South America

Fatal Shootout Erupts at Military Base

By R. Renee Yaworsky
Impunity Watch Reporter, South America

CARACAS, Venezuela—Two officers were shot and killed on a Venezuelan military base after a soldier opened fire with an assault rifle.  Six other soldiers were injured in the following shootout .

The gunfire erupted early Saturday on the Fort Tiuna military base, located in the capital city of Caracas.  The base is the largest in the country and houses the headquarters of the Defense Ministry.  The gunman fled from the base after firing a Russian AK-103 assault rifle.

The alleged shooter has been identified as Jeffersson Jose Trujillo Vasquez.  The attorney general’s office reports that the soldier began shooting after arguing with one of his superiors during the changing of the guard.  That officer, Captain Miguel Angel Rosales, who was 33 years old, was shot in the head and died.

After killing Rosales, Vasquez allegedly entered an arms depot and shot Lt. Alfredo Ruiz.  Ruiz, who was 25, was fatally injured by the attack.

The gunfight that followed between Vasquez and others at the base resulted in six wounded soldiers: three women and three men of various ranks.

Although the suspect’s abandoned car has been found in a slum, police and troops have yet to capture him.

Military officials have yet to publicly react to the incident.

Fort Tiuna was recently the scene of a separate shooting.  Last week, a Hong Kong athlete at the women’s baseball World Cup was struck and wounded by an apparent stray bullet.  Her team pulled out of the Cup.  Though it is still unclear whether that bullet originated from the military base, the tournament was moved from Fort Tiuna to Maracay, west of Caracas.

Although Caracas has a reputation for being one of the most dangerous cities in Latin America, Fort Tiuna has been considered relatively safe.  This reputation has been reinforced by the fact that President Hugo Chavez often visits the officers’ mess at night.  The vice-president owns a residence on the military compound, and foreign delegations are frequently hosted there.

For more information, please see:

AP-2 shot dead at Venezuela military base; 6 wounded-21 August 2010

AFP-Soldier kills two officers, wounds six at Venezuelan base-21 August 2010

BBC-Venezuelan soldier kills two officers ‘after dispute’-21 August 2010

Mexico Supreme Court Upholds Gay Adoption Rights

By Ricardo Zamora
Impunity Watch Reporter, South America

MEXICO CITY, Mexico – Mexico’s Supreme Court upheld a law granting same-sex couples in Mexico City the right to adopt children earlier this week. The decision comes a week after the Court upheld the constitutionality of same-sex marriage, and after Argentina legalized gay marriage and adoption in July.

Juliana Cano Nieto, researcher in the LGBT rights program at Human Rights Watch, said that “the Supreme Court’s ruling confirms that the state cannot withhold any legal rights on the grounds of a person’s sexual orientation and gender identity.” This decision will “have resonance for courts throughout the continent for protecting the basic human rights of LGBT people,” she added.

The decision is a response to a challenge from the Attorney General’s office. The Attorney General contended that the law “breached the concept of family and the best interest of the child guaranteed in the constitution by allowing LGBT couples to adopt.”

The Court dismissed the Attorney General’s interpretation of the law, explaining that the law is not restricted to families formed by a male and female. In its opinion, the Court cited E.B. v. France, a European Court of Human Rights case which held that a single lesbian woman could not be denied the right to adopt a child due to her sexual orientation. The ECJ also noted that same-sex couples should have the same rights to adopt as traditional couples in order to fully guarantee equality and avoid discrimination. Finally, it made clear that the “best interest” of the child is to “have a loving family, regardless of the sexes of the family members.”

“Today, institutionalized homophobia has been buried,” said Jaime Lopez Vela, an LBGT group leader. He added that they were happy because “now we have the same rights and responsibilities of any other married couple.”

Justice Arturo Saldivar, voting with the 9-2 majority, reiterated that “the preferences of the parents do not determine a child’s sexual orientation… that is a discriminatory argument.” “It’s not a question of sexuality that determines whether a person is qualified or not to adopt,” Justice Margarita Luna added.

The Catholic Church strongly disagrees with the Supreme Court’s judgment and is seeking to impeach the justices voting with the 9-2 majority.

