By Pearl Rimon
Impunity Watch Reporter, South America

SUCRE, Bolivia – An agreement reached between the district attorney of Tarapacá, Chile and the defense for the Bolivian soldiers arrested in Chile earlier this month, allows for the soldiers to return to Bolivia after more than a month of being detained in Chile. The soldiers were accused of illegal entry into Chile armed with weapons, which has strained the already tense relations between the countries.

The soldiers are José Luis Fernández Choque (18), Augusto Cárdenas (19), and Alex Choque Quispe (20). The soldiers were arrested on January 25, as they chased suspected car smugglers. The Chilean Court changed their ruling of holding the soldiers in custody until their trial dates to allowing Cárdenas and Choque’s release on bail and Fernández’s release to house arrest. Fernández was the only one charged with possession of weapons.

The deal between the two sides allows for the soldiers to return to Bolivia on the condition that they do no return to Chile for a year, in exchange, prosecutors will drop the charges against the soldiers.

“What progress has been made is exactly what the soldiers requested publically in the sense that there is equal treatment for all,” said Celedón, a lawyer for the soldiers.

After the new agreement was made public, the district attorney for the Tarapacá Region, Manuel Guerra, explained why it had not been reached earlier.

The reasoning behind the long negotiations is explained by district attorney Manuel Guerra,“It was important to verify that the soldiers consent to the terms…They are the ones who have to say if they accept or don’t accept the deal offered by the [prosecution.] We don’t want to generate situations which can hinder the possibility of agreement.”

Bolivian President, Evo Morales, demands that the Chilean military should issue an apology for the detainment. While Chilean Foreign Minister, Alfredo Moreno, urged for the Bolivian military to instruct the soldiers to refrain from illegally crossing the border.

The agreement was made public a day after the Chilean Senate announced that a commission of senators were to travel to Bolivia in an attempt to improve relations.

Relations between Chile and Bolivia have historically been strained due to Bolivia trying to reclaim the Pacific coastline territory that it lost to Chile during the 1879-1884 war. President Morales wrote to Chilean President Pinera and accused him of wanting to keep Bolivia “geographically amputated, economically weak and socially dependent” by “blocking our legitimate right to access to the sea.”

 

For more information, please see:

BBC News — Bolivian Soldiers Held in Chile Return Home – 01 March 13

Prensa Latina — Bolivian President Praises Liberation of Soldiers – 01 March 13

Santiago Times — Bolivian Soldiers Held in Chile to Return Home After Tense Stay – 28 Feb 13

Global Post — Bolivia-Chile Tensions Rise Over Border Incident – 25 Feb 13

By Pearl Rimon
Impunity Watch Reporter, South America

CARACAS, Venezuela – Human rights officials from the United Nations are asking for the government of Venezuela to free Judge Maria Lourdes Afiuni, who is currently on house arrest. Afiuni has been charged with corruption, abuse of authority and aiding an inmate’s escape. U.N. officials are also asking for Afiuni to be offered adequate compensation and to investigate her accusations of acts of violence against her.

Margaret Sekaggya, the U.N’s Special Rapporteur on the situation of human rights defenders and other U.N. officials in an appeal to reverse Afiuni’s conviction. “Judge Afiuni’s situation represents an emblematic case of reprisal,” Sekaggya said in a statement issued by the United Nations.

In 2009, Afiuni infuriated Chavez in 2009 by freeing a banker, Eligio Cedeño,from prison as he waited trial after being accused on charges of flouting currency exchange controls. She says that he was being held in prison awaiting trial longer than law generally permitted.

“Reprisals against a judge for enforcing an opinion of the UN Working Group on Arbitrary Detention and withholding her waiting for a process for more than three years is like opening the door to further abuses and has a widespread intimidating effect,” independent expert and current chair of the UN body, El Hadji Malick Sow, stressed.

President Hugo Chavez said on national television that Afiuni should face the maximum sentence of 30 years in prison.

Aifuni accused state authorities of rape and other grave acts of sexual violence while in the infirmary of a women’s prison in 2010. These allegations went public in November when a book by Francisco Olivares was published that detailed her arrest and detention. She claims that she got pregnant from the crime. “After that episode was when I got sick and they removed my uterus,” Afiuni is quoted as saying in the book.

