Salvadoran Tribunal Upholds 30-Year Sentence for Woman Jailed for Delivering a Stillborn Child

By: Karina Johnson
Impunity Watch Reporter, North America

SAN SALVADOR, El Salvador — On Wednesday, December 13, San Salvador’s Second Court of Judgment in El Salvador upheld Teodora del Carmen Vasquez’s 30-year sentence for aggravated homicide against her unborn child.

Teodora Vasquez is escorted to her hearing to appeal her 2008 conviction for the death of her stillborn child. Photo Courtesy Oscar Rivera, Getty Images.

On July 13, 2007, Ms. Vasquez nine months pregnant and working when she began bleeding and feeling severe labor pains and called 911 to transport her to the hospital.  She waited for medical personnel for over four hours before fainting from blood loss in a restroom at work. She awoke to police accusing her of having killed the child—unaware that the child had already been born and that it was stillborn.  Ms. Vasquez was arrested and later convicted of aggravated homicide against her stillborn child.  The judge who convicted Ms. Vasquez in 2008 to the 30-year minimum sentence was the same judge who heard and denied her appeal in 2017.

During Ms. Vasquez’s appeal hearing, two medical experts testified to the child being born dead, and Ms. Vasquez not being responsible for the death of her child.  One testified that according to the results of the autopsy conducted by the Institute of Legal Medicine, the newborn had died of asphyxiation prior to birth due to complications from having been born outside of a hospital.  The second expert testified that the newborn was born dead and that the studies conducted during the criminal investigation by the prosecution were inadequate and incomplete.

The judge ruled that the defense’s medical experts did not present sufficient evidence to dispute the investigation carried out by the prosecution and that Ms. Vasquez’s appeal was denied.

Earlier in 2017, a 19-year old rape-survivor was sentenced to 30 years in prison after delivering a stillborn child at her home.  Prosecutors accused Evelyn Hernandez Cruz of not seeking prenatal care and alleged that she had aborted the fetus and thrown its remains into a latrine at her home.  The defense argued that Ms. Hernandez had not even known that she was pregnant, and had confused the labor pains with a stomach ache.  The defense is seeking an appeal following Ms. Hernandez’s conviction.

El Salvador, along with Malta, Andorra, Chile, Haiti, Honduras, and Nicaragua, have criminalized abortion in any and all cases.  This law, enacted in 1998, allows women to be charged with murder and other related charges in cases of abortion or suspected abortion and extends liability to medical practitioners that fail to report suspected abortions.

According to Al Jazeera, 17 women in El Salvador have been convicted of aggravated homicide under this law between 1999-2011 for losing their babies.  “In most cases, these are women without resources who suffer obstetric emergencies or spontaneous abortions [miscarriages] and, when they go to hospitals, they are reported by the medical staff, because they are afraid of prosecution,” Katia Recinos, one of Ms. Velasquez’s lawyers, told Al Jazeera. These women have been sentenced from 12 to 30 years in prison as a result.

In 2016, the left-wing opposition party FLMA introduced a bill that would decriminalize abortion in cases of where the pregnancy would put the life and health of the mother at risk, where the pregnancy would produce an unviable fetus, or when the pregnancy was due to rape, incest, or human trafficking. The right-wing majority party ARENA—with support from the Salvadoran Catholic Church—countered the bill by petitioning Congress to increase the maximum penalty in these cases to 50 years in prison.  Both pieces of legislation are still pending within their respective committees.

Doctors who are suspected of aiding pregnancy terminations are also persecuted under the 1998 anti-abortion law.  Dr. Zulma Mendez, who leads the HIV program at the San Rafael Public Hospital of San Salvador, told the New York Times that she was threatened with criminal prosecution for her work.  “I wanted to help a woman whose emergency contraception didn’t work after she was raped.  Naively, I called the Institute of Legal Medicine and told them what had happened.  I was told not to get involved, as I could be put behind bars.”

Ms. Vasquez has served 10 years of her 30-year sentence and will be 57 years old when she is released.

For more information, please see:

BBC News – El Salvador rejects appeal in baby death case – 14 December 2017

The Guardian – El Salvador court upholds 30-year jail sentence in stillbirth case – 14 December 2017

El Nuevo Herald – Ratifican condena de 30 años de cárcel a mujer que abortó en El Salvador – 13 December 2017

El Salvador: Noticias – Tribunal ratifica sentencia de 30 años a mujer condenada por el homicidio de su bebé – 13 December 2017

Al Jazeera – El Salvador woman jailed after stillbirth seeks freedom – 8 December 2017

The New York Times – In El Salvador, ‘Girls Are a Problem’ – 2 September 2017

CNN – The people fighting the world’s harshest abortion law – 10 July 2017

Al Jazeera – El Salvador rape victim jailed 30 years for stillbirth – 7 July 2017

Independent – El Salvador jails raped teenager for 30 years under murder laws after she said she suffered miscarriage – 6 July 2017

The Guardian – El Salvador’s anti-abortion law makes criminals of mothers who miscarry – 30 November 2015

UN expert reports no humanitarian crisis in Venezuela

By: Emily Green
Impunity Watch Reporter, South America

CARACAS, Venezuela — An independent expert for the UN’s top human rights body was allowed a rare visit to Venezuela. After spending a week in the country and assessing the situation, he reported that there is no humanitarian crisis.

Venezuela’s Foreign Minister Jorge Arreaza meets with UN expert. Image Courtesy of CancilleriaVE.

Alfred de Zayas, an independent expert on International Democratic and Equitable Order at the UN, made his visit in late November to assess the social and economic progress in Venezuela. He said he met with 16 government ministers, opposition groups, and “victims of repression,” and reported that the government did not give him any problems.

