LIMA, Peru – Human rights groups in Peru are complaining about setbacks in trials and leniency of punishments for security force members responsible for crimes against humanity during the Peruvian Counterinsurgency War.

The court dealing with these trials is the Sala Penal Nacional, the highest-level court dealing with human rights cases against members of the armed forces.  Since 2009, the tribunal has acquitted 65 accused and convicted only 15.  The rate of impunity within these trials is worrying human rights groups all over the country.

“There’s a clear tendency towards impunity on the part of the Sala Penal Nacional in cases of extremely serious human rights violations, that benefits members of the military and police who should be punished for the crimes they committed,” said Ronal Gamarra, executive secretary of the National Human Rights Coordinating Committee.

Many facing the tribunal have committed several crimes against humanity pursuant to orders from former Peruvian president, Alberto Fujimori.  Gamarra, who took part in the trial against Fujimori, said that those defending the accused are, in essence, “paving the way for an amnesty for the members of the criminal commandos that acted under the former president’s orders.”

While support of the military is one of the main causes of delay in judicial proceedings, military supporters allege that the delay is actually caused by human rights groups and the judiciary.  Peruvian Defense Minister and military supporter, Rafael Rey, recently reported that there is no information on the members of the military who were posted at a number of army counterinsurgency bases.  The report noted that “there are no documents because in the counterinsurgency period military personnel were given their orders verbally, using aliases as a security measure.”  Therefore, Rey concludes, military members being accused are victims of “judicial persecution.” But the lack of documents raises the inference that there was an attempt at hiding crimes against humanity.

Legal Defense Institute lawyer, Carlos Rivera, said that “in many cases, the trials drag on because the armed forces refuse to hand over information about the identity of the members of the military, who operated under aliases, or because they resist putting the accused at the disposal of the justice system.”  In lights of these facts, the military nevertheless accuses human rights groups and the judiciary of dragging out the trials, he added.

In a related investigation of several acquittals, Rivera found an “alarming” willingness of the Sala Penal Nacional to acquit defendants based on “questionable arguments.”  He noted that when perpetrators could not be identified for whatever reason, the tribunal would just assume the murders never happened.

Floria Cano, a lawyer with the Association for Human Rights, said that “Rey asks us to be tolerant of the [military].  Our response is that we are, and we will remain, intolerant of impunity.”  She added that the survivors remain eager to find out the truth and to see justice done.

For more information, please see:

Terraviva – Peru Faces Severe Setbacks for Justice in Cases Involving Military – 21 June 2010

Global Issues – Rights-Peru: Severe Setbacks for Justice in Cases Involving Military – 19 June 2010

IPS – Severe Setbacks for Justice in Cases Involving Military – 19 June 2010

By R. Renee Yaworsky
Impunity Watch Reporter, South America

AMAGA, Colombia—Little hope remains for dozens of workers who are trapped in a coal mine after an explosion.  At least 18 workers were killed and over 50 are still unaccounted for.  Rescue efforts have been stifled by dangerous gases and the fact that rescuers do not have oxygen tanks.

The mine explosion occurred late Wednesday in the San Fernando mine, located in a rural town south of the Antioquia state capital.  The blast happened during a shift change in an access tunnel.  It is believed that a buildup of methane gas was to blame.

“It’s unlikely that there are any survivors given the accumulation of methane gas and carbon monoxide,” Luz Amanda Pulido, Colombia’s National Disaster director, told the Associated Press.  Rescuers have been hindered by intense heat and a collapse in the tunnel.  Officials estimate that the rescue and recovery operation could take two weeks.

President Uribe, who met with miners’ relatives, admitted he felt “helpless” given the dire situation.  “They are now bringing in some fans that were unfortunately not in place before,” he explained, referring to gas extractor fans that were missing in the mine.

Mining Minister Hernan Martinez said the mine lacked basic safety features common to the mining industry, such as a methane ventilation pipe or gas detector. Relatives of the trapped miners said temperatures inside the mine often ranged from 104 to 113 degrees.

A school near the mine was set up as a makeshift morgue.  Coroners said most of the victims died from burns caused by the explosion.  Several bodies were burned beyond recognition.  Survivor Walter Restrepo, who escaped the mine in time, recalled: “A rain of fire fell on top of me.”

