by Emilee Gaebler
Impunity Watch Reporter, South America

QUITO, Ecuador – Ecuador’s National Court of Justice, the highest court in the nation, has upheld a ruling in a libel case that restricts the freedom of the press.  On Wednesday, the court sentenced three people from the newspaper El Universo to pay a fine of $40 million to Ecuador’s president, Rafael Correa. 

Emilio Palacio, an editor and the writer of the article in question, was fined $30 million.  The owners of the newspaper, Cesar Perez and Nicolas Perez, were fined $10 million.  All three of the men were additionally sentenced to three years imprisonment.

Correa instigated a libel suit against the newspaper El Universo in March of 2011 for an article they printed about him.  In the article, it was insinuated that the Correa had authorized soldiers to shoot on a hospital with innocent civilians inside. 

The article was printed following a police strike in September of 2011.  The police were revolting against a new austerity law that reduced their bonus pay and Correa pushed into the crowd to personally address some of the officers leading the rebellion.  

Media reports from the time state that Correa confronted them by opening his shirt and stating, “If you want to kill the president, here he is.  Kill him, if you want to.  Kill him, if you are brave enough.”  After this, as Correa’s guards escorted him from the area, he was attacked with tear gas and shoved by the protestors.

Correa was taken to a nearby hospital from which he declared a state of emergency.  Rebellious police protestors surrounded the hospital and Correa was trapped inside of it for the next 12 hours.  He was eventually rescued by the military in an operation that left two dead and dozens injured from gunshots.

The article, printed by El Universo, and written by Palacio, called Correa a dictator and referenced the strike as an attempted coup.  It also stated that the President had ordered the military to fire on the hospital regardless of the innocent civilians that would be injured by such a move.  The article stated: 

 “In the future, a new president, maybe an enemy of yours, may bring you to a criminal court for ordering to open fire at discretion and without warning against a hospital full of civilians and innocent people. Do not forget, there is no statute of limitation for crimes against humanity.”

The libel suit was brought as a criminal and not a civil charge.  The trial court found the article to be libelous and imposed the three year imprisonment and $40 million fine from which El Universo appealed.  The decision handed down yesterday to uphold the sentence was final.  Ecuador’s highest court termed any appeal from their decision as “out of order.”

Amnesty International’s Deputy America’s Director, Guadalupe Marengo, says that this case has raised a number of concerns, “this harsh sentence is an attack on the right to free speech for everyone in Ecuador, and will discourage journalists from engaging in legitimate criticism of the government.”

“Libel cases should be dealt with in civil trials and should not involve jail terms. Peaceful criticism of government policies must never be the subject of criminal proceedings, as regional and international human rights bodies have unequivocally stated.”

El Universo and Palacio have made it clear that they will not accept this ruling as they claim they were restricted from making a proper defense and the judge’s selection was manipulated by Correa.

 “Of course this sets a precedent: For the first time in the history of Latin America, and I suppose, the world, a president wins $40 million for his pocket by manipulating justice, naming the judges he desired, and using his influence,” was Palacio’s statement.

The defense will now take the case to an international level, going first to the Interamerican Human Rights Commission and then the Interamerican Human Rights Court.  In the current political climate of Ecuador this is likely the best option, especially with the recent rising concerns over the increased restrictions of the press.

As reported by Aljazeera, shortly after his election in 2007, Correa re-wrote Ecuador’s constitution to lengthen the presidential term and to allow greater government control of the media.  This allowed for the government to take command of a variety of media outlets including TV stations and radio stations.  Fundamedios, an Ecuadorian free media advocacy group, estimates that there have so far been 400 violations of freedom of the press during Correa’s presidency. 

Prior to the court’s announcement, Correa made it clear that he viewed the case as one in which the “corrupt private press” was going to be held accountable for their actions.  Following the decision he announced that, “the truth has shined…We have set a precedent. This sentence and this process are historic. They demonstrate that nobody has the right to tarnish the truth.”

For more information, please see;
BBC – Ecuador Court Uphold $40M Rafael Correa Victory – 16 February 2012
Chicago Tribune – Ecuador Top Court Upholds Libel Ruling Against Newspaper – 16 February 2012
CNN – Ecuador High Court Upholds $40 Million Libel Suit – 16 February 2012
France 24 – Libel Case Brings “Ridicule” on Ecuador Says Lawyer – 16 Febraury 2012
The West Australian – Ecuador Leader Wins Libel Suit Against Newspaper – 16 February 2012
Aljazeera – President v. the Media in Ecuador – 1 December 2012
Refworld- Ecuador Court Sentences Journalists to Prison in Presidential Libel Case – 22 July 2011
The Suffolk Journal – Police Uprising in Ecuador Causes Chaos – 20 October 2011

by Emilee Gaebler
Impunity Watch Reporter, South America 

BRASÍLIA, Brazil – A twenty-story building’s collapse in Rio de Janeiro has sparked intense scrutiny of the state of the construction industry in the country set to host two mega sporting events on the world stage over the next few years.