This was the first visit by a UN rights expert to Venezuela since 1996. De Zayas remarked, “I have succeeded in opening the door. After 21 years, Venezuela has accepted a UN expert to spend eight days there.”

During his visit, he pleaded with the government to release more than 20 people in custody. In addition, he gave a total of six pages of recommendations. Venezuela has already met one recommendation by agreeing to cooperate with some unspecified UN agencies.

While the country is being accused of undermining democracy, it also struggles with inflation and shortages of food and medicine. Its economy has taken severe hits since the decline in global oil prices in 2014. Contrary to most media reporting, De Zayas assured that there is no humanitarian crisis in Venezuela. He said he agrees with the Food and Agriculture Organization of the UN and the Economic Commission for Latin America who deny the humanitarian crisis.

However, he conceded that there are some shortages and delays in distribution. He has called on the international community to be aware of the monopolies, smuggling, and corruption that has emerged under the US-led economic and financial war. The conflict has resulted in pressures and sanctions. Last year, over 750 opposition-controlled offshore companies were accused of purposefully redirecting Venezuelan imports of raw food materials from the government to the private sector. On top of that, international sanctions have blocked millions of tons of food and other supplies from reaching the Venezuelan people.

De Zayas also remarked that the opposition and private media label the situation in Venezuela as a humanitarian crisis in an effort to promote international intervention. Opposition leaders made “the opening of a humanitarian channel” one of its chief demands in negotiations with the national government. He called the mainstream media coverage of the country “theatrical, hyperbole, and an exaggeration,” and said it does not help to resolve any problems. However, he said international solidarity is necessary to help them overcome the current crisis.

The UN expert will create recommendations to address Venezuela’s crisis and present them to the UN Human Rights Council in March 2018. He is now on his way to Ecuador for a similar investigative visit.

Finally, De Zayas has faced some criticism from advocacy groups. The UN Watch, among others,  alleged he was carrying out a “fake” investigation during his trip.

For more information, please see:

Washington Post – In rare visit, UN expert pleads with Venezuela – 12 December 2017

Chron – In rare visit, UN expert talks with Venezuela – 12 December 2017

Prensa Latina – UN Expert Notifies Social Progress in Venezuela and Ecuador – 12 December 2017

Venezuela Analysis – UN Expert: No Humanitarian Crisis in Venezuela – 6 December 2017

Telesur – No Humanitarian Crisis in Venezuela, says UN Expert, Condemning International Sanctions – 5 December 2017

Venezuela: A Storm of a Summer and Its Aftermath

By Max Cohen

Impunity Watch Special Features Editor

Edited By Yesim Usluca

Impunity Watch Senior Special Features Editor

It used to be one of the richest countries in South America. Now, citizens are fleeing in droves to any country that will have them. The money isn’t worth the paper it is printed on. And, the government is under the complete control of one man and his political allies. Over the past several months Venezuela has been embroiled by conflict as citizens have marched for change and the government has responded with a violent crackdown, which has only inspired more protests.

The first question on the minds of most is: How did this chaos come to be? Well, it began with an economic crash caused in part due to plummeting oil prices. Oil is Venezuela’s chief export, accounting for over ninety percent of the country’s export revenue, and without the billions that came from the state-owned oil company they could not sustain the social programs and food subsidies that oil money had funded. Because of years of borrowing from other countries, Venezuela has been left with massive debt, dwindling foreign currency, and a drastically drained reserve of funds, which has led imports for things such as medicine to be cut in half. Furthermore, inflation has made it more difficult for citizens to afford food, leading to a growing malnourishment problem. Price controls on goods sold within the country to make them more affordable have only made the problem worse by making them too cheap to justify the costs of production. However, these policies are politically difficult to repeal because they were put into place by the late Hugo Chavez, the still beloved predecessor of current Venezuelan President Nicolas Maduro. Then, in 2015, Venezuela’s opposition party won a supermajority in their Congress, the National Assembly.

In January 2016, Venezuela’s Supreme Court suspended the elections of a few opposition party lawmakers for alleged voting irregularities. However, the National Assembly continued to operate regardless of the Court’s order, leading the Court in March 2017 to declare the Assembly in contempt and in the process, effectively giving itself the power to legislate. Protesters took to the streets, and only a few days later the Supreme Court partially reversed its ruling by not taking the legislature’s powers. However, the Court did not address whether the National Assembly was still in contempt. The protests did not end however, as citizens continued to demand a new election to replace Maduro.

Venezuelans protest in La Castellana, a neighborhood in eastern Caracas. Photo courtesy of IRIN News.

Over the summer, as citizens came to the streets in massive numbers, their attempts at peaceful protests were met with excessive force and false arrests as government security forces attempted to quell the demonstrations. Approximately 120 people have died in the protests, and thousands have been arbitrarily detained as demonstrators have been tried in front of military courts, a process usually reserved for military crimes or terrorism. But, in a military court, Maduro could be assured of an outcome in his favor.

Planting evidence and unwarranted charges against civilians have been used to attempt to stifle dissent. One such incident involves Ana Rosa Cisneros, who was shopping at a pharmacy near a protest when she was arrested by the Venezuelan National Guard, and was detained for sixteen days. Now she must report to court monthly because of the charges levied against her.

Furthermore, conditions in the prisons where demonstrators, and those accused of doing so, are held are nothing short of horrific. In one prison called the Helicoid guards allegedly beat inmates, shocked them, and exposed them to tear gas-like chemicals. Prisoners in Venezuela deal with sexual abuse, and in one strange case were even forced to eat raw pasta with human feces in it. Illegal home raids by security forces are another tactic used by the government to intimidate people, with approximately forty-seven illegal raids occurring across eleven districts during the summer. In these raids, the security forces would break into people’s homes without any justification, legal or otherwise. They would search the houses, destroying property and using violence in the process, threaten the people living there, and leave hours later, sometimes outright stealing things as they left.

