South America

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

Venezuela Under International Scrutiny for Attacks Against Activists

By Paula Buzzi
Impunity Watch Reporter, South America

CARACAS, Venezuela – United Nations’ Human Rights Council issued 148 recommendations for Venezuela recently, in part because of the various reports of government human rights abuses towards activists who have publicly criticized government policies. Venezuela, however, has rejected the recommendations despite requests for change from its own allies.

Venezuelan human rights activist Humberto Prado has fallen victim to what he believes is government induced harassment. (Photo courtesy of ABC News).

Humberto Prado, 48, an ex-prison inmate turned director and founder of a prison monitoring group, claims he has been fearing for his life ever since he became an activist for prison reform. After criticizing conditions in a prison where inmates rioted in June, Prado began receiving anonymous phone calls at all hours of the night threatening to kill him.

Government officials, however, have ignored his complaints and Prado suspects that they might even be behind the threats. As the harassment intensified and government indifference continued, Amnesty International helped Prado and his family flee to Spain.

Prado is one of many activists who have fallen victim to attacks after President Hugo Chavez took office. Over the last 12 years, 83 activists have been attacked or harassed and 10 have been killed.

Out of the cases involving attacks on activists in Venezuela this year, the Committee of Victims’ Relatives reports that only 13 percent of them are being tried in court while the remaining have been either dismissed or remain in the preliminary investigative stage.

According to the director of the Committee of Victims’ Relatives, Liliana Ortega, various nonprofit groups have been investigated for improper funding after publicly denouncing government policies. Additionally, human rights groups have also reported arbitrary police arrests of activists, illegal wiretapping and restrictions on public meetings.

Last Friday, during the United Nations Periodic Review of Human Rights convention in Geneva, some of Venezuela’s allies, including Brazil, Russia, and Turkey, expressed concern over Venezuela’s criminal procedures, specifically it’s procedural delays, and other human rights issues.

A member of the Venezuela delegation who attended the convention but who wants to remain anonymous was surprised to hear criticism coming from Venezuelan allies. “”The fact that the United States, Britain and Germany questioned the Judiciary was predictable, but Brazil’s criticisms were not,” he said.

The Brazilian delegation expressed concerned about how closely judges and prosecutors work together in criminal proceedings. They called for a more independent judiciary in order to guarantee citizens of Venezuela the essential conditions of a democracy.

For further information, please see:

ABC News – Threats, Violence Rising for Venezuelan Activists – 14 October 2011

El Universal – Even Allies Questioned Venezuela at the UN Human Rights Council – 14 October 2011

CNN – Venezuela Rejects Certain Human Rights Recommendations – 11 October 2011

El Universal – US Asks Venezuela to “Reconsider” Human Rights Suggestions

– 12 October  2011

 

Paraguayan People’s Army Targeting Citizens, Police, Journalists

by Emilee Gaebler
Impunity Watch Reporter, South America

ASUNCIÓN, Paraguay – Army troops were dispatched to Concepción this past Monday October 10.  The troops have been sent to the city to combat the growing problem of the Ejército del Pueblo Paraguayo (Paraguayan People Army or EPP).

A member of the EPP. (Photo Courtesy of Americas Forum)

The Paraguayan congress passed a bill one week ago that created a state of exception.  This bill allowed for the army to dispatch to the troops to the north, where the self-declared socialist group has been most active.  The state of exception established only lasts for a period of 60 days.  It allows for the police to detain any who they believe to be “suspects” for questioning without having to secure a warrant first.  The bill was contested by President Fernando Lugo, he delayed signing it once it passed Congress by a number of days, despite its widespread support.

President Lugo has a religious background; he is a former Roman Catholic Bishop.  He is openly left-leaning and his opposition to the state of exception bill rests on the notion that this is a police action that should not be undertaken by the federal government.

It is believed that the EPP comes from a Catholic background as well.  Guerilla EPP members, captured by local police, have been found to be closely tied to the Catholic Church.  Critics of Lugo note this connection, attributing Lugo’s hesitance to sign the bill as support for the EPP.

It is unclear where the group’s origins lay.  Some sources point to the group beginning in 1992 when three priests were expelled from the Catholic seminary for their liberal and radical ideals.  They started a socialist movement, the Movimiento Monseñor Romero, which has evolved into the EPP.  News agencies claim that the movement began with the kidnapping and murder of Cecilia Cubas in 2005.  The group themselves claim to be made up of peasant communities.

