South America

Chile Convicts 106 in One of the Country’s Largest Mass Prosecutions, Declines to Investigate Unlawful Detention of Indigenous Peoples Activist

By: Max Cohen
Impunity Watch Reporter, South America

SANTIAGO, Chile – 106 former intelligence agents were sentenced by Judge Hernan Cristoso, in one of the largest mass prosecutions for human rights abuses. The agents were sentenced for their roles in the disappearances of 16 leftist militants during the Augusto Pinochet dictatorship, which lasted from 1973-1990. 13 additional agents who had been charged were absolved from sentencing by the Chilean Judiciary. The sentences range from just over a year and a half to 20 years.

Dictator Augusto Pinochet, who controlled Chile from 1973-1990, and was responsible for the torture and deaths of thousands of people. Photo courtesy of AFP.

The abducted militants were reportedly sent to various torture and detention centers in Santiago between June 1974 and January 1975, and were never seen alive again. Their deaths were then covered up by the Chilean secret police by planting stories in foreign newspapers to imply that they had been killed fighting abroad as a way of absolving the government. Approximately 3,000 people disappeared and 30,000 were tortured during Pinochet’s rule. The disappearances were a part of Operation Condor, conducted by Chile in league with other South American countries such as Argentina and Brazil, which resulted in tens of thousands of activist deaths across the region. It was also motivated by the freshly established Pinochet government to consolidate its power.

Many of the agents who were convicted were already serving sentences for the human rights abuses they had committed. Also among those convicted were two former generals, Cesar Manriquez Bravo and Raul Iturriaga Neumann.

In addition to the criminal penalties for those involved, the current Chilean government was also ordered to pay 5 million Chilean pesos, equivalent to 7.5 million dollars, to the families of the victims as compensation.

Chile has also been criticized recently by Amnesty International for the decision by its Temuco Public Prosecutors Office to close an investigation into the unlawful detention of Victor Queipul Hueiquil, an activist for the rights of indigenous peoples in the country. Victor was reportedly detained for an entire day when police carried out an operation on the land of the Autonomous Community of Temucuicui. During the time of his detention he was allegedly blindfolded, tied up, and beaten while being interrogated.

For more information, please see:

Amnesty International – Chile: Closure of investigation into crimes against Mapuche leader puts indigenous people at risk – 17 May, 2017

BBC – Chilean judge sends 106 former secret agents to prison – 2 June, 2017

CNN – Chile convicts 106 former intelligence agents – 3 June, 2017

teleSUR – Chile Judge Jails 106 Ex-Agents of Pinochet Dictatorship – 3 June, 2017

UPI – Chile judge sentences 106 intelligence agents for kidnappings – 3 June, 2017

Members of Venezuelan Government Opposition Barred From Travel and Protests Intensify as Maduro Seeks to Change Constitution

By: Max Cohen
Impunity Watch Reporter, South America

CARACAS, Venezuela -Paulina Facchin, a representative of the Venezuelan opposition group Mesa de la Unidad Democratica in Peru, was barred back in January from getting her Venezuelan passport for the charge of “inciting hatred”. Ms. Facchin had previously done an interview with Peruvian press in which she was deeply critical of the current crisis in Venezuela, and had driven around an opposition legislator during his visit there. Then in mid-May, the leader of Venezuela’s opposition party Henrique Capriles was barred from travelling to New York to meet with UN High Commissioner for Human Rights Zeid Raad Al Hussein.

A protestor brandishes a molotov cocktail during a march by healthcare workers. Photo courtesy of Agence France-Presse.

The protests in Venezuela meanwhile, have only grown more violent and out of control. In one example, a lynch mob drenched a person in gasoline and lit them on fire. The violence of the protestors has been met by the government with escalating deadly force. At least 55 people on both sides have been killed in the past seven weeks, with more than a thousand injured. However, it should be noted that the protestors have largely been peaceful, and the ones causing violence appear to be in the minority.

As his people protest in the street, Maduro is seeking to put together a constituent assembly to rewrite Venezuela’s constitution. Critics however, fear that his success in doing so would only further escalate the violence

For more information, please see:

Human Rights Watch – Harassing Opposition Activists Abroad – 30 May, 2017

Washington Post – Venezuela is sliding into anarchy – 24 May, 2017

UN News Centre – Venezuela: UN human rights chief regrets opposition leader being blocked to travel – 19 May, 2017

Brazil Mobilizes Military to Quell Protests, Revokes Order a Day Later

By: Max Cohen
Impunity Watch Reporter, South America

BRASILIA, Brazil – On May 24th Brazilian president Michel Temer ordered federal troops to quell the protests which had taken over the capital of his country. The protests had begun turning violent with the vandalism of several government buildings, including the agricultural ministry which was set on fire by the protestors. The next day President Temer revoked his order after a wave of criticism against it, comparing the move to the sort of actions taken during Brazil’s military dictatorship which lasted from 1964-1985. Temer still defended the decision as within his rights as the President.

Police attempt to quell a protest in Brazil. Photo courtesy of the Associated Press.

