LIMA, Peru – Human rights groups in Peru are complaining about setbacks in trials and leniency of punishments for security force members responsible for crimes against humanity during the Peruvian Counterinsurgency War.

The court dealing with these trials is the Sala Penal Nacional, the highest-level court dealing with human rights cases against members of the armed forces.  Since 2009, the tribunal has acquitted 65 accused and convicted only 15.  The rate of impunity within these trials is worrying human rights groups all over the country.

“There’s a clear tendency towards impunity on the part of the Sala Penal Nacional in cases of extremely serious human rights violations, that benefits members of the military and police who should be punished for the crimes they committed,” said Ronal Gamarra, executive secretary of the National Human Rights Coordinating Committee.

Many facing the tribunal have committed several crimes against humanity pursuant to orders from former Peruvian president, Alberto Fujimori.  Gamarra, who took part in the trial against Fujimori, said that those defending the accused are, in essence, “paving the way for an amnesty for the members of the criminal commandos that acted under the former president’s orders.”

While support of the military is one of the main causes of delay in judicial proceedings, military supporters allege that the delay is actually caused by human rights groups and the judiciary.  Peruvian Defense Minister and military supporter, Rafael Rey, recently reported that there is no information on the members of the military who were posted at a number of army counterinsurgency bases.  The report noted that “there are no documents because in the counterinsurgency period military personnel were given their orders verbally, using aliases as a security measure.”  Therefore, Rey concludes, military members being accused are victims of “judicial persecution.” But the lack of documents raises the inference that there was an attempt at hiding crimes against humanity.

Legal Defense Institute lawyer, Carlos Rivera, said that “in many cases, the trials drag on because the armed forces refuse to hand over information about the identity of the members of the military, who operated under aliases, or because they resist putting the accused at the disposal of the justice system.”  In lights of these facts, the military nevertheless accuses human rights groups and the judiciary of dragging out the trials, he added.

In a related investigation of several acquittals, Rivera found an “alarming” willingness of the Sala Penal Nacional to acquit defendants based on “questionable arguments.”  He noted that when perpetrators could not be identified for whatever reason, the tribunal would just assume the murders never happened.

Floria Cano, a lawyer with the Association for Human Rights, said that “Rey asks us to be tolerant of the [military].  Our response is that we are, and we will remain, intolerant of impunity.”  She added that the survivors remain eager to find out the truth and to see justice done.

For more information, please see:

Terraviva – Peru Faces Severe Setbacks for Justice in Cases Involving Military – 21 June 2010

Global Issues – Rights-Peru: Severe Setbacks for Justice in Cases Involving Military – 19 June 2010

IPS – Severe Setbacks for Justice in Cases Involving Military – 19 June 2010

By R. Renee Yaworsky
Impunity Watch Reporter, South America

AMAGA, Colombia—Little hope remains for dozens of workers who are trapped in a coal mine after an explosion.  At least 18 workers were killed and over 50 are still unaccounted for.  Rescue efforts have been stifled by dangerous gases and the fact that rescuers do not have oxygen tanks.

The mine explosion occurred late Wednesday in the San Fernando mine, located in a rural town south of the Antioquia state capital.  The blast happened during a shift change in an access tunnel.  It is believed that a buildup of methane gas was to blame.

“It’s unlikely that there are any survivors given the accumulation of methane gas and carbon monoxide,” Luz Amanda Pulido, Colombia’s National Disaster director, told the Associated Press.  Rescuers have been hindered by intense heat and a collapse in the tunnel.  Officials estimate that the rescue and recovery operation could take two weeks.

President Uribe, who met with miners’ relatives, admitted he felt “helpless” given the dire situation.  “They are now bringing in some fans that were unfortunately not in place before,” he explained, referring to gas extractor fans that were missing in the mine.

Mining Minister Hernan Martinez said the mine lacked basic safety features common to the mining industry, such as a methane ventilation pipe or gas detector. Relatives of the trapped miners said temperatures inside the mine often ranged from 104 to 113 degrees.

A school near the mine was set up as a makeshift morgue.  Coroners said most of the victims died from burns caused by the explosion.  Several bodies were burned beyond recognition.  Survivor Walter Restrepo, who escaped the mine in time, recalled: “A rain of fire fell on top of me.”

The San Fernando mine has about 600 workers and is one of Colombia’s 3,000 underground mines that produce 6 million metric tons of coal each year.  Mine disasters seem increasingly common.  A similar incident occurred a year and a half ago, trapping five miners, one of whom died.  Last year, at a nearby mine, nine miners were killed by an explosion.  No new safety regulations were instituted.

Colombia’s Institute for Geology and Mining will conduct an investigation into the inadequate safety regulations in the mine.  According to Martinez, the mine will not reopen until the investigation is complete.

Half of Colombia’s population lives beneath the official poverty line and working conditions are notoriously inadequate.  High levels of unemployment force youth to risk their lives in dangerous mines that lack safe conditions.  Often the pay in these mines is very low, especially when compared to the hazards involved.

For more information, please see:

Colombia Reports-Government to take care of families of deceased miners-19 June 2010

Axis of Logic-Over 50 miners trapped in a Colombian coal mine-19 June 2010

LA Times-Little hope for 53 missing miners in Colombia-19 June 2010

AP-Little hope for trapped Colombian miners-18 June 2010