Wuilly Arteaga, an opposition activist, plays his violin during a protest against President Nicolas Maduro. Photo courtesy of Shaw Global News.

Brutality towards protesters has also been a common feature of the government’s response to the demonstrations. One famous incident of brutality by security forces involved Wuilly Arteaga, a protestor who was injured during the protests while playing songs on his violin, including Venezuela’s national anthem. Arteaga gained international celebrity after a video went viral of him crying over a violin broken by government security forces. However, there was a bright side as he received numerous violins from several people, including celebrity salsa singer Marc Anthony. Then in August, after being arrested at a demonstration, Mr. Arteaga was detained for over two weeks, during which time he was allegedly beaten and tortured by the guards. Around the same time, the government released a video in which Arteaga said that he was not mistreated in jail and that the government did not break his violin. According to Arteaga however, the video was doctored, and many of his statements in it were coerced. In a more tragic tale, a young man, David José Vallenilla, was killed after being shot three times in the chest at point blank range by a soldier for hurling rocks over a fence at the La Carlota airbase. In an ironic twist of fate, it turned out that Mr. Vallenilla was the son of Maduro’s former boss from when the Venezuelan leader was a bus driver. Even worse, these are only some of many stories just like them among those who have protested in Venezuela.

Despite the deaths, injuries, and unlawful detentions, protests continued and even became more impassioned after Maduro called for the election of a constituent assembly to rewrite the nation’s constitution. Maduro even brought in the military, putting 232,000 soldiers out on the streets, to ensure everything went off without a hitch. But, in the days preceding the vote, millions of people across the country engaged in a two-day strike. Furthermore, even after Maduro declared protests during voting to be a crime punishable by imprisonment of up to ten years, people came to the streets to voice their opposition to Maduro and express their frustration at a vote that many predicted would be fraudulent. Only a few weeks earlier, over seven million citizens had participated in an unofficial vote rejecting the constituent assembly, which was deemed “unlawful” by the government. Venezuela’s opposition party even refused to recognize the legitimacy of the Constituent Assembly election before it took place, and thus did not submit any candidates from their party. In a result surprising no one, the pro-government constituent assembly won in an election, where there was no rejection option, that the CEO of the company suppling Venezuela’s voting machines confirmed was fraudulent. Results were reportedly off by at least one million people, and may be off as much as half of the eight million who purportedly voted in the election.

As a result, the Constituent Assembly will govern Venezuela as a legislature until their constitution is rewritten, giving Maduro complete control over the country indefinitely. Among its members are Maduro’s own wife and son, as well as other allies of the embattled president. The United States (U.S.), along with many other countries have stated that they do not recognize the result of this election. The only countries who have recognized the election thus far are allies of the country such as Bolivia and Cuba.

Former Venezuelan Attorney General Luisa Ortega Diaz. Photo courtesy of Reuters.

Throughout the troubles in Venezuela, the only government official in Maduro’s administration willing to stand up to Maduro was the former Attorney General, Luisa Ortega Diaz, speaking out against her government on the issue of human rights. Her public dissent began when she condemned the Venezuelan Supreme Court for attempting to take away the National Assembly’s powers. Furthermore, after reports of the fraud committed in electing the Constituent Assembly, she vowed to investigate, only to be fired by the Constituent Assembly a few days later, something which had also been attempted by Venezuela’s Supreme Court earlier in the summer. Both times that she was fired, Diaz attempted to continue with her job. The first time she was successful in returning to work and even charged the former head of Venezuela’s National Guard with human rights abuses. But, after being fired by the Constituent Assembly she was prevented by security forces from even entering her building. The Constituent Assembly’s new Attorney General, Tarek Saab, is considered an ally of Maduro and has allegedly turned a blind eye to human rights abuses. Diaz’s change of position towards Maduro’s administration came about because of a multitude of factors including the state of the country, the kidnapping of her children, and the persecution that she felt coming towards her from other parts of the government. Previously she had also been banned from leaving the country and her assets had been frozen by the government. But since being fired, she has fled the country and is now in hiding. Recently she has supplied the U.S. with evidence compromising top officials in Maduro’s government concerning various forms of corruption, including evidence of graft linked to food imports. As recently as November 16th, she accused Maduro, before the International Criminal Court, of being responsible for crimes against humanity amounting to over 8,000 murders since 2015.

Opposition leaders have also been continually outspoken against the abuses of Maduro’s government, only to be met with retaliation. In April, the government had told opposition leader Henrique Caprilles that he was banned from doing any political work for fifteen years. Then in May, he was banned from leaving the country just as he was about to attend a meeting with the United Nation’s (U.N.), Human Rights Council to discuss the turmoil embroiling his country. Two opposition leaders, Leopoldo Lopez and Antonio Ledezma, were taken from their homes in August and jailed on suspicion that they were planning to leave the country and had violated the terms of their agreements by making political statements. Both men were under house arrest at the time, and have since been released back into house arrest. Lilian Tintori, the wife of Leopoldo Lopez, was also banned from leaving the country after 200 million bolivars, the equivalent of $11,000, were found in her car. Tintori claims that the cash was from personal funds to help pay for her grandmother’s medical care. All of this came right before Tintori was scheduled to go to Europe to attend meetings to convince European leaders to institute sanctions against Venezuela and the Maduro government.

