South America

Paroled American Denied Leave For The Holidays

By Paula Buzzi
Impunity Watch Reporter, South America

LIMA, Peru — Lori Berenson, a U.S. political activist jailed in Peru since 1995 for terrorism, and her 31-month toddler were denied from boarding a flight back to her New York home on Friday despite showing immigration authorities a court order approving the leave. The Peruvian court authorized her leave for the holidays on Thursday conditioned upon her return on January 11.

Lori Berenson blocked at Peru airport. (Photo Courtesy of The Washington Post).

Berenson, a former MIT student, was arrested in 1995 at age 25 on a terrorism conviction after authorities raided her home and found over a dozen members of the Tupac Amaru group inside. The government believes that the rebel group was preparing an attack on Congress and that Berenson was aiding in the planning and providing them a safe house. Authorities also found around 8,000 rounds of ammunition and  3,000 sticks of dynamite inside the home.

Berenson was initially sentenced to life in prison by a military judge, but her sentence was later reduced to 20 years in prison in civil court with pressure from the U.S government. Berenson denied having any knowledge about the rebel group’s violent plans during her trial but has recently acknowledged and regretted to have aided the rebels.

After serving more than 15 years in prison, Berenson has been out on parole and was granted permission by a Peruvian judge to visit her family in New York City for the holidays. Berenson claims that she was turned away by immigration authorities upon arriving at the airport because she was “missing a document” but that she was sure she had all the documents required for travel.

Berenson’s lawyer is her ex-husband and a former member of the rebel group, Anibal Apari Sanchez. Sanchez believes the government abused its authority and made a political decision to stop her from leaving the country. “Administratively, you can’t block a court order,” he said.

An anonymous U.S. State Department official stated that there were some paperwork issues that were being worked through but that he could not comment any further on the situation because of its sensitivity.

Guillermo Gonzales, A Judiciary Department spokesman denies blocking the court order. “We don’t have anything to do with it,” he said. “As far as the judiciary is concerned, she was allowed to leave the country.” Neither the Interior Ministry nor any senior government official could give an explanation.

Sanchez told Reuters he is going to see what other measures he can take in the coming days to make sure Berenson will be home in New York for the holidays.

For further information, please see:

Reuters – Peru Delays Former Prisoner Berenson’s Return to U.S – 18 December 2011

The Washington Post – State Attorney Alleges Judicial Misconduct in Granting Berenson Permission to Holiday in NY – 18 December 2011

CNN – Paroled American Activist Stopped From Leaving Peru, Her Lawyer Says – 17 December 2011

The New York Times – American Who Was Jailed in Peru Is Blocked at Airport – 17 December 2011

 

 

Labor Minister Carlos Lupi Resigns Amid Corruption Scandal

By Paula Buzzi
Impunity Watch Reporter, South America

SANTIAGO, Chile — Labor minister Carlos Lupi resigned on Sunday after being accused of corruption by news agency Agencia Brasil. The news agency accused him of misusing public funds and supporting certain NGOs over others. Lupi is the seventh minister to resign since President Rousseff took office in January.

Brazil's Labor Minister steps down. (Photo Courtesy of BBC News).

Suspicions surrounding Lupi’s work ethics first arose in November after Brazilian news magazine Veja reported that Lupi and some of his aids were receiving kickbacks from NGOs in exchange for government funding. Additionally, Folha de Sao Paulo newspaper also reported allegations that Lupi was receiving dual government salary for six years as a federal congressional employee and state legislature of Rio de Janeiro at the same time; a violation of Brazilian law.

Lupi has denied the accusations and is confident that the truth will come out. In a statement on the labor ministry’s web site, Lupi wrote “In the face of political and personal persecution in the media that I have been suffering for two months without the right of defense and without proof, and taking into consideration the report of the Ethics Commission of the Presidency — which has also condemned me in a summary fashion based on these same media reports without giving me a right to defend myself — I’ve decided to irrevocably resign my position.” He has not yet been charged with a crime.

Lupi will be replaced by the ministry’s executive secretary, Paulo Roberto dos Santos Pinto starting on Monday.

President Rousseff has publicly thanked Lupi for all his work in her government and that she expects him to “continue contributing to the country.” She has lost six ministers to scandals this year alone which has weakened her relationship with coalition parties in congress.

Opposition groups have suggested that the scandals and resignations surrounding President Rousseffs government show that her government is tainted by corruption. President Rousseff, however rebuts those claims, stating that there has always been corruption in Brazilian governments– the only difference now is that the scandals are being made public and investigated appropriately.

 

For further information, please see:

BBC News – Brazil Labour Minister Carlos Lupi is Latest to Resign – 04 December 2011

CNN – Brazil’s Labor Minister Quits AmidAllegations of Corruption – 04 December 2011

Reuters – Brazilian Labor Minister Quits Amid Scandal – 05 December 2011

MercoPress – Countdown for Brazil’s Labour Minister: Sixth Cabinet Loss on Corruption Allegations – 01 December 2011

Chile Seeks Extradition of Former U.S. Captain for Involvement in Unsolved Murders

by Emilee Gaebler
Impunity Watch Reporter, South America 

SANTIAGO, Chile ­– Chilean judge, Jorge Zepeda has issued an indictment of former US Captain Raymond E. Davis.  The indictment calls for the extradition of Davis to be tried by a Chilean court for his involvement in the murders of two American citizens.

