South America

UN Report Denounces “Extensive” Human Rights Abuses By Venezuelan Government As Opposition Leader’s Wife Is Barred From Leaving Country

By: Max Cohen
Impunity Watch News Reporter, South America

CARACAS, Venezuela – The United Nations has released a report chastising the Venezuelan government over extensive human rights violations committed in the wake of anti-government protests. Additionally, Venezuelan authorities have opened an investigation into Lilian Tintori, the wife of opposition leader Leopoldo Lopez, after allegedly discovering a large amount of cash in her car. She has since been barred from traveling outside the country to attend meetings with European leaders scheduled for the week of September 3rd-9th.

Lilian Tintori demonstrates a picture of jailed anti-government protestors in a meeting with foreign journalists. Photo courtesy of AP.

The UN report documents the systematic use of excessive force during demonstrations and the arbitrary detention of protesters, noting that all evidence indicates that these were not the actions of a few isolated officials. It calls on the UN Human Rights Council, of which Venezuela is a member, to take measures to prevent the human rights situation from worsening. Venezuela’s government has slammed the report as shoddy and biased, though the report says that victims’ accounts were consistent and corroborated by medical reports and NGO reports.

The report also indicates that of the 124 deaths linked to the protests, security forces are allegedly responsible for 46, while pro-government armed groups are responsible for 27. More than 5,000 people have been detained since the protests began in April, with 1,000 still being held.

On Thursday, August 31st, Venezuelan authorities discovered around 200 million bolivars, equal to about $60,000, on the nation’s weakest official exchange rate or $10,000 on the more commonly used black market rate, in the car of Lilian Tintori. It’s unclear what crimes she has being investigated for, since possession of cash in Venezuela is not a crime. However, Tintori is convinced that the actions are government sanctioned persecution targeted towards her.

She also claims that the money was to pay for emergencies, including the hospitalization of her grandmother. Tintori claims that cash was necessary since inflation has decimated the value of Venezuela’s currency, and because no bank would give a credit card or open an account for the wife of an opposition leader. She has also since been banned from leaving the country, a move that came a day after she was ordered to appear before a judge on September 5th.  Tintori was expected to travel to Europe to convince leaders there to institute sanctions against Venezuela.

For more information, please see:

Bloomberg – Venezuelan Opposition Activist Says She Was Barred From Traveling to Europe – 2 Sept, 2017

Fox News – UN rips Venezuelan human rights abuses, as government orders opposition leader’s wife to court – 2 Sept, 2017

ABC – Venezuela probes wife of opposition’s Lopez for cash in car – 1 Sept, 2017

United Nations News Centre – Human rights violations indicate repressive policy of Venezuelan authorities – 30 Aug, 2017

Chile Faces Final Obstacle in Reforming Draconian Abortion Law From the Pinochet Era

By: Max Cohen
Impunity Watch Reporter, South America

SANTIAGO, Chile – In the early days of August 2017, and after two years of debate, lawmakers in Chile overwhelmingly approved a dramatic change in the country’s abortion laws allowing women to terminate a pregnancy under certain conditions. Before becoming law however, the Constitutional Tribunal must approve of the law.

A woman participates in a pro-abortion march in Santiago, Chile. Photo courtesy of AP.

Currently, Chile has an absolute ban on abortion in all circumstances. Abortions were originally allowed for medical reasons in Chile since 1931, but in 1989 during the last years of the Pinochet dictatorship the ban was implemented and has remained law ever since. Anyone who participates in an abortion could serve up to 15 years in prison, although in recent years courts have tended to order therapy rather than incarceration for the women involved. Between 2010 and 2014 there were nearly 500 people charged and 73 convictions for abortion related offenses, 12 of which are men currently serving prison sentences.

The new law would only allow for abortion in certain circumstances such as if the pregnancy endangers the life of the mother, or if the fetus is not viable, or if the pregnancy resulted from rape. If a pregnancy may endanger a woman’s life however, abortion would not be allowed. It’s only when the woman’s health is in danger that the law would allow her to get an abortion, and even then, only after requiring the opinion of two doctors.

According to a survey poll taken last month about 70% of Chileans support the change in the country’s abortion laws. Approximately 60,000 – 70,000 illegal abortions are performed each year in Chile. Despite this, the new law has its share of opposition which forced it to be referred to the Constitutional Tribunal.