Opposition members have not been the only victims of the government’s authoritarian acts. In October 2017, three journalists, two of them from Europe, were arrested as they prepared a report on the conditions in a Venezuelan prison. Furthermore, in June, an American citizen was imprisoned for alleged weapons charges. However, many believe it was due to the U.S.’s stance on the Venezuelan government’s authoritarian acts.

In late July, the opposition had also attempted to replace the Venezuelan Supreme Court with appointees of their own, an action that the current pro-government Court declared invalid and inferred that such an action could be treason. One appointee was detained by the government and others were allegedly threatened by government forces. A few of the justices appointed to an alternative Supreme Court created by the National Assembly, were later forced to take refuge in the Chilean Embassy.

The U.N. has also been a steady force standing against Venezuela to the extent that it can. It has denounced the government’s moves from the retaliation against figures like Luisa Ortega Diaz, to denouncing the government’s abysmal handling of human rights. The U.N. has also issued a report documenting the various human rights abuses by the Venezuelan government referring it to the U.N. Human Rights Council for action. However, Venezuela is still currently a sitting member of the council and would be involved in any decision by the body.

Now only one other question remains; what happens next? Two governments currently exist in Venezuela. The official Constituent Assembly, which has all the power, and the National Assembly, which, although it still meets, has done little since August other than to publicly protest Maduro’s government’s actions. The National Assembly though, is that in name only, with no resources, and few lawmakers willing to show up to conduct “business.”

In mid-October, there was another round of voting in the nation’s gubernatorial elections, in which those aligned with Maduro won handily. The opposition has alleged fraud, but none of the evidence thus far pans out those claims. However, even though Maduro’s allies won by a sizable margin without inflating the vote count, Venezuela’s most recent elections were far from fair. Just hours before the vote, the government-aligned National Electoral Council moved many pro-opposition polling places leaving half a million people with no idea where to vote. When they attempted to find out by texting a special number, the government would text them back reminding them who the Socialist candidate for their region is. The government told people that its electoral system enabled them to know who had voted, and public-sector employees were brought to the polls by their employers and threatened with firing if they did not vote. The few wins received by the opposition party were rendered almost pointless by Maduro’s demand that, to take office, any elected candidate had to take an oath before the Constituent Assembly and “subordinate” themselves to it.

Russia, a longtime ally of Venezuela since the Soviet Era, has since agreed to restructure Venezuela’s debt payments just as it appears the country is headed for default. A default would mean an even greater disaster in terms of severe shortages of food and medicine. It would endanger not only Venezuela’s economy, but potentially the world economy at large. Additionally, default would result in an immense amount of litigation, and possible seizures of the government’s overseas assets, particularly Citgo which is the American subsidiary of Venezuela’s state-owned oil company. China, another major lender to Venezuela, has shown no interest in lending more money to them, some theorized at the time due to concerns over Maduro’s longevity in his position.

The U.S. has reacted to the Venezuelan crisis much differently, instituting sanctions on the country’s political leaders as well as inclusion of the country in the latest version of President Donald Trump’s now infamous travel ban. Other financial and economic sanctions have also been a part of the U.S.’s action, such as barring any new financial deals with either the government or the state-run oil company PDVSA, which as a result will make it difficult for PDVSA to refinance its debt. However, the U.S. has not yet issued a ban on Venezuela’s main industry, crude oil trading. As the U.S. is Venezuela’s biggest customer of oil, a sanction on the product, if instituted, would do incredible damage to the country’s economy. The European Union has also banned arms sales to the country, and instituted a system to freeze assets and put in place travel restrictions on Venezuelan officials. The U.S.’s involvement in attempting to get Maduro to step down however, has not gone unnoticed and Maduro has made the country the proverbial “boogeyman,” blaming it for the current political and economic instability.

In late November 2017, Maduro replaced the head of the state-run oil company with a general and former housing minister, Manuel Quevedo, with little experience in the industry. Around fifty officials at the company have been arrested in what the government claims is an attempt to clear the organization of corruption. In addition to continuing to clear corruption, Quevedo will also oversee the difficult process of restructuring the company’s debt. Quevedo is also accused of committing human rights violations during the anti-Maduro protests. However, some speculate that Maduro’s true motive may be to clear the field of powerful potential political rivals and tighten control over the country’s only major source of money.

Approximately 27,000 Venezuelans in 2016 and 52,000 thus far in 2017 have applied for asylum. That is only a fraction of those fleeing the country during its most recent economic and political crisis. In the neighboring state of Columbia alone, the estimates range from 300,000 to 1.2 million Venezuelans living there. Also, in Argentina, the number of Venezuelans starting new lives there has jumped from 1,911 in 2012 to 12,859 in 2016. With 8,333 in the first quarter of 2017 alone, it does not appear to be on track to decrease any time soon. Furthermore, Chile too has seen a massive increase, with the average number of visas issued to Venezuelans rising from 758 to 8,381. The mass exodus becomes even more serious as one reflects on that fact that a majority of those leaving are the kind of well educated professionals that Venezuela needs to hang onto if it is going to climb out of its current economic hole.

Countries around the world have slapped Venezuela with sanctions, and will probably continue to do so as the situation there worsens. Protests have dwindled in size out of fear from the government’s now unchecked power. People will continue to flee the country’s dire political and economic conditions for other countries. And, as the morally crushed opposition sinks, Maduro’s grip on the country will grow stronger and eventually stabilize his hold on power. With the stabilization of Maduro’s hold on power, Venezuela’s allies, as Russia did in early November 2017, will be more willing to help the country economically, but even they cannot save it now. The economy will continue to fester and rot as the government keeps the policies preventing growth in place, and may even worsen as oil as a fuel source declines in usage due to energy saving technologies and global action on climate change.

