Impunity Watch: South America

BRIEF: UN Statement on Colombian Refugees in Ecuador

QUITO, Ecuador - The United Nations High Commission for Refugees (UNHCR) made a public statement on Monday regarding the refugee situation in Ecuador.  Approximately 59,000 Colombians have fled the oppression and violence in their native country.  This group is now living in the five northern provinces of Ecuador, and the host communities are becoming overstretched.

The UNHCR is opening an office in Ecuador to offer education, health services, and protection to the refugees and the host communities.  Authorities within Ecuador along with the UNHCR are trying to devise a system through which refugees may register and obtain documentation.  Some of these refugees have been living on the Ecuadorian border for over a decade, while the recent arrivals are increasing and straining the Ecuadorian regions.

UN News Centre - More Colombian refugees need support in Ecuador, says UN agency – 22 February 2008

Xinhua News Agency - UN: Ecuador hosts 59,000 Colombian refugees close to border - 25 February 2008

Acclaimed Poet’s Granddaughter Re-Opens Case; Brings to Light Uruguay-Argentina Collaboration in the Disappearing of Dissidents

By Oscar J Barbosa
Impunity Watch Reporter, South America

MONTEVIDEO, Uruguay – Juan Gelman will receive the Cervantes Prize, the most prestigious award for Spanish-language literature in April this year.  Gelman’s son Marcelo and his pregnant wife, Maria Claudia Garcia, had disappeared 1976. Marcelo’s remains were found in 1989.

Marcelo was assassinated, and his 19-year-old wife was transferred to Uruguay. Maria Claudia was one of an unknown number of political dissidents seized in Argentina and sent to Uruguay as a part of Operation Condor (Plan Cóndor), a regional cooperation agreement among military dictatorships to find and "disappear" dissidents.

Human rights groups maintain that nearly 30,000 people were killed or disappeared during Argentina's 1976-83 military rule. In neighboring Uruguay, some 29 people disappeared under a 1973-1985 dictatorship.

Macarena Gelman was born in captivity and given to a military family for adoption without knowing her true identity, she said. She discovered her identity in 2000, and re-established the lost relationship with her grandfather, Juan.

Macarena asked Judge Pedro Salazar to reopen the case of the kidnapping and killing of her parents, as well as crimes against her person during her mother’s pregnancy. In October 2005, Uruguayan authorities underwent investigations, and when several soldiers allegedly involved were to be called for statements, a court ordered the lawsuit shelved, arguing it was protected by the Expiry Law, which prevents the prosecution of authorities from the time of the dictatorship (1973-1985).

After requesting the re-opening of the case, Macarena gave a press conference in the Argentinean Embassy in Montevideo. Argentinian Ambassador Hernán Patiño Mayer mentioned that his government has a great interest in the case and entrusts Uruguay’s Justice System with the clarification of the facts, judgment, and penalty of the individuals responsible and the finding of the Maria Claudia’s remains. