South America

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

Venezuela Withdraws from the OAS

By Cintia Garcia

Impunity Watch Reporter, South America

Caracas, Venezuela—President Nicolás Maduro announced last week that he is withdrawing Venezuela out of the Organization of American States (OAS). The OAS has been critical of President Maduro’s accumulation of power at the cost of democratic institutions.

Demonstrators, including the wife of opposition leader Leopoldo Lopez, have taken to the streets against president Maduro’s government. (Photo Courtesy of BBC)

On Wednesday the representative of Venezuela to the OAS, Foreign Minister Delcy Rodríguez announced that President Maduro instructed her to sever ties with the OAS because “of what she described as intrusive, arbitrary, illegal, deviant and crude actions.” She also stated that “A faction of governments from the region had eyes on our sovereignty and tried to intervene and lecture our country, but this, fortunately, will not happen.” Venezuela submitted a letter of complaint which will initiate the process to withdraw. The decision to leave the organization comes after the OAS voted to hold a meeting to discuss the crisis in Venezuela. As a result of leaving the OAS and in accordance to its rules, Venezuela will need to pay a debt of 8.7 million and will need to wait two years to withdraw.

Many experts claimed that the decision to leave the OAS is unprecedented—no country has left the OAS since its initiation.  A professor of International Relations at the Central University of Venezuela stated, “It is evidence of an authoritarian character o the government, especially in the case of the OAS, whose pillars are to defend democracy and human rights.”

The OAS promotes democracy among its member states in the Western Hemisphere. Neighboring countries have used the OAS to exert pressure on Venezuela due to a rise in instability. Additionally, the OAS invoked the Democratic Charter against Venezuela for “stifling opponents, holding political prisoners and ruling by decree.” President Maduro has accused the OAS as being a pawn of Washington in order to undermine the country by establishing alternative regional bodies.

Venezuela is experiencing continued unrest as protests against the government have turned violent and deadly. Nearly 30 people have been killed in the wave of protests.

For more information, please see:

BBC—Venezuela to Withdraw From OAS as Deadly Protests Continue—27 April 2017.

Telesur—Venezuela Formally Begins Process to Exit ‘Interventionist’ OAS—27 April 2017.

New York Times—Venezuela Says It Will Leave Pro-Democracy Organization—26 April 2017.

NPR—Venezuela to Leave OAS, Death Toll Climbs After Dueling Rallies—26 April 2017.

 

Uruguayan Senate Approves Femicide Bill

By Cintia Garcia

Impunity Watch Reporter, South America

Montevideo, Uruguay—The Uruguayan Senate with thirty-one votes has unanimously voted in a favor of a bill that will make femicide a criminal offence. The bill is accompanied with two penal codes that will now be submitted and voted on in the House of Representatives. Furthermore, the senate is also working to approve a project that will target gender violence by modifying the penal code.

Women rejoice as the Uruguayan senate approves femicide bill. (Photo Courtesy of El Observador)

If a femicide is committed, an individual will be sent to prison for thirty years. The bill is a result of the increase of femicides in Uruguay. In February alone, there were five recorded femicides in a 37-day period. The rise in femicides led to large demonstrations in Uruguay. In addition to condemning the killings, demonstrators called for a femicide law that would make the killings a crime. The chairwoman of the Gender Equity and Diversity Commission at the Association of bank Employees stated, “We can’t say violence is over and decree it. We will not end the violence with law. But, we do understand every grain of sand, every decision we can make, and every unit of organization is a step towards a better society.”

The Frente Amplio and the National Party, two of the nations leading political parties that make up 80% of the Uruguayan parliament, called for action. They revisited a bill that was written in and sent to the senate in December of 2015 addressing Femicides—the bill has been dormant ever since. The gender violence bill was also submitted to the senate in April of 2016 with no action. Neighboring nations, Colombia, Ecuador, Bolivia, and Brazil, have all instituted a penal code that criminalizes femicides. In many of these nations, femicides have been considered a crime of passion which is treated in a lesser degree. School teacher, Mary Nunez, stated, “We want femicide to be a specifically enshrined in our law, because in our law, there is only homicide. And homicide, as a word says, comes from man. And we are not men, we are women and men kill us.”

For more information, please see:

El Observador—10 Coasa que Usted Debería Saber Sobre la ley de Femicidio, y Bánquese la Reacción—19 April 2017.

Telesur—In Uruguay, Women Rejoice as Femicide Bill is Approved—19 April 2017.

El Observador—Senado Aprobó por Unanimidad Ley de Femicidios—18 April 2017.

Segundo Enfoque—Senado Uruguayo Aprobó ley de Femicidios—18 April 2017.

Venezuela’s Protests Turn Deadly

By Cintia Garcia

Impunity Watch Reporter, South America

 Caracas, Venezuela—Venezuela has had over three weeks of anti-government protests and it is turning deadly. Last week, a fifth person has died from their injuries sustained at the protests. Among the dead is a thirteen-year old boy who was shot and killed.

Demonstrators in Venezuela have been met with tear gas. (Photo Courtesy of NBC News)

Venezuelan officials have confirmed the death of Miguel Colmenares, 36, who was shot during a protest in the city of Barquisimeto. Mr. Colmenares is the fifth person to die that week. The public prosecutor’s office has announced it will investigate his death. At the same protest in Barquisimeto, thirty-two-year-old protester, Gruseny Calderon, was killed when he was injured by rubber bullets that pierced his lung and liver. Additionally, two college students were shot and killed. One was killed on April 6th and the other on April 11th. Lastly, the thirteen-year-old boy that was killed, was identified as Brayan Principal—he was shot in the abdomen.

In addition to the deaths, Jose Manuel Olivares, an opposition legislator, stated that “police fired tear gas ‘point-blank’ at demonstrators in the state of Vargas.” Olivares continued his statement, “If they think they will scare us that way they are wrong. We will stay in the street!” Because of the use of tear gas, many protesters have prepared themselves with goggles, rags, and gas masks.

Thousands of opposition protesters have poured into the streets of Venezuela. As a result, dozens of protesters have been injured and over 100 have been arrested this past week. The opposition has planned all of the protests with the aim of diluting the power of government security forces. Although most of the protests have occurred in middle class neighborhoods, slums that have historically supported former president Hugo Chavez have held and joined the protests.

Venezuela is currently undergoing a food and medicine shortage, as well as, an unprecedented humanitarian crisis.

For more information, please see:

Al Jazeera—Fifth Person Dies in Protests Against Nicolas Maduro—14 April 2017.

NBC News—Venezuela: 5 Dead as Anti-Government Protests Intensify—14 April 2017.

BBC—Venezuela Protests: Teenage Protester in Barquisimeto killed—13 April 2017.

Telesur—What Everybody Needs to Know About Venezuela Protest Deaths—13 April 2017.