South America

Eight Killed and Four Held Hostage During Inmate Strike

By Paula Buzzi
Impunity Watch Reporter, South America

CARACAS, Venezuela — Eight inmates were killed and four police officers were taken hostage on Wednesday during a riot inside a prison in San Cristobal. In exchange for the safe release of hostages, prisoners are demanding to be transferred to a different facility. Negotiations with the prisoners began Thursday.

Venezuela negotiating hostage release at jail. (Photo Courtesy of BBC News).

According to State Police Chief, Jesus Berro, a group of inmates reportedly belonging to a gang at the San Cristobal prison were able to shoot and kill eight fellow prisoners and take four hostages after getting a hold of guns and keys to some cells. An investigation into how the firearms were able to enter the prison undetected is on going.

Venezuela currently has 30 prisons, all of which are suffering from severe overcrowding. At 47,000 inmates per prison, each prison is currently holding a little less than four times more inmates than they were originally designed to hold.

In addition to the prisons being overly packed, severe violence and extensive trial delays have added to the stress felt by Venezuelan inmates. Guns and drugs are common inside prisons and many inmates have waited months for their cases to be heard in court.

The poor prison conditions have sparked riots over the past month, including one last month where dozens of people were taken hostage by 400 rioting inmates at a Tocuyiito prison. The hostages were released only after authorities agreed to transfer the inmates to a prison located closer to the court where they would stand trial.

Although President Chavez did not comment on the violence currently occurring in the San Cristobal jail, he has recognized the need for prison reform. “We have to humanize the penitentiary system,” he said on Wednesday.

Chavez, who has himself previously spent two years in jail, is confident that his new prisons minister, Iris Verela, will be able to come up with a solution.

In the mean time, Military Commander, Hector Coronado, is negotiating with the current rebellious inmates in an attempt to regain control of the prison. He has stated that he will not use force.

 

For further information, please see:

BBC News – Venezuela Prison Guards Taken Hostage After Riot – 02 November, 2011

Washington Post – Venezuela: Prisoners Take 4 Police Officers as Hostages Amid Rioting That Kills 8 Inmates – 02 November 2011

Latin America News Dispatch – Venezuela Prison Standoff Ends After Hostages Released – 26 October  2011

Huffington Post – Venezuela: Prison Workers Still Held Hostage – 24 October 2011

Impunity in Argentina Coming to an End With Life Sentence for Alfredo Astiz “Angel of Death”

by Emilee Gaebler
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – Alfredo Astiz was convicted last Wednesday, along with 15 other men, for crimes against humanity committed during Argentina’s 1976-1983 dictatorship.  Astiz, who was nicknamed the “Angel of Death” for his innocent good looks, was a symbol of the brutality experienced during the dictatorship.

Alfredo Astiz faces forward as his life sentence is read aloud. (Photo Courtesy of CBS News)

Other officers convicted with Astiz were Jorge Acosta “The Tiger,” Antonio Pernias and Ricardo Cavallo.  Twelve men, including Astiz, Acosta, Pernias and Cavallo were sentenced to life in prison.  Four others were sentenced to 18-25 years in prison.  The 22 month trial has been applauded by human rights activists as a huge step towards justice and truth in what has been termed Argentina’s “Dirty War”.

During the trial 79 survivors of the Naval Mechanics School, known as ESMA, testified.  ESMA was one of Argentina’s primary torture and killing centers during the 6 year military dictatorship.  Argentinian men and women were kidnapped, brought to the center, detained, tortured and killed.  It is estimated that of the 5,000 people kidnapped and brought to ESMA, only 200 survived.

Astiz was a young naval officer for ESMA who posed as an innocent civilian desperately searching for his brother who had disappeared.  He was able to infiltrate the group the Mothers of Plaza de Mayor in this way.  Three founding members of the group, Azucena Villaflor, Esther Ballestrino and Maria Ponce were all kidnapped and killed by Astiz.