A poster from the movie "Missing" in 1982 which was based on the murder of Horman. (Photo courtesy of Movie Poster)

In 1973, when the murder s of journalist Charles Horman and student Frank Teruggi occurred, Davis was the lead commander of the United States Military Group in Chile.  Both men were murdered in the aftermath of the military coup led by Augusto Pinochet that led to the assassination of socialist President Salvador Allende.

Horman and Teruggi were both supporters of the American Information Source (FIN) which was a left wing group that supported President Allende in the years before the coup.  Horman disappeared on 17 September 1973 and his body was found more than a month later.  He had been shot multiple times and his body showed signs of torture.

Teruggi was taken from his home in Santiago days after the coup and detained at the National Stadium, what Pinochet used as a detention center after his coup.  He was murdered on the 21 or 22 of September 1973 and his body was found in the streets of Santiago.

The media coverage of the two murders seemed to culminate in the award-winning movie “Missing” in 1982.  The film promoted Joyce Horman’s allegations that her husband Charles had been murdered due to his inadvertent knowledge of the CIA involvement in the coup. 

The film led to a libel lawsuit, brought by a number of government officials outraged at the way in which they were portrayed in the film.  The libel lawsuit was eventually dismissed but no answers to the homicides ever emerged.

 Then, in 2000, Joyce Horman filed a criminal suit to revive the case.  In 2001 the Chilean court asked for testimony from former US Secretary of State Henry Kissinger about the role of US intelligence in the case.   Judge Zepeda has made use of many declassified US documents in finally bringing about justice in this case.

In his request for extradition, Zepeda describes Davis as being in a position of authority which would have allowed him to stop the murders from occurring but that he chose not to do so due to his coordination efforts with the Chilean army to place Pinochet in power. 

 Captain Davis has denied any knowledge or role in the murders throughout the years.  In an article just released by the Washington Post, his wife Patricia states that Davis is in a nursing home and suffering from advanced Alzheimer’s disease.

The US Embassy in Santiago released a statement that noted they would not comment on specific cases but that the US government supports through investigations into the murders so that those responsible are brought to justice.

 

For more information, please see:

Merco Press – Chile Requests Extradition of Former US Army Officer Allegedly Involved in the 1973 Killing of two US Citizens – 1 December 2011

The Washington Post National – Wife of Former US Navy Captain Sought for Extradition to Chile Says he has Alzheimer’s – 1 December 2011

The Santiago Times – Chilean Judge Indicts Former US Officer Over Coup Killings – 30 November 2011

BBC News – Chile Seeks Ray Davis Extradition Over 1973 Coup Murder – 29 November 2011

CNN International – Chilean Judge Indicts US Military Official in 1973 Killings – 29 November 2011

USA Today – Chilean Judge Charges Ex-US Military Officer – 28 November 2011

Van der Sloot , Accused of Flores Murder and Suspected in Holloway Disappearance, Suing Chilean Government for $10 Million

by Emilee Gaebler
Impunity Watch Reporter, South America

LIMA, Peru – Joran Van der Sloot, the Dutch citizen accused of murdering Peruvian student, Stephany Flores, has brought a suit demanding US $10 million in damages from the Chilean government.  Van der Sloot claims that his human rights were violated in extraditing him from Chile to Peru.  He has filed his claim with the Inter-American Commission on Human Rights.

Van der Sloot in the custody of Peruvian police June 2010. (Photo Courtesy of NY Daily News)

In the petition Van der Sloot names the Chilean government, the former Peruvian President Alan García, former Peruvian Minister of the Interior Octavio Salazar, the Chilean police generals Miguel Hidalgo and Cesar Guardia and even the father of his victim, Ricardo Flores.

The claims made by Van der Sloot are varied.  First he claims that then-Peruvian President García used pressure to force the Chilean government to extradite him to Peru in May of 2010.  Next, is his contention that when he was taken into custody, Chilean police refused to allow him access to a phone or any other form of communication to speak with his family.   Van der Sloot also says he was denied the right to legal counsel and a fair trial.

This is not the first complaint that Van der Sloot has made about violations of his rights.  A previous suit was filed alleging that Peruvian officials did not have a warrant for his arrest and that he was denied a translator which lead to his confusion during initial questioning.  Peruvian courts dismissed this claim.

Van der Sloot’s current complaint was filed just days after a judge’s ruling that he would stand trial for the murder of Stephany Flores beginning on 6 January.  On 30 May 2010, Flores’ body was found in Van der Sloot’s hotel room in the Miraflores neighborhood of Lima.  Hotel employees witnessed Van der Sloot and Flores entering the room together and then 4 hours later Van der Sloot left the room alone.