The San Fernando mine has about 600 workers and is one of Colombia’s 3,000 underground mines that produce 6 million metric tons of coal each year.  Mine disasters seem increasingly common.  A similar incident occurred a year and a half ago, trapping five miners, one of whom died.  Last year, at a nearby mine, nine miners were killed by an explosion.  No new safety regulations were instituted.

Colombia’s Institute for Geology and Mining will conduct an investigation into the inadequate safety regulations in the mine.  According to Martinez, the mine will not reopen until the investigation is complete.

Half of Colombia’s population lives beneath the official poverty line and working conditions are notoriously inadequate.  High levels of unemployment force youth to risk their lives in dangerous mines that lack safe conditions.  Often the pay in these mines is very low, especially when compared to the hazards involved.

For more information, please see:

Colombia Reports-Government to take care of families of deceased miners-19 June 2010

Axis of Logic-Over 50 miners trapped in a Colombian coal mine-19 June 2010

LA Times-Little hope for 53 missing miners in Colombia-19 June 2010

AP-Little hope for trapped Colombian miners-18 June 2010

By Patrick Vanderpool
Impunity Watch Reporter, South America

BOGOTA, Colombia – The Colombian Judicial System handed down one of its most severe punishments against a member of the country’s security forces.  A retired army colonel was found guilty in the disappearance of 11 people in 1985 and was sentenced to 30 years in prison.  The disappearances occurred when soldiers stormed the Palace of Justice to retake it from leftist guerrillas.

This judicial victory is due in large part to Rev. Javier Giraldo, a Colombian Catholic Priest.  Rev. Giraldo, who worked tirelessly to uncover previously unknown evidence, assured that the victims’ relatives were heard by journalists and prosecutors.  This case is a prime example of the type of work Rev. Giraldo has been pursuing for most of his life.

For the last 30 years, Rev. Giraldo has investigated some of the most egregious human rights violations and has publicly accused who he believes is responsible.  In recent years, Rev. Giraldo has been faced with increasing hostility from pro-government activists for his stance on human rights issues.  Even Colombian President Alvaro Uribe has criticized the man many call the “Marxist Priest.”

Colombia’s Government, as well as pro-government activists, have been quick to label Rev. Giraldo anti-government and a pawn for the largest guerrilla army.  Some have gone as far as to spray-paint death threats on the walls of the Colombian Capitol Building

Despite criticism from pro-government types, many view Rev. Giraldo as a blessing and as an individual who is trying to hold responsible those who committed human rights violations.  Gimena Sanchez, a Colombia specialist at the Washington Office on Latin America, described Giraldo as an “incredibly moral figure who is not linked to any armed groups.”

Giraldo, sitting in his office, surrounded by photographs of other priests who were killed for being outspoken, stated that Colombian Government tries to “denounce and delegitimize whoever helps the victims.”  The recent victory for the families of those 11 victims is a small success in an ongoing war against human rights violations.

Although the battle is not easy, Giraldo is not prepared to give up the fight because of the criticism he is taking.  “I break with a justice system that is absolutely rotten,” Giraldo said. “But I am not saying that I will stop denouncing crimes.”

For more information, please see:

The Washington Post – Priest Faces Criticism For Shining Light on Human Rights Abuses in Colombia – 12 June 2010

Minneapolis Star Tribune – Colombian retired colonel gets 30 years for disappearances in 1985 Palace of Justice takeover – 09 June 2010

IPS – “Death Threats Have Become Routine,” Says Jesuit Priest – 14 May 2010

By R. Renee Yaworsky
Impunity Watch Reporter, South America

CARACAS, Venezuela—Venezuelan prosecutors issued an arrest warrant Friday for the owner of the country’s only remaining pro-opposition television channel.  Guillermo Zuloaga, the well-known president of the Globovision channel, has been critical of President Hugo Chavez and is a frequent target of authorities.

Zuloaga’s son was also named in the warrant. The charges against the father and son are linked to a 2009 case in which they were accused of improperly storing 24 new Toyotas.  Security officers could not find either man at Zuloaga’s home.