According to Human Rights Watch, Mexico is now the 11th country in the world to provide LGBT people equal access to marriage, along with the Netherlands, Belgium, Portugal, Spain, Canada, South Africa, Iceland, Norway, Sweden, and Argentina.

For more information, please see:

The Christian Science Monitor – Mexico Court Upholds Gay Adoption Law. Is Mexico More Tolerant Than US? – 17 August 2010

Huffington Post – Mexico Gay Adoption Law Upheld By Supreme Court – 16 August 2010

Human Rights Watch – Mexico: Landmark Adoption Ruling for Same-Sex Couples – 16 August 2010

Brazil Bans Political Satire Ahead of Presidential Election

By Patrick Vanderpool
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil – Brazilian comedians are prohibited from publicly making fun of candidates ahead of the upcoming presidential election.  The law, which could last until the runoff election at the end of October, has been dubbed the “anti-joke law.”  Specifically, the law forbids television and radio programs from “using trickery, montages or other features of audio or video in any way to degrade or ridicule a candidate, party or coalition.”

Brazilian internet services are not licensed by the government and therefore the ban does not cover internet material, but the material could still be judged by the Brazilian courts.

The law was a product of Brazil’s 1964-1985 dictatorship and specifically prohibits satire about political candidates in the three months preceding and election.  Violating the law is punishable by a fine of up to $112,000 and a broadcast license suspension.

Brazilian performers are not taking the ban lying down and plan to fight the prohibition.  There is public outcry that the law violates freedom of speech and several groups have planned protests in Rio de Janeiro, and other cities, on Sunday.  The groups claim that the ban on speech is a stain on the democratic country’s international reputation.

Marcelo Tas, a comedian-turned-reporter and the host of a weekly television comedy show that targets politicians, asked “[d]o you know of any other democracy in the world with rules like this?”  Tas also stated that people would have to look at classic comedian Monty Python’s material to find a bigger joke than the “anti-joke law.”

Proponents of the law claim that the law’s true purpose is to ensure that all candidates are portrayed in an even light so as not to skew voting.  According to backers, the ban on satire encourages candor because candidates will not fear widespread political jokes.

Tas, on the other hand, uses President Obama’s popularity leading up to the 2008 presidential election as a prime example of the benefit of satirical programming.  According to Tas, candidates, including Barack Obama, benefit from showing a more humane and personal side of themselves that generally shines through when one is confronted with a critical opinion.

On Deadline – Satirists (seriously) protest Brazil’s Political Anti-joking Law Ahead of Election – 17 August 2010

Press Association – Satire banned from Brazil election – 17 August 2010

Telegraph – Satire banned in Brazil ahead of presidential election – 17 August 2010

Bogota car bomb linked to FARC rebels

By R. Renee Yaworsky
Impunity Watch Reporter, South America

The site of the car bomb that damaged 30 buildings. (Photo courtesy of the Guardian.)
The site of the car bomb that damaged 30 buildings. (Photo courtesy of the Guardian.)

BOGOTA, Colombia—At least 13 people were injured when a car bomb was detonated near a popular radio station in north Bogota.  The blast is thought to have been the work of left-wing FARC rebels.

The bomb, which exploded early Thursday, damaged an entire block, including the studio of Caracol Radio.  The car bomb had been placed in the country’s financial center, just five blocks from the capital city’s stock exchange and near the American Embassy.

Windows of nearby buildings and cars were shattered in the explosion, which caused extensive material damage.  People sleeping in their bedrooms awoke to glass falling on their heads.

Police say the car had been packed with more than 50 kilograms of explosives.

The Prosecutor General’s Office has reported that a man who confessed to switching the license plates on the car used in the attack voluntarily turned himself in to police.  He denied knowing, however, that the car would be used for such a harmful purpose.

Police also arrested the man who provided the false license plate.  Both men are not suspected of being involved in any illegal organization.

FARC, or the Revolutionary Armed Forces of Colombia, has been blamed for the incident and a member of the group is now in custody.  According to RCN Radio, the local prosecutor’s office has already identified the suspects directly responsible for the detonation.

