South America

Peruvian President Guilty Of Death Squads Seeks Pardon

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

LIMA, Peru – The family of former Peruvian President Alberto Fujimori has requested a humanitarian pardon from his extended sentence due to health problems.

Peruvian President Alberto Fujimori Seeking Medical Pardon. (Photo Courtesy of CNN)

His family has requested that his four concurrent sentences be commuted due to complications from mouth cancer and resulting lesions that may not have healed properly.

The former President led Peru from 1990-2000 and is credited with the dismantling of the terrorist group the Shining Path as well as reining in destabilizing hyperinflation. His administration is not without blemishes as his authoritative leadership included the operation of death squads that killed citizens and corruption. His third presidential candidacy election was constitutionally challenged and it was only by a large corruption scandal that ex-President Fujimori was finally brought down from power.

After being brought down, Fujimori fled to Japan, who refused to extradite him. Declared “morally unfit to govern” by the Peruvian congress, he returned to Chile in 2005 where he was placed under house arrest and extradited to Peru in 2007.

By 2009, special tribunals had convicted him and found him guilty of multiple human rights scandals and sentenced him for a number of charges. His largest sentence? 25 years for authorizing the operation of death squads that killed or disappeared numerous citizens.

Human Rights Watch has requested that the President of Peru take great care in determining whether or not to grant the medical pardon. While well within the wheel house of political powers weld by the President. The Peruvian Constitution requires that any pardons need to be in accordance with international treaties ratified by Peru. And international law dictates that the duty to investigate and punish perpetrators of human rights abuses cannot be undermined by pardons and immunities. Without extreme care, a pardon even for medical care could come off as contrary to human rights law and the international community.

While the request to pardon the former president is being analyzed by a commission “without any ‘politization’ and impartially” the former Health Minister, Luis Solari has raised concerns. Soalri claims that according to the medical certificates, Fujimori would not even qualify for such a pardon. One can be pardoned if they are at serious and imminent risk of losing life. Solari continues that Fujimori is not at risk of losing his life due to complications and his cancer is not in fact “terminal cancer.”

All in all the decision will come down to current President Ollanta Humala who was elected to the position over opponent and petitioner Keiko Fujimori, daughter of Alberto Fujimori.

 

For further information, please see:

El Comercio – Request For Pardon To Fujimori Is Analyzed With “No Politicization,” Said Justice Minister – 16 October 2012

El Comercio – “Fujimori Medical Certificates Are Not Accurate,” Said Former Minister Solari – 15 October 2012

Human Rights Watch – Peru: Humala Shouldn’t Give Fujimori Special Treatment – 11 October 2012

CNN – Family Seeks Pardon For Former Peruvian Leader – 10 October 2012

Buenos Aires First Legal Abortion

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – The Argentinian Supreme Court issued a ruling late Thursday night which granted an abortion to a women rescued from a prostitution ring.

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Pro-Abortion Activists Rally In Buenos Aires. (Photo Courtesy of Today Online)

Argentina like most South America heavily identifies itself as Roman Catholic and 95% of all abortions that take place in the continent are illegal. Yet in March 2012 the Supreme Court ruled that abortions in the case of rape or pregnancies that threaten the women’s life are legal. Buenos Aires has since drafted regulations in order to implement that ruling, limiting the abortions to within the first 12 weeks of gestation of a rape victim’s pregnancy.

The 32 year old women, whose name has been withheld for security reasons had been kidnapped and forced in sexual slavery. Upon her rescue the women made the decision to go against her faith and the protests of her family and terminate her pregnancy.

However this would not be a private affair as controversy stirred up when anti-abortion activists identified the woman and protested outside her home, and then again at the hospital.

What was supposed to be Buenos Aires first legal abortion under the new abortion regulations turned into a spectacle of legal arguments and demonstrations from both sides of the debate. Scheduled for Tuesday, moments before surgery was supposed to take place the anti-abortion group “Pro-Family” received an injunction from a judge effectively stopping the procedure. The judge claimed that there had been no evidence of rape.

