By Brendan Bergh
Impunity Watch Reporter, South America 

MONTEVIDEO, Uruguay – The resignation of Uruguay’s Supreme Court Justice Marina Moto sent shockwaves through the country. Not simply due to the Justices’ unparalleled transfer from the criminal sector to the civilian court, but because Judge Moto had been the main driving force behind the investigations of crimes against humanity during the military governments control of the country from 1973-1985.

Human rights defenders and groups throughout Uruguay and Argentina have protested the change, citing Mota as one of the most significant contributors in trials against military and civilians related to war crimes. She had more than 50 open cases under investigation at the time of her transfer.

Her transfer triggered wide spread reaction, Human rights officials organized a joint-protest at Mota’s ascension to the civil judgeship. Some 300 protestors came to show their disapproval for her shift, and of a new controversial Supreme Court ruling that declared unconstitutional a law that prevented the statute of limitations on crimes committed during the military regime. There were clashes at the protest requiring police action to evict some of the unruly protestors.

The court’s ruling which repealed law 18,831 has effectively nullified investigations into military personal accused of human rights violations and granted technical immunity to those accused. The court justified its ruling that abuses committed during the military regime cannot be considered crimes against humanity, because at the time the crimes were committed, there were not considered crimes against humanity within the Latin American country.

The Uruguayan military dictatorship is accused of forcibly disappearing some 200 people. Thousands of others may have been arbitrarily detained and tortured. According to data, Uruguay had one of the highest rates of political prisoners per capita in the world in the 1970s.

Alberto Pérez Pérez, who currently serves as a judge of the Inter-American court of Human Rights has stated that if the Supreme Court ruled 18, 831 unconstitutional, than the country would be in violation of international law.

While Moto claims she has no reason to explain herself, Enrique Rubio a member of the Uruguayan Senate plans to call the justice before parliament to justify her actions. While a Supreme Court Justice has never called a justice before them since the fall of the dictatorship, the parliament lacks a legal means to force a compulsory presence from a Supreme Court Justice. Despite not being able to force a meeting, Rubio has referred to the meeting as an extension of an invitation to explain herself.

For further information, please see:

BBC Mundo – Uruguay: Protests At Supreme Court For Ruling On Human Rights Cases – 25 February 2013

BBC Mundo – How Are Cases Of Abuse Of DD.HH. In Uruguay – 23 February 2013

BBC Mundo – Uruguay: Judge Transfer Sweeping The World Of DD.HH. – 22 February 2013

Pulsa Merica – Uruguay: Human Rights Judge Mota Transferred To Civil Court Duties – 17 February 2013

 

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BRASILIA, Brazil – The allure of the world cup draws near, and Brazil has taken drastic actions to prepare Rio de Janeiro before crowds and crowds of people descend upon the city. After the relative success of past military incursions into the favelas, or to put it more aptly, slums of Rio, police, tanks and military units stormed multiple favelas over the past months in order to reestablish control over the population.

Previously drug backed gangs took control of the slums and the people languished in poverty without access to many basic necessities. Since the military occupation, spokesmen claim that the pacification has benefited over 400,000 impoverished people, with another 1.1 million people left that could still benefit. The overall plan is to provide social services and improve the quality of care of those at risk while quashing any illegal activity that could harm their reputation when FIFA and the Olympic Committee arrive to assess the suitability of Brazils shinning gem that is Rio de Janeiro.

The operation which began in earnest back in January, represents a massive shift to clean up the slums. Early last week, a Brazilian Police force supported by military tanks and helicopters stormed gang occupied slums near Rio’s international airport. Fortunately most of the pacification incursions have gone without a hitch. The police have taken to celebrate their victories by raising the Rio’s and Brazil’s flags on the roofs of buildings, symbolizing the end of the drug traffickers dominion over the impoverished parts of the city.

Critics of the operation state that while the pacification program is effective, the favelas targeted are not the poorest areas, and are simply focused on areas that would be popular during the World Cup and the Olympic Games. Civilians living within the favelas have had different reactions to the pacification. Some note that while there is less major crime, petty crime has increases as they no longer fear retaliation from local crime bosses.

After the pacification of the controlling gangs, staff from Rio’s municipal authority could start entering the areas safely without fear, and begun implementation of new social services, such as schools, healthcare centers and trash collection. Eduara La Rocque, president of the Instituto Pereira Passos has noted that there are over 150 new schools within the favelas as well as formalizing the area into the confines of Rio’s boundaries and maps. Ms. Law Rocque has hoped to implement many new training courses so the previously disenfranchised can acquire legitimate work experience in the future.

However because of the lack of resistance from drug traffickers many believe that the gangs have simply been relocating to other favelas, or to towns outside Rio, effectively just spreading out the problem.

For further information, please see:

Publico – Brazilian Police Occupy Slums 13 – 3 March 2013

Voice of Russia – Brazil: Police Occupied The Favelas In Rio De Janeiro – 3 March 2013

Terra – Police Ranks Near The Slums Of Rio De Janeiro Airport – 3 March 2013

BBC – Rio’s Shanty Towns Spread Their Wings – 8 February 2013

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