“It is unacceptable that Venezuelan authorities are not acting with due diligence to investigate the acts perpetrated against Judge Afiuni in an immediate and impartial manner, and severely punish those responsible,” said Special Rapporteur on violence against women, Rashida Manjoo.

Aifuni is currently on house arrest due to medical problems following the abortion she had from the prison rape. In December, her lawyer requested for her to be freed, but this was denied by the government the following month.

U.N. Special Rapporteurs are appointed by the Human Rights Council to examine and report on a country situation or a human rights theme.

 

For more information, please see:

Nuestra Tele Noticias — Hermano de María Lourdes Afiuni denuncia “traslado relámpago” de tribunal de la jueza venezolana –20 Feb 2013

Ghana New-Spy Ghana — UN Ask Venezuela To Release Judge María Lourdes Afiuni. – 15 Feb 2013

El Universal — UN: Having Afiuni imprisoned is like opening the door to further abuses –14 Feb 2013

Huffington Post — UN Human Rights Officials Urge Venezuela To Free Judge Maria Lourdes Afiuni – 14 Feb 2013

 

By Pearl Rimon
Impunity Watch Reporter, South America

SANTIAGO, Chile — Recently declassified documents revealed that the late Chilean military leader, Augusto Pinochet, wanted to stay in power despite losing a referendum in 1988. Pinochet died in 2006, before he could be brought to trial for numerous charges for corruption and various human rights abuses.

The documents reveal that Pincohet urged his closest military allies in his attempt to overthrow the results. Pinochet’s allies refused and he was forced out of office. His plan was to use military force to seize the country’s capital, Santiago.

In 1990, citizens elected a civilian government to replace Pinochet. The documents released from the U.S. National Security Archive reveal that Pinochet said he would do “Whatever was necessary to stay in power.” He confided in his advisers, “I’m not leaving, no matter what.” U.S. officials warned Chilean leaders against violence if Pinochet used force to stay in office.

The declassified papers reveal that Pinochet was angered after the October 5^th 1988 referendum and attempted to overturn the results by summoning members of the military government.  Air Force commander, Fernando Matthei rejected Pinochet’s plans for throwing out the results, and other generals followed suit. A CIA informant present at the meetings said, “Pinochet was prepared on the night of 5 Oct to overthrow the results of the plebiscite,” this information is located in a report by the State Department titled: “Chilean junta meeting the night of the plebiscite.”

The papers also reveal that the anti-Pinochet referendum campaign was supported by the U.S. government despite its early support of the military government due to its overthrow of former president Salvador Allende.

The country voted for a civilian government in 1989, and in 1990, Patricio Aylwin became the country’s first democratic president.The former military government of Chile is estimated to have killed more than 3,000 people between 1973 and 1990.

Pinochet died while under house arrest. The country is divided on how to view Pinochet’s regime, to some he is seen as a violator of human rights due to outlawing political parties, forcing thousands into exile, and having a brutal police force. Pinochet’s loyalist see him in a positive light due to Chile’s growth in economic prosperity.

The newly declassified papers were released at the same time as the movie “No”,  centering on the campaign that caused Pinochet’s downfall. The film was nominated in Sunday’s Academy Awards for Best Foreign Film.

For more information, please see:

Global Post — US pressed Pinochet to accept defeat: documents – 24 Feb 2013

South China Morning Post —

Declassified papers show Pinochet tried to ‘cling on to power’ in 1988 – 24 Feb 2013

 BBC News — Chile’s Gen Pinochet ‘tried to cling to power’ in 1988 – 23 Feb 2013

Times Standard — Report: Chile’s Pinochet wanted anti-vote violence – 23 Feb 2013

 

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

PORT-AU-PRINCE, Haiti – Jean-Claude Duvalier, Haiti’s former dictator known as “Baby Doc” return to Haiti was not the homecoming he might have expected. Fleeing the country in 1986 fearing political upheaval and pressure from the United States the ex-president returned to Haiti in early 2011 after a 25 year exile. Upon his return a Haitian court has levied charges of embezzlement; however human rights groups have demanded that he not be excused for his regimes human rights abuses.

Duvalier took the office of “President for Life” at age 19 after his father, Francois “Papa Doc” Duvalier in 1971. Baby Doc ruled Haiti with his brutal militia in order to maintain control of the country.