For another three days, the woman was forced to wait in what Amnesty International calls “cruel, inhuman and degrading treatment.” Debates on both sides of the argument stirred as the judge’s decision was appealed to the Supreme Court. Soon after the Supreme Court overturned the lower judge’s decision the trafficked woman was in the hospital despite numerous nurses and doctor’s refusal to take part.

Argentina’s Health Ministry made sure to clarify that abortion was indeed legal in certain circumstances and there would be no punishment for those who carried out the procedure.

Proponents for abortion call this a victory for women’s rights. In 2007 The National Health Research Program and the Ministry of Health of the Nation produced research that showed there were approximately 450,000 to 600,000 illegally performed abortions in Argentina.

The battle in Latin America continues, currently only Cuba has authorized full and legal abortions for its citizens. However, next week Uruguay will continue its legislative action and is expected to legalize elective abortion.

For further information, please see:

Today Online – Rape Victims Struggle To Get Legal Abortions In Argentina – 14 October 2012

La Nacion – They Have 5 Hospitals For Abortion – 13 October 2012

The BBC – Argentinian ‘Sex Slave’ Allowed Abortion After Ruling – 12 October 2012

CNN – Argentine Court Allows Abortions In Rape Cases – 14 March 2012

Pagina 12 – The Figures For Open Debate – 2 June 2007

Chávez Consolidates Power Post-Victory

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

 CARACAS, Venezuela – Hugo Chávez, 58, won his third six-year term as president of Venezuela last week.  Yesterday he swore in a new vice president and replaced six senior Cabinet ministers.  Many of the replaced government officials announced their plans to run in gubernatorial races in states currently controlled by the opposition.

Chávez, surrounded by supporters, celebrates his victory last Sunday over opposition party candidate Capriles. (Photo courtesy venezuelanalysis.com)

It appears Chávez is wasting no time strengthening his party’s influence throughout the nation as part of his strategy to achieve his stated intention of remaining in power until 2031.

The race up to the election last Sunday October 7, 2012, was the tightest Chávez has faced since he first gained power in 1996.  The obvious inequity in campaigning has lead some to declare that the election was “free, but not fair.”  Nevertheless, Chávez won 55 percent of the vote in the election, beating the opposition candidate, Henrique Capriles Radnski, by 11 percentage points.

Chávez’s win may prompt a reexamination of relations between the government and the opposition, which, up until now, have been so polarized that neither side has recognized the other’s legitimacy. During the campaign, Capriles even refused to pledge himself to accept the official results announced by the National Electoral Council.

Signs immediately following the elections indicate that the mutual distrust may be easing.  Keeping a promise he made on election day, Chávez phoned Capriles and for the first time refrained from using derogatory language against his former rival.  More important, Chávez committed himself to “extending a hand” to his opponents and made a call for “national reconciliation,” which would even include business interests of all sizes.

All major opposition leaders firmly resist the use of massive government expenditures to finance ambitious goals.  Up until now, the programs that Chávez claims create the conditions for “socialism” have been financed by windfall oil revenue.  Thus, for instance, expropriations to bolster the nation’s mixed economy are designed to allow state companies to compete with private ones in hopes of controlling inflation, which at over 20 percent is the highest in the continent.  Another costly and ambitious area of investment has been community councils, which receive financing to carry out their own public works projects and to form what the government calls “communes.”  The main opposition parties may be divided with regard to the role of the state, but none of them go along with the type of transformation to which Chávez is committed.

Perhaps the knowledge that he couldn’t move forward with many of his plans with opposition leaders in power is what prompted Chávez to shake up his Cabinet yesterday.

Former Foreign Minister Nicolas Maduro, 49, replaced Elias Jaua as Chávez’s vice president. Maduro, a burly former bus driver, is considered the member of Chávez’s government with the closest ties to Cuba’s Fidel and Raul Castro.

The vice presidential job has assumed new importance because of Chávez’s recent struggle with cancer and rumors have circulated that Maduro is being groomed as his successor.

Jaua will be the ruling United Socialist Party’s candidate for the governorship of Miranda, Venezuela’s second largest state, which is the power base of Capriles.