For any lasting change to occur, it will have to come from the people. Standing up to Maduro’s regime will be an enormous risk, but it is one that citizens will need to take if they want to realize the greater rewards that come with true freedom. Waiting and hoping for things to get better is not an option because things are primed to only get worse. It is only through action that things will truly get better.

 

For more information, please see:

Aljazeera – Venezuela’s crisis explained from the beginning – 14 December 2017

Aljazeera – Venezuela: UN warns of possible crimes against humanity – 11 September 2017

Amnesty International – Venezuela: Repression taken into people’s living rooms as home raids surge – 30 October 2017

Bloomberg – Venezuela’s Empty Elections – 19 October 2017

Business Insider – ‘The tipping point’: More and more Venezuelans are uprooting their lives to escape their country’s crises – 2 December 2016

CBS – Voting machine firm: Venezuela vote rigged “without any doubt” – 2 August 2017

CNN – Controversial Venezuela vote to be investigated, attorney general says – 3 August 2017

CNN – Deadly election day in Venezuela as protesters clash with troops – 30 July 2017

CNN – Putin extends lifeline to cash-strapped Venezuela – 15 November 2017

CNN – Trump administration announces new travel restrictions – 25 September 2017

CNN – U.S. hits 10 more Venezuelan leaders with sanctions – 9 November 2017

CNN – UN: Venezuelan protesters endure excessive force, other rights violations – 8 August 2017

CNN – Venezuela’s high court dissolves National Assembly – 30 March 2017

CNN – Venezuela: How paradise got lost – 27 July 2017

CNN – Venezuelans launch 2-day strike against Maduro as US slaps sanctions – 27 July 2017

CNN – Venezuela’s Leopoldo Lopez returns to house arrest – 6 August 2017

CNN – Venezuelan protester shot dead at point-blank range by soldier – 23 June 2017

Fox – EU adopts sanctions against Venezuela – 13 November 2017

The Guardian – ‘At home, we couldn’t get by’: more Venezuelans flee as crisis deepens – 17 July 2017

The Guardian – I gave US ‘compromising’ evidence on Venezuela officials – ex-chief prosecutor – 13 October 2017

The Guardian – ‘I will be back’: Violin-playing face of Venezuela’s protests injured in clashes – 22 July 2017

The Guardian – Trump’s latest travel ban: what’s new, who’s covered, and why now? – 25 September 2017

Human Rights Watch – Questionable Elections in Venezuela – 23 October 2017

Independent – Venezuela’s president accused of crimes against humanity – 16 November 2017

LA Times – Driven by unrest and violence, Venezuelans are fleeing their country by the thousands – 19 October 2017

The Local – Journalists including Italian, Swiss arrested over Venezuela prison report – 8 October 2017

Miami Herald – Venezuela’s opposition leader barred from leaving the country – 18 May 2017

NBC – Venezuela’s New Constitutional Assembly Ousts Anti-Maduro Prosecutor Luisa Ortega – 5 August 2017

New York Times – How Venezuela Fell Into Crisis and What Could Happen Next – 27 May 2016

New York Times – Venezuela’s New Leaders Begin Their March Toward Total Control – 4 August 2017

New York Times – Venezuelan Court Revises Ruling That Nullified Legislature – 1 April 2017

New York Times – Venezuelan Opposition Denounces Latest Vote as Ruling Party Makes Gains – 16 October 2017

New York Times – Venezuela Tries Protestors in Military Court ‘Like We Are in a War’ – 12 May 2017

New York Times – Venezuela Votes for Governors in a ‘Deficient Democracy’ – 14 October 2017

PBS – Venezuelan opposition wins supermajority in National Assembly – 9 December 2015

Reuters – Activist Tintori says she is barred from leaving Venezuela – 2 September 2017

Reuters – Maduro taps major general to lead Venezuela’s deteriorating oil industry – 26 November 2017

Reuters – Slain Venezuelan protester’s father appeals to ‘friend’ Maduro – 23 June 2017

Reuters – Trump slaps sanctions on Venezuela; Maduro sees effort to force default – 25 August 2017

Reuters – Venezuela jails opposition leaders in new crackdown on opponents – 1 August 2017

teleSUR – Supreme Court Declares Opposition’s Naming of Judges Invalid – 21 July 2017

U.N. News Centre – Human rights violations indicate repressive policy of Venezuelan authorities – UN report – 30 August 2017

U.N. News Centre – Venezuela bans Attorney General from leaving country; UN rights office voices concern – 30 June 2017

U.N. News Centre – Venezuela: UN human rights chief regrets opposition leader being blocked to travel – 19 May 2017

Washington Post – In Venezuela, prisoners say abuse is so bad they are forced to eat pasta mixed with excrement – 24 June 2017

Washington Post – Report: More than 500 people were killed in two years in Venezuelan government’s anti-crime campaign – 5 October 2017

Washington Post – Venezuela’s democracy is fake, but the government’s latest election win was real – 17 October 2017

Washington Post – A young Venezuelan made his violin an instrument of resistance. The government hit back – 28 August 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duterte’s War on Drugs in the Philippines

By Brian Kim

Impunity Watch Special Features Editor

Edited By Yesim Usluca

Impunity Watch Senior Special Features Editor

On June 30, 2016, Rodrigo Duterte was sworn in as the Philippines’ 16th president. After beating three opponents, Duterte won the presidential election by sixteen million votes with his “change is coming” message. Throughout the campaign, Duterte was referred to as “the Punisher” for his tough policies against alleged criminals and drug dealers.