Seventeen people in total were killed in the building’s collapse and three are still missing, as reported by the Washington Post.  The building collapsed at night, around 8:30 pm, which helped to minimize the casualties and injuries.  As the building collapsed it also pulled down two neighboring smaller structures.  The buildings were located in the historic theater district of Rio.

Officials are citing illegal construction as the most plausible explanation, although investigations are still underway.  It is alleged that two illegal construction projects were underway on the 16^th floor of the building.  Luiz Cosenza, a worker in the building, claims to have been employed on one of those illegal jobs.

Cosenza states that the project was not registered with the building council and that there was no authorized and licensed professional overseeing the work.  He declined to provide further information on what type of work was being done illegally.

The current upswing in construction in Rio has steadily continued as the city prepares to host the 2014 World Cup and 2016 Olympics.  FIFA officials have expressed concerns that the city’s infrastructure is not prepared to handle hosting these two events.

Those who are critical of Rio’s ability as host city note the pressing need to restructure industry standards.  The high demand for new buildings, in the downtown area, has led to lax standards and often sub-standard construction.

“Some firms will have the budget to do everything to a good standard employing Rio’s top professionals, but all too often these are secondary considerations for those looking to do things fast or cheaply,” said Gordon Lewis, a commercial developer in Brazil, to the Rio Times.

A call for more stringent monitoring has been spurred on by the recent tragic collapse.  Officials are in the process of enacting a mandatory periodic review of all buildings.  The review will need to be conducted by a professional who will assess and ensure the structural integrity of the building.

Historically, Brazil has struggled with maintaining a strong infrastructure in construction.  Not only are new buildings going up without the proper safety mechanisms but historic buildings are also structurally unsafe due to disrepair.

As well, the strict civil codes require such exacting compliance that it is impossible for any builder to meet them.  This has led to the general practice of those codes being disregarded and no enforcement of them by municipal authorities.

For more information, please see;

The Washington Post – Building Collapse, Rash of Freak Accidents Raise Questions About Rio’s World Cup Readiness – 1 February 2012

The Rio Times – Rio Responds to Building Collapses – 31 January 2012

BBC – Six Dead After Rio de Janeiro Building Collapses – 27 January 2012

CBS – Brazil: 3 Killed as Building Collapses in Rio – 26 January 2012

by Emilee Gaebler
Impunity Watch Reporter, South America

QUITO, Ecuador – Recent revelations have exposed the reality of homosexuality rehabilitation centers throughout Ecuador.  Past patients of various clinics are coming forward and exposing the torture and abuse they endured in attempts to be “cured” of their homosexuality.

Paola Concha, a 28-year-old woman was placed in one of these clinics by her family back in December of 2006.  Her family, who were not in support of her sexuality, had contacted a clinic called Puente a la Vida (Bridge to Life) that was promising to cure Concha of her homosexuality.

Concha was accosted at her house by workers from the clinic.  She was handcuffed, beaten and forcibly taken to the clinic which is located on the outskirts of Quito.  Over her three month stay at the clinic Concha was sytematically tortured in an attempt to “rehabilitate” her.

“I was kept in handcuffs for more than three months. I would be left without food for more than three or four days. They would handcuff me in a bathroom to a toilet bowl facing a toilet that was used by 60 people at the center,” said Concha.

Patients at other clinics have released stories similar to Concha’s.  Paula Zirritt said that she was held at a clinic in sexual reorientation clinic in Guayaqui for two years.  Zirrit remembers being kept in cuffs and that the guards would throw urine and ice water on her.  Others have stated they endured both sexual and physical abuse at these clinics.

CNN reports that they visited the Puente a la Vida clinic recently, in December.  A director at the clinic denied that they were attempting to change the sexual orientation of patients.  He maintained the clinic’s goal was to “modify inadequate behaviors that are causing a particular individual to take inadequate attitudes.”      

Ecuador’s health ministry officials are taking steps to address the situation.  The government has released statements that they will actively investigate and shut down all clinics attempting to change individual’s sexual preferences.  The difficulty lies in the fact that many of these clinics are hiding themselves as alcohol and drug rehabilitation centers. 

This assertive campaign by the government follows a petition that garnered over 100,000 signatures around the world.  The petition was set up on the website change.org and called for Ecuador’s Minister of Health to take action against these clinics.  Since September of this year, roughly 30 of these “torture” clinics have been shut down.

Earlier this week a new Health Minister was appointed by President Rafael Correa.  Carina Vance Mafla is the new minister.  She is the former executive director for the gay rights group, Fundación Causana and an active gay rights activist. 

For more information, please see;

The Washington Post – Ecuador’s Government to Crack Down on Clinics Found Using Coercion to “Cure” Homosexuals – 26 January 2012

CNN – Ecuadorian Clinics Allegedly Use Abuse to Cure Homosexuality – 25 January 2012

MSNBC – Rights Groups Hail Ecuador’s Crackdown on Lesbian “Torture Clinics” – 25 January 2012

Change.org – Victory!  Ecuador Ministry of Health Investigates and Closes Ex-Gay Torture Clinics – 23 January 2012

Box Turtle Bulletin – Ecuador Closes 30 Ex-Gay Clinics – 12 September 2011