On 3 June 2010 he was picked up by Chilean police as he tried to flee from Santiago.  Initially, he confessed to murdering Flores, but later retracted his statements

“The girl intruded into my private life. … We argued, and she tried to escape. I grabbed her by the neck, and I hit her,” was Van der Sloot’s alleged statement to police. 

Police believe, from his statements at the time, that he killed Flores in a fit of anger as she used his laptop to find out about his role in the Natalee Holloway case.  Van der Sloot is widely believed to have murdered 18 year old Holloway.  She disappeared in 2005 from Aruba and he remains the lead suspect; however he has never been indicted due to a lack of evidence.

Peruvian prosecutors are going for a 30 year life sentence for the combined murder and robbery of Flores.  They are also seeking a restitution payment that would go to her family.  Originally, the death sentence was sought by the Flores family against Van der Sloot.

 

For more information, please see;

Radio Netherlands – Van der Sloot Sues Chile for 10m Dollars – 30 November 2011

NY Daily News – Joran Van der Sloot Sues Lima Murder Victim’s Dad, ex-Peruvian President – 29 November 2011

The Huffington Post – Joran Van der Sloot  Names Former President and Stephany Flores Father in $10 Million Lawsuit – 28 November 2011

Peru This Week – Van der Sloot Names Former President García in $10 Million Suit – 28 November 2011

The Santiago Times – Dutch Murder Suspect to Sue Chilean State – 28 November 2011

Anti-Pinochet Protest Leaves Seven Injured and Nine Arrested

By Paula Buzzi
Impunity Watch Reporter, South America

SANTIAGO, Chile — An event in an upscale neighborhood honoring former military officer Miguel Krassnoff left seven people injured on Monday, including six police officers, as approximately 1000 human rights activists protested against the ceremony. Krassnoff has been imprisoned since 2005 after being convicted of homicide, kidnapping and torture during the dictatorship of Augusto Pinochet.

1000 protestors attended the event honoring Miguel Krassnoff. (Photo Courtesy of Santiago Times).

The event, which was first announced last week, was meant to serve as a platform to launch a book paying homage to Krassnoff and written by historian Gisela Silva Encina. Several hundred people were in attendance. The event was organized by right wing mayor of Santiago’s Providencia district, Cristian Labbe, who, like Krassnoff, was a former member of the Pinochet-era National Intelligence Directorate.

Director of the association for Relatives of the Detained and Disappeared, Mireya Garcia, believes Labbe should not have been involved in a ceremony of this particular nature. “He was elected by popular vote and as such it’s his duty to represent all residents of Providencia, not just one sector,” he said. Juan Antonio Coloma, head of Chile’s right-wing UDI party, also believed this ceremony was a mistake.

Activist Lorena Pizarro, president of a group of families of the detained and disappeared, is planning on suing Labbe if she finds that he used public funds to plan the event. “The possibility of paying homage to Miguel Krassnoff … is a product of the impunity we’re living with in the country,” she states. Despite the criticism, Labbe is still planning on seeking re-election in October 2012.

Demonstrators protesting against the homage clashed with Krassnoff supporters and police who used tear gas to control them. Many protestors threw rocks and eggs at police, and two protestors, including the daughter of a torture victim, assaulted a local Krassnoff supporter who was chanting “Long live Pinochet.” A total of nine protestors were arrested.

Krassnoff is currently serving a 144-year sentence at a special prison at an army base for crimes against humanity during the Pinochet dictatorship (1973-1990). He was charged in 23 separate cases, and has been connected to 128 deaths or disappearances and 18 instances of torture. He has not yet expressed any remorse for his big role in the kidnappings and tortures of government opponents during Pinochet’s rule.

Krassnoff’s victims include among many others: social historian Gabriel Salazar, head of the Chilean Legal Medical Service  Patricio Bustos, Socialist Dep. Osvaldo Andrade, board member for Chile’s public television station, TVN, Marcia Scantlebury, and possibly former President Michelle Bachelet. Bachelet has stated that she believes Krassnoff was present during her torture but is not completely sure because her eyes were covered the entire time.

Approximately 3,095 people were killed or disappeared during Pinochet’s dictatorship according to a national commission.

Criticism from human rights groups regarding the event has affected some members of Chile’s current government. Despite having declined the invitation to attend the event,  Chile’s President Miguel Juan Sebastián Piñera has been criticized for not taking action to stop the event from occurring. His advisor, Andrea Ojeda, who also declined the invitation, resigned after being criticized for writing “best wishes of success” in her RSVP letter.

 

For further information, please see:

ABC News – Chileans Protest Pro-Pinochet Tribute; 7 Injured – 22 November 2011

Fox News Latino – Anti-Pinochet Protest In Chile Leaves 7 Injured – 22 November 2011

NTDTV – Major Clashes in Chile over Tribute to Controversial Former Official– 23 November 2011

Santiago Times – Chileans Gather to Honor, And Shame, Former Pinochet Agent – 22 November 2011

Washington Post – Tear Gas Fired, 7 Hurt as Chileans Protest Tribute to Ex-Colonel of Pinochet Regime – 22 November 2011