When first elected to his six-year term, Rodrigo Duterte faced a number of pressing issues. Although the nation of ninety-eight million people was considered one of Asia’s best-performing economies, the sluggish growth since the end of the Ferdinand Marcos dictatorship was visible to its citizens. With 60% of the total labor being employed by small-and medium-sized enterprises (SMEs), many Filipinos still faced significant financial issues. With its capital, Manila, dominating the economy, terrible traffic and deteriorating infrastructure made the city unlivable.

Rodrigo Duterte shakes hands with the outgoing President Benigno Aquino. (Photo courtesy of Ted Aljibe)

Aside from policy issues, Duterte quickly formed his government to begin implementing his initiatives. He surrounded himself with a very capable economic team who could stabilize and build on the current economy. His other cabinet picks included a wide array of politicians with great records. Furthermore, he selected the national police chief who is known for his tough approach to criminality.

Although there were a number of other pressing issues facing the country, President Rodrigo Duterte was most famously elected to “eradicate” drugs, crime and corruption in six months. During his time as the mayor of Davao City for twenty-two years, although challenged by some, he is credited for turning the city from the Philippines’ most deadly into one of its safest.  In the city of 1.5 million, Duterte conducted an operation to execute suspected criminals in the street. As a candidate for the Philippines’ 2016 presidential elections, Duterte vowed to kill 100,000 criminals while in office in order to control the country’s crime problems.

At his election victory event in Davao City, he encouraged ordinary citizens to kill by saying “do it yourselves if you have guns, you have my support.” After he took office, he went further and again urged his citizens to kill drug addicts as “getting their parents to do it would be too painful.” He blatantly stated that he did not care about human rights or due process in his country if it could eliminate the drug and crime issues in the Philippines.

Since taking office, Duterte ordered his police force to eliminate criminals. By rewarding police officers who killed drug lords with cash prizes, police killings in the Philippines rose 400% nationwide.  In fact, Duterte promised to protect the police from prosecution if they killed suspected drug dealers. This began his six-month campaign to fight against the drug problems in the Philippines.

When Duterte was first elected to office, around 1,027 people were killed during police operations based on the national police report data gathered from July 1 to September 5, 2016. With over 15,000 arrests and 686,000 surrendering voluntarily to police, the war against drugs had a huge impact on its citizens from the beginning. At the time, according to records, there were at least 1,500 pending cases under the category of “found dead body, under investigation.” Despite the increased number of police killings in the country, the national survey showed around 91% of Filipinos having a “high degree of trust” with their new government.

Towards the end of September 2016, President Duterte’s government demoted a high-profile politician from serving as the head of a committee investigating Duterte’s extrajudicial killings. Senator Leila de Lima, a former Justice Secretary, had led the opposition against the government’s war on drugs. Senator de Lima had claimed that over 3,000 have been killed in the eleven weeks since Duterte was sworn into office. Among the many deaths, Maria Aurora Moynihan, daughter of British baron Anthony Moynihan, was regarded as one of the highest profile victims. She was found shot dead with a sign over her body reading “drug punishers to celebrities, you’re next.” In a recent investigation, hitman Edgar Matobato testified under oath that Duterte ordered him to assassinate criminals while serving as the mayor of Davao City. He further claimed that Duterte himself had killed an agent and that the President’s own son was a drug user.

Although Duterte’s government justified the removal of Senator de Lima by stating that she was using the committee for “personal political vendettas,” many strategists believe that it was due to the recent incident with Matobato and his testimony.

Moreover, soon after Matobato’s testimony, President Duterte released a list of 1,000 “narco-politicians” and other officials with suspected drug links. Many analysts believed that the list indicated that the anti-drug campaign would be longer than six months and that Duterte was ready to ask for an extension.

Since Senator de Lima’s removal from her post, many began to doubt the country’s democracy. Human Rights Watch stated that Senator de Lima’s removal was a “craven attempt to derail accountability for the appalling death toll from the abusive war on drugs.”

In October 2016, President Duterte gave a speech in Manila which included police statistics on his drug war operation. In his speech, he claimed that two policemen were dying everyday due to the war with illegal drugs. However, based on the official data, only thirteen police officers were killed in a three-month period. During this time, numerous reports came out claiming that Duterte was exaggerating statistics to make a claim for his campaign. In fact, on July 25, 2016, President Duterte, during his inaugural address to the nation, claimed that there were 3.7 million “drug addicts” in the Philippines. However, based on a survey conducted by the Office of the President’s Dangerous Drugs Board (DDB) in 2015, the Philippines has fewer than half the number of “drug addicts” stated by Duterte. Based on DDB data, about a third of the 1.8 million drug users had taken drugs only once in the previous thirteen months. The records also showed that around 860,000 consumed drugs, such as crystal meth, or shabu, which are considered highly addictive drugs.

Rodrigo Duterte appoints Aaron Aquino as the head of the Philippines Drug Enforcement Agency. (Photo courtesy of EPA)

In his address in September 2016, Duterte claimed that the number of “addicts” would rise to four million and declared that the anti-drugs operations in his country would go on until June 2017.

In addition, a booklet handed out by Duterte’s government in September 2016 at a regional summit in Laos stated that 75% of the country’s “heinous crime” is drug-related. However, per the booklet, the definition of heinous crimes include murder, rape, human trafficking and treason, not drug crimes.

Keeping his promise, the anti-drug campaign extended into 2017 and the Philippine police released additional statistics. According to newly obtained information, the government performed over 40,000 anti-drug operations from July 1, 2016 to January 7, 2017. During this time, over 2,000 drug abusers were killed and around 44,000 people were arrested for drug-related offenses.

