10 Sept. 2020

Associated Press – A Mexican newspaper says a reporter slain, decapitated – 9 Sept. 2020

CNN – Another journalist found dead in Mexico, one of the most dangerous countries for reporters – 11 Sept. 2020

IACHR – Office of the Special Rapporteur condemns the murder of journalist Julio Valdivia in Mexico and reiterates concern on the persistence of attacks against the life and integrity of communicators – 21 Sept. 2020

By: Shane Kelly

Impunity Watch Staff Writer

ECUADOR – On September 30, 2020, the Inter-American Commission on Human Rights (IACHR) referred the case of the Tagaeri and Taromenane Indigenous Peoples in Voluntary Isolation in Ecuador to the Inter-American Court of Human Rights following continuous violations of the tribes’ rights.

The Tagaeri and Taromenane are indigenous peoples of Ecuador who live in voluntary isolation. While the term “voluntary isolation” has taken on a different meaning in the post-COVID world, in this context it refers to the decision of the Tagaeri and Taromenane to live without contact with the modern world, and continue their traditional lifestyle within the limits of the Tagaeri and Taromenane Intangibility Zone (“TTIZ”). The TTIZ was created in 1999 with a presidential decree that permanently protected a section of Yasuní National Park from oil drilling and logging operations. The isolation provided by the TTIZ allows for the two groups to maintain a nomadic, hunter-gatherer existence and preserve the land of their ancestors.

The IACHR analyzed Ecuador’s obligations to the Tagaeri and Taromenane in its Merits Report. The Report detailed several areas where Ecuador had failed to protect the inviolability of the TTIZ. Specifically, Ecuador has failed in its obligation to prevent interference with the TTIZ by third parties. The IACHR found that title granted to the TTIZ is not a full title, which has led to numerous illegal trespasses of loggers. As a result of these trespasses, members of the Tagaeri and Taromenane people suffered violent deaths in three instances in 2003, 2006, and 2013. The IACHR attributes these altercations between loggers and the tribesmen to Ecuador’s shortcomings in preventing third parties from illegally interfering with the TTIZ.

The IACHR further found that Ecuador was responsible for the violation of personal rights and freedoms of two tribal girls were forcibly taken from their communities following the deaths of their parents. Finally, the IACHR observed that Ecuador did not offer any judicial recourse and that their remedies were ineffective, lacking due diligence in criminal investigations.

Therefore, the IACHR concluded that:

the State of Ecuador is responsible for the violation of the rights set forth in Articles 4(1) (right to life), 5(1) (right to personal integrity), 7(1) (right to liberty), 8(1) (right to judicial guarantees), 11 2 (right to honour and dignity), 19 (rights of the child), 21.1 (right to property), 22.1 (right to freedom of movement and residence), 25.1 (right to judicial protection) and 26 (right to health and cultural rights) of the American Convention on Human Rights, in relation to the obligations set out in its Articles 1.1 and 2.

The Report recommends that Ecuador correctly title the TTIZ with appropriate boundaries, provide necessary rehabilitation for the relocated tribal girls, investigate the deaths of tribesmen at the hands of loggers, and provided mechanisms for non-repetition and other adequate remedies.

For further information, please see:

OAS – IACHR Refers Case on Ecuador to the Inter-American Court – 5 Oct. 2020

WRM – Ecuador: The Tagaeri Taromenane Intangible Zone in Yasuní Park – 2 Oct. 2013

By: Elyse Maugeri

Impunity Watch Staff Writer

GUATEMALA CITY, Guatemala – In Guatemala, abortion is only legal if the woman’s life is in danger. However, if the country determines a woman’s abortion was due to her own negligence, she could face up to four years in prison.

In August 2018, the Guatemalan Congress adopted a preliminary version of the “Life and Family Protection” bill which would raise the maximum prison sentence for abortion from three to ten years. It would also move to criminalize miscarriages, impose prison sentences for women who have miscarriages, and criminalize the promotion or facilitation of abortion access. As of right now, this bill is still pending in Guatemala’s Congress.

Regarding abortion, Guatemala’s Human Rights Ombudsman, Jordán Rodas, is facing new troubles with his country’s government. On August 20, 2020, the Supreme Court of Justice in Guatemala ruled in favor of a complaint claiming that Rodas has failed to comply with the Court’s ruling in 2017, which called for him to cease his outward support for abortion.

In the 2017 ruling, the Court ordered Rodas to “suspend the presentation and distribution of the manual of ‘Human Rights, Sexual and Reproductive Rights, and Pregnancy care in Girls and Adolescents.’” His overt openness in advocating for abortion, access to abortion, and the promotion for its legalization has called his compliance with the court order into question. The Court has ordered the Prosecutor’s Office to investigate the claims of non-compliance. If Rodas is found guilty, he could face up to three years in prison.

This is not the first time that Rodas’ job has been threatened. Guatemala’s conservative government has largely opposed his stances on abortion and LGBTQI+ rights and has sought to remove him from office since he assumed his role in 2017. In 2019, the Inter-American Court of Human Rights (IACHR) expressed concern regarding criminal proceedings submitted by the Human Rights Commission of the Congress of the Republic of Guatemala against Rodas. The IACHR acknowledged the repeated attempts by the government to remove Rodas from his position; the government claiming “abuse of authority, misuse of public office, and breach of public duties.”

The current investigation and attempt to remove Rodas stems from the Associación la Familia Importa (Family Matters Association). The association, a Guatemalan pro-life group, requested the Supreme Court revisit the 2017 ruling and address whether Rodas’ recent actions violated their ruling. The issue the group pinpointed was Rodas’ calling for the Guatemalan government to adopt recommendations presented by the United Nations Committee on the Rights of the Child regarding abortion access. Rodas asserts, however, that he called for the adoption of recommendations regarding gender-based violence and discrimination issues, not just abortion access.

While Rodas states that his office has suspended issuance of the disputed manual, the Guatemalan Supreme Court held that he has not done enough, and his office must “make an emphatic and categorical statement that it did not support abortion… in defense of the right of the unborn child.”

For further information, please see:

Human Rights Watch – Guatemala: Reject ‘Life and Family Protection’ Law – 31 Aug. 2020

Human Rights Watch – Guatemala: Rights Official at Risk of Criminal Prosecution – 9 Sept. 2020

Amnesty International – Guatemala: Discriminatory law puts at risk the lives and rights of thousands of women, girls and LGBTI people – 4 Sept. 2018

IACHR – IACHR Expresses Its Concern over a New Attempt to Dismiss the Guatemalan Human Rights Ombudsperson – 19 Nov. 2019