Among the Cabinet changes was the appointment of General Nestor Reverol as the new minister of the interior and justice, replacing Tareck El Aissami, who will run to be governor of Aragua. Reverol had led Venezuela’s anti-drug body.

Admiral Carmen Melendez is the new head of the Office of the Presidency, replacing Erika Farias, who will seek the governorship of the west-central state of Cojedes.

Chavez also named journalist Ernesto Villegas to run the ministry of communications and public affairs; Aloha Nunez to the head of the ministry of indigenous affairs and Cristobal Francisco to the top post at the environment ministry.

In the swearing-in ceremony aired on state television, Chávez called on his new ministers to continue “the fight to transform the old capitalist and bourgeoisie state … into a socialist state.”

He also called for greater government efficiency.

Years of inadequate maintenance, corruption and perceived incompetence have left Venezuela’s infrastructure in a sorry state.  A blast in the Amuay oil refinery in late August killed 42 people (six are still missing).  Across the country, roads and bridges have collapsed or been washed away by rains, severing main transport arteries.

Citizens complain of crime, unemployment and poor public services.

Over the past year or so, the president has begun to spend his war chest. Calculations are that public spending has expanded by 30% in real terms over the 12 months prior to August.  Some of this has gone on new “grand missions”, as Mr. Chávez calls his social programs, the most important of which promised in 2010 to provide over 350,000 new homes by the end of 2012. That compares with under 600,000 new homes (by official estimates) in the previous 11 years.

Notably, over 3 million people are registered for the new program, providing the government with valuable electoral data.  The government insisted up to the election that an opposition victory would dash the hopes of the homeless, even though Mr. Capriles promised to keep that program going.

Chávez is at a strategy crossroads.  The continuation of far-reaching programs that invigorate the rank and file will meet resistance from opposition leaders who claim they are not sustainable over the long run.  On the other hand, major concessions to the opposition would run the risk of dampening the enthusiasm of his followers.  While the strategies of change and national reconciliation may not be mutually exclusive, it will take considerable political skill to combine the two in ways that overcome the intense political schisms that have divided Venezuela in recent years.

For further information, please see:

The Auburn Plainsman – Venezuela election reminder of how bad it could be – 14 October 2012

iFocus – Venezuela’s Chavez names new cabinet ministers – 14 October 2012

Fox News – Venezuela’s Chavez swears in vice president, 6 other ministers in post-election shake up – 13 October 2012

Reuters – Venezuela’s Chavez shuffles cabinet, then tweets about it – 13 October 2012

venezuelanalysis – Venezuela Reelects Hugo Chavez. What’s Next? – 12 October 2012

The Economist – The autocrat and the ballot box – 29 September 2012

 

‘Week of Indignation’ Nationwide Protests in Colombia

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

BOGOTÁ, Colombia – The ‘week of indignation’ is a movement, organized through social media, of various socially conscious groups to raise government awareness of how the armed conflicts have affected them and demand an active role in the upcoming peace talks.

Flyer promoting the ‘week of indignation’ where groups organized marches and protests throughout Colombia. (Photo Courtesy Estudiantes U de A)

Social organizations of Colombians have publicly supported the peace talks between the government and the Revolutionary Forces of Colombia (FARC) that are set to begin in Olso, Norway next week.  However, some of these groups are not content to sit idly by and allow the government to handle the negotiations; they are demanding their voices be heard.

According to groups such as Marcha Patriotica (Patriotic March), Congreso de los Pueblos, and Coalition of Social Movements and Organizations of Colombia (COMOSOC) the political and economic nature of the dialogues affects them directly and therefore they want a place at the table.

Among the many blogs who have promoted the demonstrations, the students of the University of Antioquia present the reasons to participate in this march and other activities as part of the week of indignation. They point out, among other reasons:

“The gradual deterioration of quality of life and the systematic loss of rights, guarantees and democratic freedoms are fundamental reasons to show our rejection and indignation against neoliberal policies and globalization implemented by imperialism, the Colombian ruling classes and the regime of [President] Juan Manuel Santos.