The group has increased its activities in the last couple months.  They have kidnapped a number of wealthy farmers in the Northern provinces, demanding ransom for their safe return.  They have also been attacking local police stations in the area to obtain more weapons

Most worrisome however is Alcides Oviedo Brítez’s, the EPP leader, announcement from jail that news journalists will be attacked as valid military targets if they act as “informants” to the government.  During a tape-recorded interview two weeks ago, Brítez’s point of view was that the press was “terrorizing the citizenry” and that the true violence came from the nation’s police forces who were not the “poor little angels” as portrayed by the press.  He noted that the killings of police, journalists and civilians would continue as this was a war.

 

For more information, please see;

Americas Forum – Paraguay Sends Troops to Fight Growing Threat From Left-Wing Terrorist Group EPP – 12 October 2011

MercoPress – Paraguay Sends the Army to the North of the Country to Combat Guerilla Groups – 11 October 2011

Center for International Media Assistance – Guerilla Army in Paraguay Calls Journalists “Military Targets” – 27 September 2011

Council on Hemispheric Affairs – The Paraguayan People’s Army (EPP)-A New Insurgent Group with an Old Time Political Ideology? – 22 July 2011

Venezuela Rejects 38 Human Rights Recommendations From UN Universal Periodic Review

by Emilee Gaebler
Impunity Watch Reporter, South America

CARACAS, Venezuela – On Friday, October 7, Venezuela’s Universal Periodic Review (UPR) began.  UPR’s are done on a four year basis, with every member state of the United Nations.  They are conducted by the Human Rights Council, which is made up of 47 member countries.  The goal of the UPR’s is to ascertain the progress that has been made in each country regarding human rights.

The UN Human Rights Council meeting, on Tuesday the Universal Periodic Review for Venezuela was released. (Photo courtesy of El Universal)

Once a UPR has begun, a “troika” of countries is assigned to it.  These three countries have 48 hours in which to prepare a final report that is then submitted to the Human Rights Council.  This report consists of recommendations for human rights improvements to be made.  The reports are not binding on the nations reviewed.  The “troika” of countries assigned to Venezuela was Burkina Faso, Czech Republic and Guatemala. 

Yesterday, the final report was submitted.  This report included 148 recommendations that spanned a variety of topics.  Venezuela chose to accept 95 of those recommendations.  Another 15 will be considered.  The remaining 38 recommendations were flatly rejected.  These recommendations all focused on issues of judicial independence, freedom of the press and protection for non-governmental activist groups.

Other suggestions were; more guarantees to allow for freedom of expression, increased safety for journalists, an independent and open selection process for prosecutors and judges as well as a higher respect for the independence of the judiciary.  Concerns regarding Venezuela’s failure to comply with the Inter-American Court of Human Rights (IACHR) and its denial of entry to UN special rapporteurs were also noted.

During their presentation, Venezuela made special note of signing on to most international treaties and covenants on human rights.  The Slovakian delegate politely chided this with a diplomatic statement inviting Venezuela to “observe them” in practice.

Brazil also gently chastised Venezuela.  “The guarantee of human rights needs independence of the Judiciary branch and full freedom of expression and freedom of the press,” was the Brazilian ambassador’s statement to the Human Rights Council. 

The Venezuelan vice minister of foreign affairs, Temir Porras Ponce de Leon addressed the rejections made with a statement that called the rejected recommendations “groundless statements” as well as “disrespectful and interfering.”

Venezuelan Foreign Affairs minister Nicolas Maduro said “[t]he proposals from the US are aggressive, cynical and boil down to a slap in the face to the dignity of our people.”  He noted that only twelve countries criticized the lack of judicial autonomy, limits on freedom of expression and insufficient protection for non-governmental organizations.

 

For more information, please see;

CNN International – Venezuela Rejects Certain Human Rights Recommendations – 11 October 2011

El Universal – UN Members Urge Venezuela to Meet International Agreements – 11 October 2011

El Universal – Report on Human Rights to be Submitted on Tuesday – 10 October 2011

El Universal – Venezuela Rejects UN Petitions to Repeal Crimes of Opinion – 10 October 2011

MercoPress – Brazil, in Friendly Tone, Asks Venezuela for Fair Judges and Freedom of Expression – 10 October 2011