By Patrick Vanderpool
Impunity Watch Reporter, South America

CARACAS, Venezuela – According to a prominent human rights organization, President Hugo Chavez is using Venezuela’s judiciary to persecute his political opponents and to crack down on media critics and curtail the power of labor unions. In its annual report, Human Rights Watch condemned what it called “the Venezuelan government’s domination of the judiciary and its weakening of democratic checks and balances” last year.

The human rights group also posed warnings that Chavez’s control over judges and prosecutors has led to “a precarious human rights situation.” According to the New York based organization, “judges may face reprisals if they rule against government interests,” citing Judge Maria Afiuni’s arrest shortly after she ordered the release of a high-profile banker who opposed Chavez’s government.

Chavez  was critical of Afiuni’s decision to free Eligio Cedeno, who was accused of corruption and fled to Florida soon after his release in late 2009. Chavez demanded that Afiuni, who is facing charges of abuse of authority and “favoring evasion of justice,” receive the maximum sentence of 30 years in prison.

Chavez adamantly denies having undue influence over the courts, insisting that the legal system remains autonomous and free from political influence. Other members of the president’s ruling party echoed Chavez’ sentiments about the Venezuelan judiciary, taking issue with the allegations in Human Rights Watch’s report.

According to Silvio Mora, a pro-Chavez lawmaker, “[e]very single one of the branches of government are independent: the judicial branch, the legislative branch and the executive branch.” In the same interview, Mora also claimed that “[e]veryone enjoys total freedom here.”

The accusations about Venezuela’s judiciary come a year after Chavez tightened control over that branch of the government. Many have criticized the move, comparing Chavez to Perez Jimenez, former military dictator of Venezuela, saying that both attempted to silence the news media, used the judiciary to jail adversaries and violated basic freedoms such as protest rights.

For more information, please see:

Associated Press – Rights Group: Chavez Using Judiciary Against Foes – 25 January 2011

Associated Press – Chavez Supporters, Foes Stage Anniversary Rallies – 23 January 2011

NPR – Venezuela’s Chavez Tightens Grip on Judiciary – 27 April 2010

By R. Renee Yaworsky
Impunity Watch Reporter, South America

SANTIAGO, Chile—The first official investigation into former President Salvador Allende’s death has begun. A Chilean judge opened the investigation decades after Allende died in 1973 in the midst of a military coup led by the infamous General Augusto Pinochet. Pinochet’s subsequent dictatorship lasted 17 long years.

The judge’s order is just one of numerous investigations into 726 human rights violations that have yet to be prosecuted. Beatriz Pedrals, judicial prosecutor of the appeals court, explained that these inquiries into human rights crimes will seek “uniformity of criteria; in other words, what has not been investigated, the courts will investigate. This will finally establish what happened.” Judge Mario Carroza, in charge of Allende’s death inquiry, calls his obligation, “more than an important duty.”

Allende, a Socialist president, was democratically elected and then found dead at age 65 by armed forces who had captured the presidential palace. The military troops had attacked the palace for hours using firearms and bombs dropped by air force jets. In a radio broadcast he made as his palace was under attack, Allende predicted: “I will not resign. Placed in this historic juncture, I will pay with my life the loyalty of the people.”

At first, the results of an autopsy pointed to suicide. Allende apparently died from a bullet that was fired into his mouth from a short distance away. The autopsy report surmised that the gunshot wound “could have been made by himself.” But since 1973, many of the deceased president’s supporters have disagreed with the autopsy’s findings, suggesting instead that Allende was murdered by soldiers or snipers. Three years ago, an expert who examined the autopsy report concluded that Allende may have sustained injuries from two separate weapons.

According to Alicia Lira, president of the Association of Relatives of Politically Executed Persons, “Allende was murdered.” During Pinochet’s notorious military dictatorship, 3,000 people vanished or were murdered, and 50,000 were tortured or held captive. Pinochet, 91, died of a heart attack in 2006 while under investigation for a myriad of human rights abuses.

For more information, please see:

Radio Cadena Agramonte-Investigation of Allende Death in Chilean Political Spotlight-29 January 2011

NY Times-Chilean Judge Orders Investigation Into Allende’s Death-27 January 2011

BBC-Inquiry into 1973 death of Chile’s Salvador Allende-27 January 2011

By Patrick Vanderpool
Impunity Watch Reporter, South America

BOGOTA, Colombia – According to Colombian media reports, authorities will investigate the case of an indigenous man found dead wearing a guerrilla uniform. Local community leaders claim that the situation is a “false positive” killing by the army.

Anderson Daugua, an indigenous villager, was found shot to death and “strangely” dressed in FARC clothing. Locals in the area say that Daugua was not part of the rebel group.

The body was reportedly found after a battle over the weekend between the Colombian army and the FARC in a rural area of Caloto. The battle left seven guerrillas and two military officers dead.

Rodrigo Rivera, Colombia’s Defense Minister, claims that Daugua was killed by members of FARC, who then staged the man in FARC clothing to make his death look like the army had executed the man and dressed him up as a guerrilla to increase the body count in combat.