Outrage for the killing, displacement, threat and intimidation of union, social, indigenous and popular leaders. Also the criminalization of people who think differently and don’t agree with imposed policies.”

The marches and protests started on Monday October 4, 2012, and have affected 25 of Colombia’s 32 departments.

Today marches organized by left-wing movement the Patriotic March and other social sectors will take place simultaneously around the country.  In Bogotá 116 popular organizations will congregate in different parts of the city and intend to converge in the capital city’s central Plaza Bolivar.

“The government has not heard the cry of social organizations … the government has refused these social and popular organizations a presence at the round table … where will civil society be represented?” said Carlos Lozano, spokesperson for the left-wing Patriotic March movement.

Across the internet there are postings by various groups promoting the week of indignation.  Links to several of these postings are provided below.

For further information, please see:

Colombia Reports – Colombia marches for ‘week of indignation’ – 12 October 2012

Global Voices – Colombia to Close ‘Week of Indignation’ With Nationwide Protests – 11 October 2012

Facebook – PROGRAMACION DE LA MOVILIZACION EN CALI ESTE VIERNES 12 DE OCTUBRE; SEMANA DE LA INDIGNACION – Last Updated10 October 2012

Facebook – Operation Colombia – ¿A ti que te indigna? – Last Updated 08 October 2012

YouTube – Semana de la indignacion Cali – 03 October 2012

Estudiantes U. de A. – Cronograma Semana de la Indignación 4-12 Octubre 2012 – 1 October 2012

Brazilian Government Requires All Cars Have Tracking Chips

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BRASÍLIA, Brazil – A new law has been passed in Brazil requiring radio frequency ID tags to be placed in every Brazilian car, new and on the road.

Cars in Brazil to be tracked. (Photo courtesy of Time)

The radio ID tags are to be placed in car windshields and antenna in order to broadcast a variety of information including the “vehicle year or fabrication, make, model, combustible, engine power and license plate number.”

Checkpoints will be placed throughout the country to immediately track all automobiles in the nation, including their entrance and exit from the country. These checkpoints are expected to improve safety in cargo haulers, toll roads and other road based infrastructure. Administrators hope that in the future the chips will be used to  automatically open gates and pay highway tolls.

While citizens are probably appreciative of the security aspects – stolen cars will be able to be tracked to nearby checkpoints and automatically notify police. The fact that the government will be able to place a citizen’s car anywhere in the nation is worrying.  Many consider this to be an unparalleled breach of privacy, and the possibility of misuse is staggering.

Known as the “National System for Automatic Vehicle Identification” (Siniav), this Federal Resolution as administered by the National traffic Department requires that the system will be compulsory for all citizens by the 1st of January 2013. The implementation is scheduled to be completed by June 30, 2014. This required installation will cost all car owners approximately $5 for installation, while all new cars will have them pre-installed.

Officially the Siniav will allow for instant identification and location of fixed or mobile vehicles. This surveillance will be able to track the car throughout the country.

The quick identification of vehicles is worrying to some individuals. While the Brazilian government claims that the system will be confidential and secure, disclosure through a third party system does not alleviate suspicious. Despite the fact that all contractors involved with the program are required to sign confidentiality agreements, many believe it to be an unreasonable invasion of privacy. Some agencies believe that the increased security measures are a justifiable governmental interest and these electronic tracers are reasonable method for tracking automobiles.

The Order of Lawyers of Brazil, believe that knowing the exact location of the vehicle and its owner would be a violation of their constitutional right to privacy and the security of its citizens. All this confidential information must be held securely; and they find that that knowledge about vehicle ownership held by a contractor is contrary to public safety.

 

For further information, please see:

Zero Hora – Vehicles Need To Have Electronic Monitoring Until 2014 – 8 October 2012

BoingBoing – Brazil To Roll Out National Radio-Chip ID/Surveillance/Logging For All Vehicles – 6 October 2012

Brasilia Em Tempo Real – SINIAV Become Operational In January 2013 – 3 October 2012

Diario de Pernambuco – Vehicle Identification System Divides Expert Opinion – 3 October 2012

Segs – Operation of Siniav Will Be From January 2013 – 3 October 2012