By Patrick Vanderpool
Impunity Watch Reporter, South America

 BOGOTA, Colombia – Colombia’s high court ruled against a lawsuit which would have legalized same-sex marriage in the country by a vote of 5-4.

The lawsuit, which was filed in September 2009, sought to alter the definition in Colombia’s civil code which defines marriage as “a solemn contract through which a man and a woman unite.” 

Felipe Montoya, one of the lawyers who filed the suit, wanted judges to eliminate the phrase “man and woman” from the code, in order to open up the possibility of a same-sex marriage.  The court ruled that the lawsuit was “flawed” and presented in an “irregular manner.”  

Judge Mauricio Gonzalez Cuervo, president of Colombia’s Constitutional Court, said that “nothing is final, and it is possible to insist on civil marriage for same sex couples in front of the court, but with more detailed arguments because this article will play a vital role within Colombia’s constitution.”

The lesbian, gay, bisexual and transgender (LGBT) community is rallying against the Court’s decision, calling it “unconstitutional” and vowing to seek legislation to ensure equality if the Court fails them.  Marcela Sanchez, director of Colombia Diversa, a Colombian organization which represents the interests of the LGBT community, asserts that, as a result of the Court’s actions, “[Colombia] will lose a unique opportunity to achieve a true concept of equality.”

In addition to Colombia Diversa’s criticisms, gay rights advocates in Colombia planned to protest the Court’s ruling on Friday with demonstrations in Colombia’s capital.

In July, Argentina became the first Latin American country to legalize same-sex marriage after legislators passed a bill giving same-sex couples equal marriage rights.  While the attorney’s likely viewed Argentina’s actions as a broader, more progressive attitude toward the issue, Colombia’s Constitutional Court did not sway from their traditional view.

For more information, please see:

CNN – Colombia gay rights groups protest after court’s gay marriage decision – 12 November 2010

Colombia Reports – Court Blocks Gay Marriage – 12 November 2010

Queerty.com – Did Colombia’s Constitutional Court Turn Down The Gay Marriage Lawsuit Because It Was Too Weak? – 12 November 2010

By R. Renee Yaworsky
Impunity Watch Reporter, South America

IRANDUBA, Brazil—On Sunday, a riot in a jail became the third prison riot in a week in Brazil.  The latest riot resulted in three deaths and has sparked debate over possible human rights violations in the nation’s correctional facilities.

The most recent riot occurred in the jail of a police station in Iranduba, a city in the Amazon.  The prisoners became violent in the early hours Sunday in order to protest the poor living conditions they were subjected to.  The protesters were eventually subdued by police officers, but in the wake of the incident, three prisoners were found dead.  It is unknown how many others were wounded, and whether the deceased were killed by rioters or authorities when they moved in to regain control of the facility.

Brazil’s prisons and jails are frequently overcrowded and can lead prisoners to riot and go on organized hunger strikes.  Sunday’s violence arose after the jail became packed with 40 prisoners.  The jail was designed to hold only eight.
Police officer Geraldo Pereira de Oliveira said that, “After the riot, there were negotiations and the possibility of transferring some prisoners is being studied.”

Sunday’s deadly protest is the third of its kind this week alone in Brazil.  On Wednesday, three prisoners were killed by other prisoners in a similar riot, just 19 miles from Iranduba.  Last Monday, 18 prisoners—four of whom were decapitated–died in a riot in the penitentiary complex in Sao Luis.  A correctional officer was also injured by a gunshot wound.  The riot began when prisoners shot the guard while he was conducting an inspection, then took him and five other guards hostage.  The prisoners announced that they were protesting substandard quality of life in the institution.  The prison is currently inhabited by 4,000 prisoners—double the number that the building was constructed to hold.

In each of the three riots, experts and authorities have determined that overcrowding and unsatisfactory living conditions were the primary impetus for the melee.  In Brazilian prisons, gangs vie for control, their violence unchecked by an inadequate number of correctional officers.

For more information, please see:

Latin American Herald Tribune-Third Brazil Prison Riot in a Week Leaves 3 Dead-15 November 2010

Sydney Morning Herald-Three dead in Brazil jail riot-15 November 2010

Telegraph-Brazil prison riot leaves 18 inmates dead-9 November 2010