He is responsible for the killings of two French nuns in 1977, Alice Domon and Leonie Duquet.  He was convicted in 1990 in absentia by French courts for these two murders.  Other European nations requested his extradition over the years including Spain, Sweden and Italy.  As well, he has been charged with the disappearance of Rudolfo Walsh, an investigative journalist and guerilla fighter during the war.

Most of the victims from ESMA were never found.  The junta soldiers often utilized firing squads.  Another method commonly used was the practice of drugging people, loading them onto planes and then dropping them, still alive, into the Atlantic Ocean.  Human rights organizations estimate that 30,000 people were killed in all of Argentina during the short 6 year period of the dictatorship.

In 1983, when the dictatorship finally fell, many junta officials were arrested, but in 1987 an Amnesty Law was passed.  This law permitted many of those who had committed grievous crimes against humanity to escape prosecution.  Astiz was one of those who benefited from this law.  He tried to live a normal life but was often harassed in the streets by those who recognized him for his crimes.

In 2005 the Argentinian Supreme Court revoked the Amnesty Law at the urging of then-President Kirchner and paved the way to Astiz’s recent conviction.  Kirchner’s wife, the current President of Argentina, Cristina Fernandez has also supported the trial and conviction of these men.  Kirchner and Fernandez met when they were both student activists during the Dirty War.  Several of their friends were victims who “disappeared” during this time.

Astiz has claimed that the trials are unjust and illegitimate prosecution promulgated for the political leverage they will give to Fernandez.  His unrepentant opinion on the trial is that “the government doesn’t hesitate in its revenge against the people who combated terrorism.”

When the sentence was read Astiz showed almost no emotion, he stared forwards and lightly brushed a patriotic ribbon pinned to his lapel.  His sister, Lucrecia Astiz, objected to the sentence expressing outrage that Astiz is being held responsible for his actions as he was only 23 and simply followed the orders given to him.

Earlier, in a 2008 interview with Tres Puntos magazine, Astiz showed no remorse for his actions during the war.  He bragged that he was the best trained man in Argentina to kill politicians and journalists.  He also stated that he didn’t betray the Mother of Plaza de Mayor because he never was one of them.

During the trial, Astiz seemed to thrive on shocking those present.  On the first day he entered the courtroom with the book “Return to Kill.”  ­­During the trial he continually called the trial a “lynching.”  Then, on the last day of the trial he handed the judges a copy of Argentina’s constitution with instructions that it be given to the Argentinian Supreme Court.

Hundreds of family members of those who disappeared into ESMA stood outside the courthouse as the sentences were read.  Many wept and others danced in the streets when the convictions came out.

“Ole, ole they will have the same fate as the Nazis, wherever they go we will find them,” was chanted loudly.

For more information, please see;

BBC News – Argentina “Angel of Death” Alfredo Astiz Convicted – 27 October 2011

Buenos Aires Herald – French Foreign Minister Says Astiz Sentence is an “Honor to Argentina” – 27 October 2011

Christian Science Monitor – Argentina’s “Blond Angel of Death” Convicted for Role in Dirty War – 27 October 2011

International Business Times – “Angel of Death” Sentenced to Life in Argentina – 27 October 2011

New York Times – Argentina: 12 Given Life Sentence for Crimes During Dictatorship – 27 October 2011

Reuters Africa – Life Sentence for Argentine Blond Angel of Death – 27 October 2011

CBS News – Argentina’s “Angel of Death” Sent to Prison – 26 October 2011

Brazil to Investigate Human Rights Abuses with Truth Commission Bill

By Paula Buzzi
Impunity Watch Reporter, South America

BRASILIA, Brazil —  Brazil will soon join Argentina, Chile and Uruguay in the list of South American countries that are taking steps to investigate those responsible for the human rights abuses during their respective military regimes. A truth commission bill, which will examine the abuses between 1946 and 1988, was approved by Brazil’s Senate on Wednesday night and now awaits the signature of President Dilma Rousseff in order to become law.

President Rousseff was among several other leading figures in Brazil that was imprisoned and tortured during the military regime. (Photo Courtesy of Reuters).

