By Erica Laster

Impunity Watch Reporter, North America

TEGUCIGALPA, Honduras – 72 migrants out of a group of 77 were killed in Mexico on their way to the United States border by the Zetas cartel after refusing to work for the widely known drug gang.  Authorities discovered the bodies bound, blindfoldedand slumped against a wall at a ranch in the state of Tamaulipas.  While the group was made up of mostly of Hondurans, Ecuadorians, Guatemalans and one Brazilian, the whereabouts of the three Mexicans, consisting of two drivers and an assistant, are unknown. The remaining two, an Ecuadorian and one Honduran, escaped the massacre after the shooting stopped.

The Ecuadorian, Luis Freddy Lala suffered from a gunshot wound to the neck but was able to stumble to a marine checkpoint, alerting authorities.  The Honduran who freed him was forced to separate after hearing more gunshots behind them. Lala, 18, is now under the Ecuadorian Witness Protection Program while the Honduran survivor, whose name is being withheld, is under the protection of Mexican security forces until further notice.

Honduran Foreign Minister Mario Canahuati issued a statement declaring that “We call on Mexican authorities to take measures as soon as possible to avoid events like the one that occurred in Tamaulipas.”

Despite the Foreign Minister’s call to action, according to government figures, Guatemala, El Salvador and Honduras are the most violent countries in the northern hemisphere.  Street gangs and the increase in drug trafficking has only exacerbated the violence.  Just 5 days ago in the northern Honduran city of San Pedro Sula, at least four men using assault rifles burst into a shoe factory, killing 18 and wounding 5 of the 23 employees on duty.  Authorities, including Police Commissioner Hector Ivan Mejia believe the massacre was carried out as a part of a turf battle on a rival gang.  None of the 18 employees killed had criminal records.

Mexican authorities have seen an uptick in violence and the use of vulnerable migrants by cartels in order to further drug trafficking.

For More Information Please See:

Associated Press Official: Honduran helped massacre survivor flee – 4 September 2010

Washington Post 18 massacred in Honduras had no criminal records – 8 September 2010

CNN There Was Second Survivor From Mexico Massacre, Officials Say – 1 September 2010

By Erica Laster                                                                                                                     Impunity Watch Reporter, North America

CALIFORNIA, United States – Immigration, drug and border corruption is virtually ignored on the U.S. side of the Mexican-U.S. border.  On Wednesday, government officials rescued some 37 immigrants locked inside one boarded up bedroom in a southern California home.  Authorities began searching for the home after receiving a phone call from a relative reporting that smugglers had threatened to kill his family without payment.

These “drop houses” are used by smugglers while waiting for payment for bringing immigrants into the country.  The immigrants had been locked inside the room for weeks and had not been fed for several days.  Most of those found were men, while three children under the age of three were also discovered in the room.  The immigrants were immediately placed in the custody of the Immigration and Customs Enforcement officials.  Among the group were immigrants from Guatemala, El Salvador, Honduras, Mexico, Ecuador and the Dominican Republic.

Their discovery should not come as a surprise as the U.S. and Mexico have been working to deal with smugglers, human trafficking and drug cases at a heightened pace.  In late August, a renowned asset named Garnica, known as “La Estrella,” (The Star), was sentenced to 20 years in prison by District Court Judge David Briones.  For years, Martha Garnica passed money through car windows, devised secret codes and provided drug and undocumented workers with maps to safely haul their cargo across the border.  A veteran law enforcement officer and former employee for U.S. Customs Service, Garnica was paid large sums of money, vacationing in Europe and reside in a spacious house with a built in swimming pool.

The $25 billion industry represents a growing problem for many Americans on the U.S. side of the border and U.S. officials attempting to root out corrupted government employees.  “It’s no different from spy agencies.  They look for weaknesses.  Sex is a biggie.  Alcohol, drug abuse, financial woes,” says James Smith, head of the inspector general’s investigative unit in El Paso.