The senior Zuloaga, in addition to owning Globovision, owns and operates some car dealerships.  Authorities claim that he and his son were keeping the Toyotas off the market, waiting for prices to rise.  The charges had been dropped months ago, after prosecutors reviewed the case.  Zuloaga has denied any wrongdoing, speculating that the charges were an attempt to intimidate him.  He said the vehicles had been stored for safekeeping after one of his dealerships had been robbed.  The arrest warrant appeared just one week after President Chavez publicly lamented that Zuloaga remained free.

A statement from the prosecutors’ office on Friday read:  “The police are now working on capturing both citizens, who must be presented before a tribunal which will decide what legal measures to adopt.”  The statement went on to say that both Zuloagas could also be charged with conspiracy to commit a crime, which alone could carry a 2 to 5 year jail sentence.

Zuloaga is no stranger to conflicts with Venezuelan authorities.  In March, he was arrested and detained for hours after making “offensive and disrespectful” remarks about President Chavez on a television show.  Zuloaga had commented on his worries about restricted freedom of expression in Venezuela.

Earlier this year, the Organization of American States voiced concerns about Venezuela’s use of punitive power to silence opponents.  The Inter-American Commission on Human Rights issued a report stating that Chavez constrains freedom of expression and has restricted human rights.  The Commission urged Venezuela to avoid using any means to silence criticism or allegations against the government.  In response, President Chavez called the report “garbage.”

Alejandro Aguirre, the president of the Inter-American Press Association in Aruba, condemned the arrest warrant against Zuloaga.  “Once again it’s been shown that in Venezuela there’s no independence of powers, an essential value of democracy, since the judicial branch seems to act every time the president speaks or orders it,” Aguirre stated.

Globovision has been the only anti-Chavez television channel on air since a similar channel, RCTV, was forced off cable and satellite TV in January.

For more information, please see:

Voice of America-Venezuela Orders Arrest of Anti-Chavez TV Boss-12 June 2010

AP-TV channel owner ordered arrested in Venezuela-12 June 2010

Wall Street Journal-Venezuela Issues Arrest Warrant For Anti-Chavez Businessman-11 June 2010

By Patrick Vanderpool
Impunity Watch Reporter, South America

Argentina’s lower legislative house, the Chamber of Deputies, recently approved a gay marriage bill.  By a 125-109 vote, the Chamber of Deputies passed a bill that not only allows gay marriage, but also allows gay couples to adopt children for the first time.

Argentina’s capital, Buenos Aires, has a strong reputation for being gay friendly.  Many bars, restaurants and other forms of entertainment specifically cater to homosexual clientele.  Support for a gay marriage bill has mounted since December of last year, when the first same-sex marriage was performed in Latin America.  Since that time, five same-sex couples have been married in Argentina by judges who authorized the ceremony.

The Chamber of Deputies was faced with a difficult decision: pass a bill that would allow civil unions, but would not allow adoptions; or take a bold step and allow equality across the board.  When asked why he supported the equal marriage bill, Agustin Rossi, member of Front for Victory Party, explained that a civil union option “would not have solved the problem” and that the legislature was focused on “equaling rights in the most genuine manner.”

Rossi went on to say that it is very unfair for those who have power to deny equality to those who do not.  Deputy Felipe Sola, who supported the bill, added that “love isn’t owned by heterosexuals.”

While there have previously been few same-sex marriages in Latin America, this victory marks the first time the body of a legislative branch has voted for same-sex marriages in Latin America.  If the bill passes Argentina’s upper house, Argentina would be the first Latin American country to allow full same-sex marriage and adoption rights.  Currently, Mexico City is the only place in Latin America where same-sex couples share the same marriage and adoption rights as heterosexual couples.

Maria Rachid, president of the Argentine Federation of Lesbians, Gays, Bisexuals and Transsexuals, is optimistic that the bill has the necessary support to pass.  Deputies from President Fernandez’s faction, as well as members of groups on the left and right of the political spectrum, have all shown support for the bill.

For more information, please see:

Advocate.com – Argentina’s lower house OKs gay marriage bill – 5 May 2010

Bloomberg – Argentina’s Lower House Approves Gay Marriage Bill, Clarin Says – 5 May 2010

On Top Magazine – Argentina’s Lower House Approves Gay Marriage Bill – 5 May 2010

Reuters – Argentina’s lower house passes gay marriage bill – 5 May 2010