The truth commission bill was drafted by former Brazilian president Luiz Inacio Lula da Silva of the Workers Party. Rejection and threats from three force commanders and the Minister of Defense, however, blocked any advancement of the bill during his term.

With strong support from current President Rousseff, the truth commission bill passed the lower house of the Brazilian legislature in September. President Rousseff, a former socialist during her youth, was captured and claimed to have been tortured in jail during the dictatorship. She urged congress to act swiftly on the bill as she believes it is key to Brazilian unity.

In addition to President Rousseff, several other leading figures in Brazil have stated that they were imprisoned and/or tortured during the military regime, including former Presidents Luiz Inacio Lula da Silva and Fernande Henrique Cardoso, and culture minister and singer Gilberto Gil.

The truth commission bill will consist of seven people appointed by the President to research reported abuses during the military dictatorship, and draw up a final report. Because of a military amnesty law, however, any military official or left-wing guerrilla accused of violence cannot be prosecuted. Despite no trials, Senator Aloysio Nunes believes the commission will help unveil many truths from the dictatorship era.

Approximately 500 Brazilians were captured or killed by the military during their rule between 1964 and 1985. Brazil has never punished those military officials responsible for the murders and human rights abuses.

Senator Randolfe Rodrigues believes this commission is a “timid” one compared to its’ neighboring countries. Other countries in South America, including Argentina and Uruguay, have already sentenced ex-military officials found guilty of human rights abuses during their military dictatorship. Brazil’s truth commission’s purpose, however, is to merely investigate.

 

For further information, please see:

Washington Post – Brazilian Senate Approve Investigation of Human Rights Abuses During Military Dictatorship – 27 October 2011

BBC News – Brazil Creates Truth Commission to Probe Rights Abuses – 27 October 2011

AFP – Brazil Approves Truth Commission on Rights Abuses – 27 October 2011

Merco Press – Truth Committee in Brazil but With No Review of Past Human Rights’ Crimes – 21 October  2011

Brazilian Doctors Declared Guilty of Harvesting Organs From Patients Before Death

by Emilee Gaebler
Impunity Watch Reporter, South America 

BRASÍLIA, Brazil – After 25 years a sentence has finally been handed down in a criminal case involving illegal organ harvesting.  Last Thursday a judge sentenced Doctor Rui Sacramento, Doctor Pedro Torrecillas and Doctor Mariano Fiore Jr. to seventeen years and six months each in prison.

The criminal justice system in Brazil is notorious for its protracted cases like this one which took 25 years to reach a sentence. (Photo Courtesy of CTV News)

The three doctors were charged with removing kidneys from four patients that were not really dead.  The patients had signed off on being organ donors in the event of their respective deaths.  The victims were patients in the time period from September to December of 1986.  They were incorrectly declared brain dead by neurosurgeon Mariano Fiore Jr. who then authorized the removal of the organs.    

Torrecillas and Sacramento were the doctors who removed the organs and prepared them for transplant.  Following the removal of the organs, the patients did actually die.  Another neurosurgeon, Antonio de Carvalho Monteiro was also accused but died last year.

The organs were harvested at a public hospital and then sent to a private organ transplant facility.  At public hospitals, transplants are free but the waitlists are long.  At the private facilities the organ transplant process can be accelerated for those wealthy enough to pay the price.  For each kidney, it is estimated that US $41,000 was paid.

Two organ recipients testified in the trial that they paid that amount for a kidney transplant at the private facility.  Both noted that they were not informed of where the organ donation was from. 

The case first came to light in December of 1986 when the head Doctor at the University of Taubate’s medical school noticed irregularities in records regarding organ transplants.  He investigated further into the transplants and the team of doctors who performed them then turned the information over to the Federal Council of Medicine.

The state prosecutor on the case, Marcio Friggi de Carvalho said that the victims, “simply did not have the diagnosis of brain death.”

The doctor’s defense attorney, Sergio Salgado Badaro told the jury, “[I]f you convict them, you will be the first jury in the country to convict doctors for killing people who were already dead.” 