Furthermore, the police visited six-million houses during this period to persuade suspected abusers to submit themselves to a drug rehabilitation program. Based on these visits, over one-million people surrendered. The police further recognized that over 4,000 suspects were killed by vigilante-style killings, which is considered the most controversial feature of Duterte’s campaign. Finally, around thirty police officers and three soldiers were killed during the six-month period.

Many supporters of President Duterte and his campaign viewed these statistics as positive figures as the country vows to turn its tide on drug related crimes. However, many human rights organizations raised serious concerns over how the campaign was being carried out in the country.

The campaign came to a brief halt in January 2017 when rogue officers killed a South Korean businessman, Jee Ick-joo. Following the death of Mr. Ick-joo, President Duterte stated that he was “embarrassed” that the officers engaged in kidnapping which led to the South Korean’s death. Duterte’s police chief, Ronald de la Rosa stated that the police “will dissolve all anti-drug units in the police.” Although the killings did not stop entirely, around sixty-nine people were killed in March, which is at a much slower pace than previous rate of killings.

 

After the killing of Jee Ick-joo, President Duterte has tapped the Philippine Drug Enforcement Agency (PDEA) to lead the anti-drug campaign. Since the agency took over the campaign, Duterte was reported to take a “hands-off” approach when dealing with the drug war. He went even further and instructed the agency to not provide reports to him and left it completely up to the agency to execute the operation.

Despite the brief pause, President Duterte solidified his campaign in September 2017. In a vote of 119 to 32 in the country’s congress, the Philippines government reduced the annual budget of the Commission on Human Rights from $17 million to just $25.

The opposition members believed that this was the government’s retaliation against the Commission on Human Rights for being critical of President Duterte’s war on drugs. Phelim Kine, deputy Asia Director for Human Rights Watch, accused the government of attempting to eliminate independent institutions from investigating President Duterte’s possible examples of abuse of power. Congressman Edcel Lagman, who opposes the budget cut, stated that the President is “virtually imposing the death penalty on a constitutionally created and mandated independent office.”

As President Duterte’s anti-drug war continued, in September 2017, the President’s eldest son, Paolo Duterte appeared before the Senate and denied any connection to a seized shipment of $125 million worth of drugs from China. Many opposition members alleged that Paolo Duterte assisted in easing the entry of the drugs, but the President’s son denied the allegations. President Duterte has repeatedly stated that he will resign as president if any of his family members were involved in corruption.

The international community has been critical of President Duterte’s war on drugs. Recently, the International Association of Democratic Lawyers (IADL) called upon Duterte’s government to end all extrajudicial killings in the country. The organization cited “several credible reports and documentation” showing that many extrajudicial killings, illegal arrests, and internal displacements were occurring. Moreover, as an organization with a consultative status in the United Nations Economic and Social Council, the group cited that “the number of individuals suspected to be involved in illegal drugs who apparently fell victim to extrajudicial or summary killings during the administration of President Rodrigo Duterte ranges from 8,000 to 12,000 dead.”

In addition, earlier in November 2017, many human rights experts at the United Nations released a joint statement insisting Duterte’s government to cease any attacks and killings under the president’s war on drugs.

Conversely, President Duterte was also vocal in the international stage. At the 31st Association of the Southeast Asian Nations (ASEAN) Summit in November 2017, Duterte shared harsh words with Canada’s Justin Trudeau for commenting on his war on drugs campaign. Duterte characterized the comments made by the Canadian prime minister as “insulting” and said that “I only answer to the Filipino. I will not answer to any other bullshit, especially foreigners. Lay off.”

Last year, Duterte made headlines for insulting former President Barack Obama when he raised serious concerns about Duterte’s campaign and its human rights violations. After the comments were made by the former president, Duterte announced that he would break all ties with the United States. However, since President Donald Trump took office, the relationship has regained its strength.

President Donald Trump and President Duterte met during a bilateral meeting at the ASEAN Summit. During the visit, President Trump did not mention Duterte’s drug war. Instead, Trump praised Duterte’s hospitality. The White House stated that the meeting primarily focused on ISIS, illegal drugs, and trade. However, the Philippines government stated that the two leaders talked at length about the Philippine’s war on drugs. Unlike former U.S. leaders, President Trump did not mention human rights issues. The two men spoke previously over a phone call where President Trump commended Duterte on his anti-drugs operations. Moreover, during the call, Trump allegedly criticized his predecessor, President Barack Obama, and stated that he “did not understand” the drug issues facing the Philippines.

The recent reports out of the Philippines still showed a strong support for President Duterte’s war against drugs. Since the beginning of his pledge to control drugs and crime in the country, international human rights organizations reported that around 13,000 people have died from extrajudicial killing in the country. However, Duterte remains a very popular figure in the country as most are not impacted by his campaign. Statistics show that seven out of ten Filipinos still support Duterte’s war on drugs. Many believe that it is because the killings are happening in the poorer parts of the country.

President Rodrigo Duterte and President Donald Trump holds a bilateral meeting at the ASEAN Summit. (Photo courtesy of New York Times)

In an address to his country, Duterte instructed the Philippine National Force to stop all operations related to the campaign. Although the killings have not stopped completely, it is seen as a positive step towards stopping extrajudicial killings in the country. Following the recent changes, President Duterte appointed a new chief to the Philippines’ anti-drug agency, PDEA, Chief Aaron Aquino. Since Chief Aquino began his position, only one suspect had been killed in 1,341 operations.

Under Chief Aquino’s leadership, the agency vowed to wear body cameras when conducting operations to show that they are following the law. In a recent statement, he stated that he hoped the operations would be transparent and asked “the media to join in on the operations so they will see everything from the very start of the operations to the end.”