Rivera told members of the press that the FARC staged the apparent false positive to discredit the Colombian military forces. “If we weren’t even able to collect our own dead and wounded, who would have had the time to dress someone up. I trust in the professionalism, decency and heroism of our armed forces. Of course our people know how these narco-terrorists of the FARC use lies to intent to disinform,” the Minister said.

The term “false positive” refers to a scandal in which some members of the armed forces were revealed to have murdered civilians and dressed them in guerrilla uniforms to increase kill counts.  There are currently hundreds of investigations ongoing to resolve these murders. Earlier this month, Colombian officials brought accusations against four members of the military, claiming that they had engaged in these “false positive” murders in 2002.

For more information, please see:

Colombia Reports – FARC Faked “False Positive” Killing: Gov’t – 25 January 2011

Colombia Reports – Authorities Investigate New “False Positive” Allegations – 24 January 2011

Latin America News Dispatch – Colombian Major and Four Soldiers Accused in “False Positive” Murders – 4 January 2011

By R. Renee Yaworsky
Impunity Watch Reporter, South America

BOGOTA, Colombia—Eight people were killed in a clash between Colombian military forces and members of the Revolutionary Armed Forces of Colombia (the FARC). The deadly conflict took place in Cauca, which is a province located in the southwestern part of the country. Cauca has been plagued with violence and human rights violations by frequent invasions by the FARC’s guerrillas. The Colombian army released information about the most recent clash between the FARC and the military on Sunday.

The battle between the military and the 6th Front of the FARC was sparked on Friday of last week. The site of the clash was a rural area located near Toribio and Caloto, two cities that are notorious for the fact that rebel fighters often target them.

Defense Minister Rodrigo Rivera spoke out against the FARC on Saturday from Cali, the capital of Valle del Cauca province. Rivera accused the FARC rebels of abusing the indigenous people who reside in these areas. He added that the FARC use these civilians as “human shields” during clashes that occur between the rebel group and the armed forces. Rivera stated that acts such as these are major human rights violations.

Indigenous leaders from Cauca responded to the violence and Rivera’s statements on Sunday, stressing that Colombian soldiers have also used indigenous residents as “human shields.” The leaders told Caracol Radio that indigenous people living in Colombia are often caught in the cross-fire between the FARC and the government.

Indigenous leader Marcos Yule said on the radio that certain communities that have been caught in such fighting have declared “permanent assemblies” that will examine the conflict that is taking place. The assemblies will seek to encourage respect for indigenous individuals’ rights.

Of the eight victims who perished in the weekend’s violence, six were guerrilla fighters (FARC rebels) and two were Colombian soldiers. Approximately thirty guerrillas who were involved in the conflict scattered after the violence; according to the Colombian air force, the guerrillas were redeployed into other areas.

For more information, please see:

People’s Daily-6 guerrillas, 2 soldiers die in latest combat in Colombia-24 January 2011

Latin American Herald Tribune-Six Guerrillas, Two Soldiers Die in Fighting in Colombia-23 January 2011

Coffe Today-Six Guerrillas and Two Soldiers Were Killed in The Battle in Southwest Colombia-23 January 2011

By R. Renee Yaworsky
Impunity Watch Reporter, South America

QUITO, Ecuador—President of Ecuador, Rafael Correa, has proposed new constitutional reforms that many see as an effort by the unpopular leader to draw support.  Correa submitted ten questions to the Constitutional Court, including reforms targeting crime and the economy.

Correa is attempting to appear tough on crime in a country that has been swamped by criminals.  One of Correa’s sought reforms would alter a preventative detention law that allows detainees to be let go if they have not gone to trial within one year.  He also desires to revoke measures currently taken to protect suspects accused of serious crimes.  Another proposal would prohibit bullfighting and gambling.

“These people have come to kill and rob, and we must respond to that reality,” Correa announced to gain support for his proposals.  He added that he wanted to discourage “corruption and incompetence.”

Furthermore, Correa would like to decrease the number of justices on the Judiciary Council (there are currently nine.)

Carlos Vera, an ex-television anchorman, has spearheaded an effort to overturn the president’s mandate.  1.579 million signatures would be needed to have Vera’s request examined, and Vera said he has already acquired 79 percent.  Vera has objected to Correa’s proposals, citing similarities to Venezuelan President Hugo Chavez’s “authoritarian” ruling style.  Correa and Chavez are political allies.

Correa is in the midst of a four year term and may run for office again in 2013.  In September, 2010, a violent police uprising occurred that Correa (and many others) viewed as a thwarted coup.  Analysts theorize that Correa’s present proposed referendum is an effort to regain power and legitimacy.  Three of the president’s predecessors were thrown out of office before completing their terms.

Correa made a televised address to defend his reforms.  “Trust in the government,” he appealed to citizens, before saying he would resort to referendums “as many times as necessary” to obtain his reforms.

The Constitutional Court will need to verify the legality of Correa’s submitted questions before they can be sent to the Electoral Council for approval.

For more information, please see:

CNN-Ecuador president pushes for referendum-18 January 2011

AFP-Ecuador’s Correa seeks judicial, economic reforms-18 January 2011

Wall Street Journal-Ecuador President Sends to Constitutional Court Referendum Questions-17 January 2011