Newly-elected President Santos has announced that diplomacy and mediation will not be employed to end Colombia’s domestic armed conflict until “the government considers the circumstances warrant it.”

“We have not thrown the key to dialogue into the ocean, but the door is closed,” Santos continued.  “[Illegal groups’] deceitfulness in the past has made us incredulous.  Now the government is holding the key, and we won’t give it to anyone until the conditions we have outlined are met.”

Santos explained that the rebels must illustrate through “concrete deeds” that they seek peace.  After visiting the scene of the crime Thursday, Santos called the blast a terrorist act.

FARC has been a violent opponent of Colombia’s government since the 1960s.  Bombings were on the decline under Santos’ predecessor, Alvaro Uribe, who had been president until August 7, 2010.  Uribe had worked to eradicate left-wing guerrilla groups, including the FARC.

Santos has vowed to take a hard-line stance against illegal groups, saying, “Their only aim is to sow fear, and that they will not achieve.  We will continue to fight terrorism.”

For more information, please see:

Bloomberg-Colombia Captures FARC Member After Bogota Car Bombing, RCN Radio Reports-14 August 2010

Colombia Reports-Bogota police arrest two suspects in radio station car bomb case-14 August 2010

Buenos Aires Herald-Bogota carbomb ‘final spasms of a dying dog,’ Santos-13 August 2010

BBC-Colombia offers Bogota car-bomb reward-13 August 2010

Guardian-Colombia capital hit by car bombing-12 August 2010

Voice of America-Colombian President Calls Bogota Car Bombing ‘Terrorist Act’-12 August 2010

Argentina: Ensure Women Access to Healthcare

By Ricardo Zamora

Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – Thousands of Argentine women of all ages suffer at the hands of negligent or abusive reproductive healthcare services each year, Human Rights Watch reported Tuesday.

In a report titled “Illusions of Care: Lack of Accountability for Reproductive Rights in Argentina,” Human Rights Watch explained that doctors and clinics place unnecessary obstacles that women must satisfy before they can access healthcare services to which they are entitled, such as contraception, voluntary sterilization procedures, and abortion after rape. Such obstacles include financial barriers, a husband’s permission for treatment, and unnecessary delays and referrals to other clinics. This results in speculative access to medical treatment, at best.

Human Rights Watch also reported that doctors who deny women treatment or impose arbitrary requirements are often not penalized.

Miguel Vivanco, Americas director at Human Rights Watch, stressed that “women need dependable care throughout their reproductive lives but in Argentina it’s more like a lottery: You might be lucky enough to get decent care but you are more likely to be stuck with deficient — or even abusive — services.”

Even female victims of rape experience difficulty obtaining abortions or other, less intrusive, medical services. As a result, up to 40% of pregnancies in Argentina terminate by unsafe abortions. Vicanco reports that “Unsafe abortion has been the leading cause of maternal mortality in the country for decades.”

Vivanco believes that while Argentina’s reproductive health policies are not perfect, they would be much more effective in preventing maternal suffering if implemented and that the Argentine Government is not exerting sufficient effort in monitoring how the policies are implemented and is not punishing doctors who violate them.

The Argentine government responded positively to the publication of “Illusions of Care” and has taken steps to address many of the concerns it highlights. However, it has yet to take action. For example, in May, the National Health Ministry created a educational telephone service which logged complaints and provided information about where to find reproductive health care services. Human Rights Watch reports that, in June, one day after the Ministry announced that it would ensure that abortions where carried out for women threatened by pregnancy and those who have been raped, the government retracted its statements, noting that such treatments were not guaranteed.

“The Argentine government seems to be slowly waking up to the notion that laws on reproductive health mean nothing unless they are enforced,” Vivanco Said. “But unless changes are constant and clear, women and girls will continue to suffer and, in some cases, die.”

For more information please see:

Human Rights Watch – Argentina: Guarantee Women’s Access to Health Care – August 10, 2010

Human Rights Watch – Illusions of Care – August 10, 2010

United Press International – Argentine Healthcare Failing Women? – August 10, 2010