For More Information Please Visit

Washington Post – Officials Rescue 37 Immigrants from California House – 8 September 2010

Washington Post – Woman’s Links to Mexican Drug Cartel a Saga of Corruption on U.S. Side of Border – 12 September 2010

By R. Renee Yaworsky
Impunity Watch Reporter, North America

SAN FRANCISCO, United States—In what has been called a “sad day” for “torture victims” and “all Americans”, the Ninth Circuit ruled that possible exposure of state secrets outweighs victims’ right to seek damages.

The Ninth Circuit of Appeals in San Francisco ruled 6-5 on Wednesday to block a lawsuit by individuals who claim they were tortured in CIA interrogations.  The alleged torture took place under the post-9/11 “extraordinary rendition” program which transported terrorist suspects to secret prisons.  The lawsuit was brought against Jeppesen, a Boeing subsidiary, for allegedly flying the suspects to locations where they were tortured.

The lawsuit was filed in 2007 by five such suspects who believed the program was illegally operated by the CIA and Jeppesen, leading to “forced disappearances.”

One of the plaintiffs, Binyam Mohamed, was captured in Pakistan and flown to a Morocco CIA “black site” where he says he was tortured.  He claims his penis was cut multiple times with a scalpel in efforts to make him confess involvement with al-Qaeda.

The court’s decision supports the president’s power to invoke the “state secrets privilege” and dismantle lawsuits that concern national security.  The majority agreed with the Obama administration that if the lawsuit proceeded, state secrets could be exposed.

In his decision for the majority, Judge Raymond Fisher explained the case as “a painful conflict between human rights and national security.”

Judge Michael Daly Hawkins, writing for five dissenting judges, expressed concern that the lawsuit was dismissed too hastily.  “[The alleged victims] are not even allowed to attempt to prove their case by the use of nonsecret evidence in their own hands or in the hands of third parties,” he wrote.

The plaintiffs’ lawyer, Ben Wizner of the ACLU, has promised to take the case to the U.S. Supreme Court.  “If this decision stands,” he said, “the United States will have closed its courts to torture victims while extending complete immunity to its torturers.”

Wizner categorized the decision as “a sad day not only for the torture victims whose attempt to seek justice has been extinguished, but for all Americans who care about the rule of law and our nation’s reputation in the world.”

Reprieve, a human rights group, stated that the court had “derailed another precious chance at a legal reckoning with the excesses of the war on terror.  Yet again, those responsible for torture and rendition have used ‘state secrecy’ to avoid facing up to their crimes in court.”

Opponents of extraordinary rendition worry that the practice outsources torture to countries where it is deemed acceptable.

For more information, please see:

Independent-Victims of extraordinary rendition cannot sue, US court rules-10 September 2010

San Francisco Chronicle-Court dismisses suit alleging ‘torture flights’-9 September 2010

Guardian-US courts must lift lid on torture-9 September 2010

AP-Appeals court lets government halt torture lawsuit-9 September 2010

Wall Street Journal-Ninth Circuit Rules 6-5 to Toss Rendition Case Against Boeing-8 September 2010

By Erica Laster
Impunity Watch Reporter, North America

CALIFORNIA, United States – On August 15, 2010, the Native American Kawaiisu Tribe of Tejon in Southern California filed an amended complaint objecting to a statement in the Environmental Impact Report (EIR) of Kern County which indicates that “the property owner (who is also the owner of the remains), and of any associated archaeological materials.”

The EIR was made by the Defendants, Tejon Ranch Corporation and County of Kern, pursuant to a project proposing to build Tejon Mountain Village (TMV), a 26 thousand acre resort.  The proposal includes 750 lodging units, 3400 homes, a 160,000 square foot shopping center and golf courses.   The resort falls within Indian Country and the over 50 pre-historic village sites of the Kawaiisu people, an ancient Great Basin Shoshone Paiute Tribe.  Before European encroachment, the Kawaiisu’s territory extended from Utah to the Pacific Ocean.

The Kawaiisu tribe calls attention to the Administrative Procedure Act, the federal acknowledgement process and the Native American Repatriation of remains.  David Laughing Horse Robinson, Chairman of the Kawaiisu Tribe of Tejon claims the statement proclaims TMV ownership of Kawaiisu ancestor remains and sacred objects.