The PDEA has stated that they have arrested more than 400 people in the month of October and apprehended around $1 million worth of illegal drugs. Although the Philippines National Police (PNP) withdrew from leading Duterte’s anti-drugs operations, Chief Aquino noted that the PNP is still being consulted on “high level” operations. This is partly due to the shortage of officers available to PDEA as the PDEA has around 2,000 officers compared to the country’s 165,000 police officers.

President Duterte recently stated that if the drug problems worsen, he is willing to put the PNP in charge of the operations once again.

 

For more information, please see: 

ABC – Philippines: Commission on Human Rights budget cut to almost nothing amid Duterte’s drug crackdown – 13 September, 2017

ABS CBN – Int’l lawyers’ group urges Philippines to end killings, rights abuses – 30 November, 2017

Al Jazeera – Philippines: Inside Duterte’s killer drug war – 8 September, 2016

BBC – Duterte drug war: Philippines cuts rights body’s budget to $20 – 12 September, 2017

BBC – Philippine anti-drug agency chief vows ‘rule of law’ – 23 November, 2017

CNBC – Doubts grow over democracy in the Philippines after Senator Leila de Lima’s ousting – 22 September, 2016

CNBC – Trump does not publicly rebuke Duterte for drug war killings – 13 November, 2017

CNN – Rodrigo Duterte inaugurated as Philippines president – 30 June, 2016

The Diplomat – Duterte’s ‘War on Drugs’ in the Philippines: By the Numbers – 9 January, 2017

The Guardian – Rodrigo Duterte calls Justin Trudeau’s questions about war on drugs an ‘insult’ – 14 November, 2017

The Guardian – Thousands dead: the Philippine president, the death squad allegations and a brutal drugs war – 2 April, 2017

Huffington Post – Duterte Deploys Questionable Data To Justify The Philippines’ Drug War – 24 October, 2016

The Independent – Philippines cuts its human rights budget to £15 – 13 September, 2017

NPR – Philippines’ Rodrigo Duterte Sustains Support For Deadly War On Drugs – 13 November, 2017

Time – Rodrigo Duterte Has Been Sworn In as President of the Philippines – 30 June, 2016

 

 

 

 

 

Syria Deeply: The changing role of women in Syria, escalation in de-escalation zones and tension rising on Syria-Turkish border

 

Jan. 16th, 2018

 

 

 

 

Welcome to Syria Deeply’s weekly summary of our top coverage of the crisis in Syria.

Syria’s future is female: Syria Deeply and the Tahrir Institute for Middle East Policy (TIMEP) partnered to create Syria’s Women: Policies and Perspectives, a project that aimed to challenge stereotypes and generalizations about the impact of war on Syrian women and their role in the country’s future.

We provided new perspectives on the role of Syrian women in education, peacebuilding, media, preserving cultural heritage, politics and the economy. We also covered underreported issues related to violence against women and barriers to women’s advancement to foster a nuanced and comprehensive understanding among the public and policymakers working to change these realities.

Join us on Thursday January 18 at 10:30 a.m. EST, as Syria Deeply hosts a live conversation with Marvin Gate, founder of Humans of Syria, Anna Lekas Miller, journalist and contributor to our series, Yisser Bittar from the Karam Foundation, and Hassan Hassan, senior fellow at TIMEP, about the changing role of women in the humanitarian, media and public sector and the future challenges women face in having a voice in traditionally male-dominated fields.

To RSVP and to receive dial-in instructions click here. If you’d like to ask our editor or guests a question, please email our community editor Kim Bode (kim@newsdeeply.com) or tweet us at @SyriaDeeply or @TimepDC with the hashtags #SyrianWomen and #DeeplyTalks.

Escalation in de-escalation zones: Aerial bombardment and ground clashes continued this week in the northwestern province of Idlib and the Eastern Ghouta region of the Damascus suburbs – two areas designated de-escalation zones.

Pro-government forces advanced toward the strategic Abu Zuhour military airport in southern Idlib over the weekend. On Monday the Syrian pro-government al-Watan newspaper said the Syrian army and its allies were “encircling” the airbase.

Fighting and increased Syrian and Russian airstrikes in Idlib in recent weeks have already forced at least 100,000 civilians to flee, according to the United Nations.

Airstrikes, missiles and shelling targeted the Eastern Ghouta at least 250 times on Monday, according to the Syrian Observatory for Human Rights (SOHR). The monitoring group said that at least 195 civilians have been killed in aerial bombardments in the area since December 29. Last week, the U.N. put the death toll in Eastern Ghouta at 85 civilians since the start of the year, and on Sunday UNICEF said at least 30 children have died in that time.

Tensions rise on Turkey-Syria border: Turkish president Recep Tayyip Erdogan announced on Monday that an operation against the Kurdish-controlled northwestern Syrian cities of Afrin and Manbij might start at any moment, according to Turkish state-run news outlet Anadolu Agency (AA).

“Our preparations are finalized, an operation may start at any moment,” Erdogan said, adding that “then, the turn will come for other regions.”

AA also reported that Turkey has recently deployed reinforcements to support Turkish forces already stationed along Syria’s border.

Erdogan has threatened a military operation in Afrin before, but this latest announcement comes amid reports that the United States-led coalition plans to train Kurdish and Arab fighters in the area to become a Border Security Force (BSF). The force will operate under the leadership of the Kurdish-dominant Syrian Democratic Forces (SDF).

“Currently, there are approximately 230 individuals training in the BSF’s inaugural class, with the goal of a final force size of approximately 30,000,” CJTF-OIR Public Affairs Officer Colonel Thomas F. Veale told the Defense Post.

Turkey, Russia and Syria denounced Washington’s plan, and the latter called it “a blatant encroachment upon the sovereignty, unity and territorial integrity of Syria.”

 

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