However, whether the law will be approved by the Constitutional Tribunal is uncertain. Even though proponents seek to argue that it is a human right to be able to have an abortion, opponents point to a clause in Chile’s constitution which protects the life of the unborn. However if the ban is approved it will end Chile’s status as the only South American country with an outright ban on abortion.

For more information, please see:

New York Times – Thrust Into Chile’s Abortion Fight, Women Who Urged Change May See It – 17 Aug, 2017

The Guardian – Endgame nears in Chile president’s fight to temper draconian abortion ban – 16 Aug, 2017

CNN – Chilean lawmakers vote to ease abortion ban – 3 Aug, 2017

New York Times – Chile’s Congress Approves Abortion In Limited Cases – 3 Aug, 2017

Argentine Man Disappears After Detention by the Government and Citizens Demand Information

By: Max Cohen
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – The government of Argentina is currently being accused of “disappearing” a human rights activist named Santiago Maldonado on August 1st. On Friday August 11th, thousands of people marched through the capital demanding information regarding the whereabouts of Maldonado. The disappearance of Maldonado after being detained by Argentine border police, aka the National Gendarmerie, brings back painful memories for many of the dictatorship that ruled the country from 1976 to 1983 and “disappeared” around 30,000 people.

Protestors march through Buenos Aires with Santiago Maldonado’s picture and the message “Appear alive now” as they demand answers regarding his disappearance. Photo courtesy of the Associated Press.

Santiago Maldonado was taking part in a protest supporting the land claims of the indigenous Mapuche Indians when he was allegedly grabbed and detained by border police for blocking a road along with other protestors. The Mapuche Indians were being evicted from lands in Patagonia owned by the Italian clothing company Benetton, and used to produce wool, but which they’ve claimed as being their ancestral lands and have occupied since 2015. According to the human rights group Center for Legal and Social Studies, on the day Maldonado appeared about 100 government agents entered the indigenous community shooting rubber and lead bullets. Maldonado and the other protestors were also demanding the release of Facundo Jones Huala, a Mapuche leader currently imprisoned for illegal possession of firearms and wanted in Chile on charges of terrorism. However, Argentine activist Adolfo Perez Esquivel, who won the Nobel Peace Prize in 1980 for his defense of human rights during the dictatorship, has accused the current government of repressing indigenous peoples.

Since Maldonado went missing Argentine authorities have denied any wrongdoing and even offered a $27,000 reward for information on his location. Security Minister Patricia Bullrich has also said that there’s no indication the border police captured Maldonado, or that he was even at the protests.

However, his family as well as other witnesses claim that he was there and was detained. In addition to the thousands of civilians who marched through Buenos Aires, the UN Committee on Enforced Disappearances has expressed concern for Maldonado’s health and demanded action from the Argentine government. On Monday August 7th, a protest demanding Maldonado’s safe return had turned violent when protestors hurled Molotov cocktails at police, attacked a journalist and smashed the window of a television van. There are presently no indications that the August 11th protest was similarly violent.

For more information, please see:

Reuters (UK) – Thousands of Argentines march to demand answers on missing protestor – 11 Aug, 2017

The Guardian – Argentina activist missing after indigenous people evicted from Benetton land – 8 Aug, 2017

Washington Post – Argentina rights groups demand info on missing activist – 8 Aug, 2017

Peruvian Court Convicts Fromer Officers of Human Rights Abuses and Indigenous Leaders Demand Consultation

By: Max Cohen
Impunity Watch Reporter, South America

LIMA, Peru – A court has convicted two former military officers of human rights abuses for their role in the torture and murder of civilians in 1983 during a conflict between the government and the Maoist Shining Path rebel group. Recently indigenous tribal leaders have vowed to block the government from accessing their territories and halt oil production unless an indigenous rights law is applied within 20 days.

Carlos Sandi, president of the Amazon’s native communities of the Corrientes basin, complains that his people’s rights aren’t being respected. Photo courtesy of Reuters.

The case against the former military officers had dragged on for a decade, and resulted in only two convictions thus far, with a third officer cleared due to lack of evidence and suspended sentences for two others due to their dementia. One of the surviving victims of the torture unfortunately died before the verdict came in. The two officers who were convicted were sentenced to 23 and 30 years respectively, however they did not appear in court for their sentencing and authorities are seeking their arrest. The country of Peru was also found to be partially responsible for the crimes and as such has been ordered by the court to pay reparations to the families of the victims. In addition to murder and torture of around 53 people, those in charge at the military base of Los Cabitos used an oven to burn the bodies of their victims.