The protests in question began as the result of a disclosed recording between President Temer and a beef tycoon, in which the tycoon, Mr. Joesley Batista, implicated himself in the bribery of several public officials as well as obstruction of justice. President Temer never revealed this information to authorities, and seemed to approve of the bribe in the recording. Separately, President Temer is also being investigated for obstruction of justice and corruption, and Mr. Batista has also claimed to have bribed him. Calls for President Temer to resign or for impeachment proceedings to begin were the main call of the protestors. However, resignation seems unlikely, since as President, Temer has a certain amount of immunity from prosecution while in that official role. Also, despite the recording, President Temer insists that he did nothing wrong.

Images have also surfaced of the Brazilian police firing weapons. As a result, many were injured. The Secretariat of Public Security said only that it would be investigating the photos.

For more information, please see:

New York Times – Scandal in Brazil Raises Fear of Turmoil’s Return – 19 May, 2017

New York Times – Brazil’s President Deploys Federal Troops to Quell Protests – 24 May, 2017

New York Daily News – Troops pull out of Brazil capital; president under pressure – 25 May 2017

 

Court Decision Could Allow Early Release of Human Rights Criminals

By: Max Cohen
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – On May 3, the Argentinian Supreme Court rendered a decision allowing Luis Muina, convicted of human rights abuses, to have his sentence reduced. The decision was based on an Argentinian law, known as the “2×1″ law, which mandates that, after an initial two years, every day that a person spends in pretrial detention counts as two as part of the overall sentence. The court found that, under the “most favorable law” legal principle, which dictates that defendants should benefit from laws which would lessen their sentences, that it should apply to him retroactively.

Thousands of people in Argentina protest the ruling of their Supreme Court which could allow human rights abusers to go free early. Photo courtesy of the Associated Press.

In the week that followed there were protests in Argentina, as many reportedly feared that the decision would free other human rights criminals. However, the country’s Congress quickly responded to the decision by passing a law rescinding the 2×1 law’s protections for those who had committed human rights abuses during the country’s military dictatorship from 1976-1983. Currently there are 350 former military officers who could have potentially benefitted if the decision is allowed to stand.

Critics point to the Court’s decision as an example of how Argentine President Mauricio Macri’s government has toned down its efforts to seek justice for the atrocities committed during the dictatorship. It should be noted that two of the justices who ruled in favor of the decision were appointed by President Macri.

Whether the Argentine government’s solution will work is set to be tested within the next month as their Supreme Court is set to issue decisions on other cases involving human rights criminals.

For more information, please see:

The Guardian – Fury in Argentina over ruling that could see human rights abusers walk free – 4 May, 2017

New York Daily News – Argentines unite against law helping human rights abusers – 10 May, 2017

New York Times – Argentines Fight Court’s Leniency for Human Rights Crimes – 13 May, 2017

Human Rights Watch – Making Sense of Argentina’s Ruling on Dictatorship-Era Crimes – 15 May, 2017

Venezuelan Protestors Tried in Military Courts

By: Max Cohen
Impunity Watch Reporter, South America

CARACAS, Venezuela – Earlier this year, during a huge economic crisis, protests began against the ruling government of Nicolás Maduro in Venezuela. In April, the protests escalated after the country’s Supreme Court, controlled by Maduro loyalists, attempted to dissolve the country’s legislative National Assembly. Now Maduro has taken another apparent attempt to silence the critics of his government by prosecuting civilian protestors before military courts.

Opposition supporters in Venezuela rally against the Maduro government as the military takes position in the background. Photo courtesy of Reuters.

According to the BBC, at least 50 have been detained thus far, while the New York Times estimates that the minimum number of actual detentions reaches as high as 120. If the protests continue, it is likely that number will rise.

The trial of civilians in military courts is traditionally forbidden, both by international law and Venezuela’s own constitution except in crimes, “of a military nature.” However, the prosecution of these protestors in military, rather than civilian courts, is claimed to be justified by the Venezuelan government’s Zamora Plan. On its official blog, Human Rights Watch describes it as an initiative meant to address, “internal and external attacks that threaten the country’s peace and sovereignty.” However, critics of this action claim it is nothing more than an attempt by Maduro’s government to crack down on and silence the protests.

A researcher from Human Rights Watch claimed that the shift is because the government can control the results in said courts. Although, it should be noted that even in civilian courts, liberal judges and prosecutors have caused hundreds to be jailed in the past. Rights groups point to the fact that there is a different standard of evidence in military courts, as well as the lack of due process protections for defendants as proof that the system is rigged against them. However, at least for now it does not appear that this move has dissuaded protestors from taking to the streets.

For more information, please see:

New York Times – Venezuela Tries Protestors in Military Court ‘Like We Are in a War’ – 12 May 2017

BBC – Venezuela military courts ‘used against protesters’ – 9 May 2017

Human Rights Watch – Civilians Tried by Military Courts – 8 May 2017

NBC News  – Venezuela Protests and Economic Crisis: What Is Going On? – 8 May 2017

New York Times – At Least 3 Die in Venezuela Protests Against Nicolás Maduro – 19 April 2017