When the sentence was handed down, Baldaro noted that he respected the jury’s decision but his clients were going to appeal.  The doctors will be permitted to continue practicing while their appeal is considered.

Family members of the victims present when the sentence was handed down cried and hugged each other.  The decision has long been awaited and Brazilian authorities have termed it extremely complex in order to explain the 25 year wait.  The Brazilian criminal justice system is known to be a slow machine and it is not uncommon for cases to take years or even decades to be decided. 

 

For more information, please see;

Bio Edge – Brazilian Transplant Doctors Convicted After 25 Years – 22 October 2011

CTV News – Doctors Guilty of Harvesting Organs of Live Patients – 21 October 2011

WHDH News – Brazil Doctors Found Guilty of Killing Patients – 21 October 2011

MSNBC News – Docs Charged For Removing Organs From Live Patients – 17 October 2011

Venezuela’s Only Independent News Agency, Globovisión, Fined $2.1 Million by Government

by Emilee Gaebler
Impunity Watch Reporter, South America

CARACAS, Venezuela – Venezuelan television company, Globovisión, has been fined $2.1 million for their editorial conduct.  Venezuelan media regulator, Conatel, announced the fine on Tuesday.  The amount represents roughly 7.5% of Globovisión’s gross income.

Guillermo Zuloaga, owner of Globovisión. (Photo courtesy of Noticias VE)

Conatel’s director, Peter Maldonado, stated that the fine stemmed from the private television company’s reporting in July of the riots at the El Rodeo prisons.  Maldonado said that the reporting incited “the anxiety of the citizenry” and “promoted hatred and intolerance for political reasons.”

Specifically, Maldonado stated that interviews with relatives of inmates were played more than 300 times and that false audio was added to the tracks, including the sound of gunfire.  Globovisión defended their coverage of the events, stating they were not permitted onto the scene and that their reporting was fair and balanced under the circumstances.

In December, Venezuela passed media responsibility laws in order to ensure social responsibility from those who transmit text, image, sound or information via television, radio or the internet.  Globovisión is accused of violating two of these laws.  The first is their failure to pick up appearances by government officials that were broadcasted by state media.  Second, that they broke the law that prohibits stirring anxiety in the public and inciting intolerance for political reasons. 

Globovisión has stated that they will appeal this fine as it will bankrupt them, effectively shutting the network down.  They have made clear their feelings that this fine is simply a way to force them out of operation.  Globovisión is currently the only remaining news station in Venezuela that is openly critical of President Chávez.

The owner of Globovisión, Guillermo Zuloaga, is living in exile due to prosecution from the Venezuelan government.  He is wanted for allegedly storing illegal vehicles on his property with the intent to sell them for profit.  His son is also wanted by the Venezuelan government. 

Zuloaga claims that these charges are trumped up; that they are an attempt to silence his criticism of the government.  In a phone call interview, regarding the fine, he stated this was “one more attack by a government that has only fear of freedom of expression.”  Zuloaga also said that if necessary, he will come up with the funds to pay the fine himself.  He is adamant that he will make sure this fine does not shut the news station down.     

Past investigations into Globovisión have been conducted by the government for a variety of reasons.  These investigations have taken place for trivial violations, like reporting on an earthquake before an official report was released, to allegations of failure to pay taxes.   

Last year, RCTV, another independent news station, was forced out of business when Chávez refused to renew their license for alleged telecommunication regulation violations.  Since Chávez’s election in 1999, state-owned media has expanded dramatically.

For more information, please see;

Aljazeera – Anti-Government TV Channel Fined in Venezuela – 19 October 2011

National Public Radio – Venezuela Fines TV Station for Prison Coverage – 19 October 2011

BBC News –Huge Fine for Venezuela Opposition Channel Globovision – 18 October 2011

CNN – Venezuela Fines Independent Broadcaster – 18 October 2011

El Universal – Telecoms Agency Fines Globovisión for Coverage of Prison Riot – 18 October 2011