During the 20-year conflict between the Peruvian government and the Maoist Shining Path rebel group that began in 1980, about 69,000 people were killed or went missing. Seventy five percent of those who were killed were indigenous peoples.

In recent days, tribal leaders have accused the current Peruvian government of refusing to carry out a consultation process even though the government is negotiating a new contract with Frontera Energy, whose current contract expires in 2019. Currently there exists a law, passed in 2011, which requires the government to seek the informed consent of the indigenous people before undergoing any development which may affect them. However, the government has not confirmed whether another consultation would happen, stating that one which had taken place during 2015 was still valid. Even though a consultation would not veto the project if indigenous leaders say no, tribal leaders have threatened to cut off access to their territories from both the government and oil companies if the demand is not met.

For more information, please see:

The Guardian – Peru tribal leaders vow to halt oil output unless indigenous rights respected – 27 Aug, 2017

teleSUR – Peru Court Convicts 2 in Military Human Rights Abuse Case – 19 Aug, 2017

Reuters – Peru court convicts two of human rights abuses at military base – 18 Aug, 2017

Venezuela’s Constituent Assembly is Sworn in Despite Allegations of Fraud and Authoritarian Acts

By: Max Cohen
Impunity Watch Reporter, South America

CARACAS, Venezuela – Sunday July 30th, 2017, Venezuela changed dramatically. As some protested, other Venezuelans voted in an election to create a Constituent Assembly, with the power to rewrite their country’s constitution, and perhaps most importantly, to oust the current opposition-led National Assembly. The election has since been deemed a fraud, and in the days since the new constituent assembly, the government of Nicolas Maduro have increasingly been engaging in increased unapologetically authoritarian acts.

Former Venezuelan Attorney General Luisa Ortega is prevented from entering the Public Prosecutor’s office in Caracas. Photo courtesy of Getty Images.

According to the Venezuelan government, over 8 million people voted in the election, however an independent exit poll puts the turnout at half that number. Additionally, the company that makes the machines which were used in the election has publicly stated that the results were off by at least 1 million people. Two weeks prior, according to opposition leaders, around 7 million people voted in an unofficial referendum to keep the current constitution. Luisa Ortega Diaz, Venezuela’s now former attorney general, was fired by the Assembly in its first session on August 5th, 2017 after promising that she would investigate accusations of voter fraud surrounding the election.

The Venezuelan government has also jailed two critics of Maduro, opposition leader Leopoldo Lopez and veteran politician Antonio Ledezma. The two men have been accused of planning to flee the country and of violating their house arrests by making political statements and speaking to media. They were abducted from their homes in nighttime raids by security forces. Ledezma was released on August 4th, and placed back on house arrest. Additionally, two of the judges appointed by the National Assembly to an alternative Supreme Court have taken refuge in the Chilean Embassy and may seek asylum.

Protests and violence raged rampant in the streets during the election, with estimates of those killed in clashes with authorities ranging from 7 to 12 people. One of the candidates in the election was also killed in his home.

As of writing this article the Constituent Assembly has not yet dissolved the current National Assembly. Among the new leaders in the Constituent Assembly are Maduro’s wife and son. Opposition leaders in the National Assembly however, have pledged to remain in power regardless of what actions the Constituent Assembly takes, setting up the possibility of two governing bodies, each not recognizing the other.

For more information, please see:

NBC – Venezuela’s New Constituent Assembly Ousts Anti-Maduro Prosecutor Luisa Ortega – 5 August, 2017

New York Times – Venezuela’s New Leaders Begin Their March Towards Total Control – 4 August, 2017

CNN – Controversial Venezuelan vote to be investigated, attorney general says – 3 August, 2017

Time – Venezuela Heads Toward a Showdown As New Assembly Prepares to Convene – 3 August, 2017 

CBS – Voting machine firm: Venezuela vote rigged “without any doubt” – 2 August, 2017

Reuters – Venezuela jails opposition leaders in new crackdown on opponents –  1 August, 2017

ABC (Aus) – Venezuela election: Deadly protests mar ballot as voters snub Maduro constituent assembly – 31 July, 2017

CNN – Deadly election day in Venezuela as protestors clash with troops – 30 July, 2017