He argues that despite the land being set aside in Federal Reservations for Native Americans, “the unborn and our ancestors are made into slaves and property by that statement.”  Robinson argues that California Native Americans are receiving unequal treatment from those of European descent.   The threat by various corporations to bulldoze the Kawaiisu Tribe’s land represents a serious infringement on humanitarian rights.   Robinson further contends that the Kawaiisu tribe was illegally dropped from the list of recognized tribes on the federal register with an allocation of land under federal treaty in 1853.  He will defend his right to represent Kawaiisu tribe in the proceeding before a Judge in Federal Court until an attorney can be located.

The Defendants, the U.S. Department of Interior, Kern County and Tejon Mountain Village Corporation, were first sued November 10, 2009 in Federal Court in Fresno with the Kawaiisu arguing that the Defendant’s ignored Native American rights to historical sites and burial remains.  Both Kern County and Tejon Mountain Village have filed motions to dismiss the complaint.

For More Information Please See:

The Mountain Enterprise-Second Lawsuit Seeks Injunction…for Kiwaiisu Tribe of Tejon – 13 November 2009

Indigenous People’s Issues and Resources-Kawaiisu Tribe of Tejon in Emergency Battle – 23 February 2010

Indigenous People’s Issues and Resources-Kawaiisu Tribe of Tejon Lawsuit Amended Complaint Filed – 28 August 2010

By R. Renee Yaworsky
Impunity Watch Reporter, North America

ARIZONA, United States—The self-proclaimed “toughest sheriff in America” is now being investigated by the U.S. Justice Department for possible civil rights abuses.  Allegations against him include systematically discriminating against Latinos and being uncooperative in the investigation.

Sheriff Joe Arpaio of Maricopa County has become a household name, gaining popularity and controversy for his relentless pursuit of illegal immigrants.  He is also noted for aggressive law enforcement policies and his colorful, defiant attitude.

Some of Arpaio’s practices include using minor traffic violations as an excuse to check individuals’ legal status, and making prisoners in the county jail wear striped uniforms with pink socks and underwear.

Arpaio is often the subject of numerous protests; earlier this summer, opponents of Arizona’s anti-illegal immigration bill chanted, “Sheriff Joe, we are here.  We will not live in fear.”  Undaunted by criticism, he has been elected to office five times and has already raised $2 million for his next run for re-election in 2012.

The Justice Department is alleging that Arpaio violated civil rights laws by “unlawful searches and seizures, discriminatory police conduct, and a failure to provide basic services to individuals with limited English.”

Arpaio was taken to court this week after the Justice Department filed a lawsuit accusing him of obstructing their investigation.  Arpaio’s office ignored repeated requests by the Department for documents and tours of certain facilities.

Thomas Perez from the Department’s civil rights division called Arpaio’s actions “unprecedented” and lamented the fact that the government “was forced to resort to litigation to gain access to public documents and facilities.”

Arpaio responded to the allegations at a press conference on Thursday, saying, “This is the people of Arizona they are going against, using me as a puppet.  They’re not going to put handcuffs on this sheriff.  I’m not going to surrender!”  He told ABC News that the federal government should be thanking him for “all of the hard work that we are doing assisting them.”  He considers the allegations a “ruse” and denies racially profiling Latinos.

Arpaio’s office is faced with losing federal grants if it is found to have acted with discrimination.  Legal troubles continue to grow as a federal grand jury in Phoenix is also investigating alleged intimidation of county workers by evening visits to their homes.

The sheriff has said that he will not be “intimidated” and has vowed to fight.  “I’m going to continue, maybe tomorrow, to enforce all the illegal immigration laws.”

For more information, please see:

ABC News-Controversial Arizona Sheriff Joe Arpaio Under Investigation for Allegedly Violating Civil Rights-3 September 2010

NY Times-Justice Dept. Sues Sheriff Over Bias Investigation-2 September 2010

LA Times-U.S. sues Arizona sheriff in civil rights probe-2 September 2010