By Sovereign Hager

Impunity Watch Reporter, South America

BOGOTA, Colombia-Jaime Uscategui, a retired general, was sentenced to forty years in prison on Wednesday for his involvement in a massacre by right wing paramilitaries. A court ruled that Uscategui, who was a commander of the eighth brigade in 1997, was complicit in the murder of forty-nine civilians by paramilitaries.

In July of 1997, over 100 armed members of a right wing paramilitary groups entered the village of Mapiripzán, despite being officially banned from activity. The paramilitaries commenced a five-day killing spree, where civilians were tortured and murdered.

The military failed to stop the massacre or stop the paramilitaries at one of the many checkpoints on their way into the village. A pair of chartered planes full of right wing gunmen landed and were dispatched to oversee the mass killings form Uscategui’s area.

During the five-day massacre, the town’s judge, Ivan Cortes, repeatedly called Uscategui for help, with no response. Bodies were “hacked up and many were thrown into a river.” Hundreds of suspected leftist rebel sympathizers were killed during the 1990s.

The court overruled an earlier acquittal, finding that Uscategui abandoned the people and had knowledge that some of his officers were collaborating with paramilitaries. The forty year sentence is the highest ever to be imposed in Colombia on an officer of Uscategui’s ranking. Uscategui was also ordered to pay a fine of 10 million pesos.

The killings were committed predominantly by the Self Defense Forces of Cordoba and Uraba (ACCU), a paramilitary group organized by landowners. Another former army general, Rito Alejo del Rio, is in jail until a civilian court tries him on charges of murder for death squad killings during the mid-1990s.

Uscategui was initially arrested in 1999 and tried by a military court, where he was sentenced to forty months in prison for “omission.” A battalion commander who did not stop the Mapiripán massacre was convicted of murder in 2007 and sentenced to forty years in prison.

For more information, please see:

AP-Court Convicts Ex-General in Colombian Massacre-26 November 2009

The Guardian-Former Colombian General Jailed for Rule in Maripiripán Massacre-26 November 2009

BBC-Colombia Jails Death Squad General Over Massacre

By Sovereign Hager

Impunity Watch Reporter, South America

DEPARTMENT OF ALTO PARANÁ, Paraguay-217 indigenous Guarani were sprayed with pesticide last week after refusing to vacate their ancestral land. The government confirmed that there were no crops present where the pesticide spraying took place.

A formal eviction of the indigenous people was set for the same day, but a district prosecutor canceled the mandate right before execution. The local government’s refusal to evict the Guarani apparently led the soy growers to take matters into their own hands.

Over fifty men claiming ownership of the land arrived on November 6th and tried to remove the Guarani by force. The people resisted, using their bows and arrows. Later that day, an airplane sprayed pesticide directly above their homes. The pesticide is thought to be the same as that which is regularly used on soy crops. Over 200 people reported sickness and fainting. At least seven people were taken to the hospital. One person remains in critical condition.

Amnesty International has condemned the “use of apparently toxic pesticides to intimidate an indigenous community after they resisted being forcibly evicted from their ancestral lands.” Amnesty International noted the “worrying precedent” set by the Human Rights Commission of the Paraguayan State, who rejected a draft bill returning ancestral lands to another indigenous group, leaving ninety families homeless.

Amnesty International finds that even the most isolated indigenous groups are at risk due to deforestation. Satellite imagery shows that deforestation in the north of Paraguay occurs uninterrupted despite government regulation.

Paraguayan indigenous groups complain that they are not sufficiently protected against private commercial interests. An expert from the University of Maryland stated that the “economics and politics of Paraguay make sustained improvement unlikely.” Paraguayan researchers for Amnesty International say that “indigenous peoples’ lives are being put in jeopardy by those who should protect them,” calling the acts against the Guarani, “predictable.”

The Inter-American Court of Human Rights ordered Paraguay to return ancestral lands to two indigenous communities. It is not clear whether that order has been carried out. Amnesty International has urged Paraguay to recognize international human rights standards, which recognize the right to traditional lands as crucial to indigenous peoples because they are a vital element of their sense of identity, livelihood, and way of life.

For more information, please see:

Global Voices-Paraguay:Indigenous Group Sprayed Aerially with Pesticides-12 November 2009

CNN-More than 200 Paraguayan Villagers Thought Sprayed with Pesticide-11 November 2009

Amnesty International-Paraguay Indigenous Community Threatened by Illegal Eviction and Pesticide Attack-10 November 2009

By Sovereign Hager

Impunity Watch Reporter, South America

CONCEPCIÓN, Chile-Imprisoned Mapuche activists told members of the press that they were torture, framed, and discriminated against by police and persecuted by prosecutors. The activists were arrested under a national security and anti-terrorism law adopted during the period of military dictatorship in Chile.

Charges against the activists range from “terrorist association” to attempted homicide against the prosecutor and two detectives who formed part of a team that entered a Mapuche community in 2008. One prisoner claims that the prosecutor tortured him to make him confess that he was the leader of the ambush where the two detectives were killed.

The Chilean government denies all allegations of wrongdoing. President Bachelet, who lived in exile during the military dictatorship said, “nothing, absolutely nothing justifies violence in the region of La Araucania.” The Mapuche has staged land seizures, burned vehicles, and agricultural machinery in protest of what they consider to be unauthorized land use. One government official pointed out that the violence has resulted in a significant decrease in foreign investment.

Since center-left government of Michelle Bachelet took office, thirty five percent of the disputed land has been returned to the Mapuche. However, many say that not enough progress has been made in the restoration of the ancestral land, which was taken in a government offensive that began in the late 19th century.