Some people speculate that Duvalier’s return may have been for legal impunity. While a January 2012 Haitian court declared that Mr. Duvalier would have to stand trial on the count of embezzling public funds, the court also declared that the statute of limitations had run out on the charges of murder, torture and forced disappearances.

While the statute of limitations may have run out for murder according to Haitian courts, Amnesty International and Navi Pillary, the High Commissioner of the United Nations for Human Rights was quick to point out that there is no limitation for international crimes such as torture, extrajudicial executions, and violations under international law. Pillary continued that Haitian authorities must not allow crimes and abuses from the regime go unpunished, as crimes done in an official capacity do not bar a sovereign from claiming immunity from the civil or criminal jurisdictions of foreign states.

Ex-President Duvalier was supposed to stand before a Court of Appeals judge earlier this month to see if he would stand trial for human rights abuses. The ex-President already missed a January 31^st and February 7^th hearing date which would have decided whether or not he would face a Haitian court for human rights abuses for crimes committed under his regime.

The exiled leaders’ refusal to attend a hearing where he might be charged with crimes against humanity has been seen as an affront to his victims and their families. There have been suggestions from Haitian human rights groups that he be seized and stripped of his diplomatic passport so he would meet his next court date and not flee the country. So far the former president has not been penalized for his blatant skirting of the law and its procedures.

For more information, please see:

ABC – Haiti’s ‘Baby Doc’ Summoned To Court After No-Show – 21 February 2013

BBC – Haiti’s ‘Baby Doc’ Duvalier Avoids Appearing In Court – 21 February 2013

El Confidencial – Jean Claude Duvalier Also Appeared In Court This Time Haiti – 21 February 2013

Noticias Sin – Duvalier Haitian Court Orders Be Carried Hearing Next Week – 21 February 2013

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

SANTIAGO, Chile – Chile made important steps in the fight against moral indecency this week with a series of arrests against child pornographers. The Investigations Police of Chile (PDI) arrested an interim official of the Superintendent of Education in the distract of Los Lagos for the crime of possession and distribution of child pornography. The investigation began last July after an anonymous tip on a YouTube video brought it to investigators attention.

Using a pseudonym, the official used websites to contact children between the ages of 6 and 14 in order to participate in sexual services for monetary compensation. The investigation led the commissioner of the Computer Crimes Squad of the PDI to vimeo.com which the accused maintained under the same pseudonym. Investigators searched through the sites history and identified at least 27 instances of explicit child pornography.

While the now former Superintendent has been arrested, and indicated that he would like to remain in custody – fearing community retribution – there is indication that he has been released on bail, subject to nightly check ins. Records indicate that when he was arrested at his home, police took from his hard-drives, CDs and DVDs more than 470 saved videos and about 160,000 images of child pornography. These materials will be used as evidence at his upcoming hearing where his charges will be formalized as distribution of child pornography in which he is expected to receive a 38 year sentence. Some of the photographs were of subjects under nine years old.

Along with the Superintendents arrest, the Cybercrime Brigade of the PDI arrested another man in Puente Alto for the storage and distribution of child pornography. Records indicate that that he lured two fifteen year old neighbors into his home under the guise of the use of his pool and gifts. He then forced them into a state of undress using death threats against them and their families. He was on parole for a 2010 charge of sexual abuse of a 14 year old. This event took place during a church retreat where the individual was serving as a catechist.

This is just the latest in Chile’s crackdown on predatory abuse of child exploitation rings. After President Sebasitan Pinera promised the creation of database and registry for child pornographers the PDI busted a large child prostitution ring in Santiago which lead to the arrest of numerous high-profile clients. Pinera has indicated that reports of child sex abuse increased 20 percent last year to 21,176.

For more information, please see:

Terra – Cybercrime Brigade Of PDI Subject Arrested Accused Of Producing Child Pornography – 21 February 2013

La Nacion – He Threatened Two Neighbors Of 15 Years And Forced Them To Produce Child Pornography – 21 February 2013

Terra – PDI Arrested Charged With Producing Child Pornography – 21 February 2013

Cronical Libre – PDI Public Official Arrested By Storing 455 videos And More Than 175,000 Child Pornography Photos – 21 February 2013

The Jakarta Post – Chile Announces Measures To Fight Child Sex Abuse – 19 July 2012