A 2007 international mission by the Observatory for Indigenous Peoples’ Rights found dozens of complaints of abuses, such as violent raids of Mapuche homes where police destroyed household goods and objects of cultural value, mistreated elderly people, women and children, and made racist epithets. This was allegedly done in search of activists wanted by the justice system. The Mapuche gave UNICEF the names of thirty-seven children they say were asphyxiated by tear gas.

There are nearly one million Mapuche living in Chile. Non-governmental organizations estimate that there are more than fifty Mapuche political prisoners in different prisons in Southern Chile. In September the Ethical Commission Against Torture put that number closer to 100.

The Mapuche resisted over 300 years of Spanish rule and then oppression by the Chilean state, until they were defeated militarily and cornered in the South. In the last few months, conflict has increased between the Mapuche communities and the state. This was primarily fueled by a new wave of land occupations, leading to confrontations with police.

For more information, please see:

Mapu Express-Hablan Presos Mapuche Desde la cárcel del Manzano, Concepción-19 November 2009

IPS-CHILE: Mapuche Voices from Prison-16 November 2009

Univision-Chile Utiliza Ley de la dictadura para juzgar a mapuches-16 November 2009

By Sovereign Hager

Impunity Watch Reporter, South America

LIMA, Peru-Peru’s Vice President, Luis Giampietri is facing criminal charges for alleged irregular arms deals and faces a motion that he be removed from office. A five year investigation revealed that Giampietri was responsible for questionable arms purchases for the Peruvian Navy in 1994 and 1995.

Giampietri is a retired vice admiral in Peru’s Navy. The accusations are from the period where Giampietri was in charge of arms procurement for the Navy, when Alberto Fujimori was in office. Giampietri is accused of using his position to favor supply companies belonging to members of a corrupt network headed by then presidential security adviser Vladimiro Montesinos.

Giampietri is accused of collusion and conspiracy to commit a crime. Allegations detail how Giampietri approved purchases of military equipment from companies specifically selected by Montesinos, who then received millions of dollars in commissions in return. The money was found in his name in Switzerland. The allegedly illicit deals total 49.9 million dollars.

Giampietri denies all charges against him and insists that the arms deals did not do the state any harm, “because equipment . . . was used for national defense.” However, prosecutors are most concerned that the bidding procedure was rigged to favor companies owned by Israeli citizen Moshe Rothschild and Peruvians Enrique Benavides and Claus Corpancho.

Rothschild and Benavides have been fugitives from justice since 2001, and Corpancho has been in prison in Lima since 2007, when he was extradited from Spain. Fujimori admitted that Montesinos accepted a bribe for the sale to Peru of thirty-six MiG-29 warplanes from Belarus. Rothschild, Benavides, and Corpancho organized the sale.

The charges are the reason for the recent motion to remove Giampietri as first vice president. “We view it as improper that a person accused by a prosecutor should be acting president,” said a spokesman for the opposition Peruvian Nationalist Party.

Giampietri was also a part of the trial for those responsible for the 1986 massacre committed by naval forces during a Sendero Luminoso riot. 118 people were killed. Giampietri is among those said to be responsible for the massacre.

For more information, please see:

IPS-Peru: Vice President Accused of Corruption-14 November 2009

Defense News-Peruvian Navy Officials Probed for Contract Fraud-6 November 2009

Radio Programas del Peru-Giampietri califica de “insostenible e infundada” denuncia en su contra-5 November 2009

By Sovereign Hager

Impunity Watch Reporter, South America

LONDON, England-Colombian farmers are suing the oil company BP for damages arising from the construction of a 450-mile pipeline. The lawsuit alleges that the Ocensa pipeline caused landslides and damage to soil and groundwater, caused crops to fail, livestock to die, contaminated water supplies and made fish ponds unsustainable.

The pipeline was laid from the Cusian-Cupiagua oilfields, to the port of Covenas. The region has a significant amount of paramilitary activity. Farmers say that they have been harassed and intimidated by paramilitaries employed by the Colombian government to guard the pipeline. Colombian lawyers who initially were a part of the lawsuit claim that they were intimidated by paramilitaries as well.  One lawyer fled to Britain when she found out that her name was on a paramilitary hit list. She was granted asylum in 2002.

In this case, the environmental impact assessment, which BP conducted prior to pipeline construction, allegedly showed significant risk of damage to the land. However, mostly illiterate farmers were not informed about the risk. BP expressly promised compensation to the farmers for damages caused by the pipeline and that there would be no long-term environmental damage.

The lawsuit claims damages for breach of contract and negligence. If the court accepts evidence of environmental damage, advocates believe that that would allow similar claims by other communities in developing countries who say they have been adversely affected by oil pipelines.

One farmer stated, “Now that my land has been destroyed I realize that the money I was paid for the pipeline to be build across my farm was a mere pittance and that BP took advantage of my inability to read and write and my lack of understanding of technical language.”

BP denies all of the farmers’ allegations. It argues that the main cause of soil erosion and sediment is the removal of forests by farmers for cattle grazing. BP settled outside of court in a similar lawsuit in 2002. A court hearing date has not yet been set.

For more information, please see:

Business and Human Rights Resource Center-Case Profile:BP Lawsuit(Re: Colombia)-11 November 2009

Colombia Solidarity Campaign-BP and Pipeline Damage in Colombia-11 November 2009

The Guardian-BP Faces Damages Claim Over Pipeline Through Colombia Farmland-11 November 2009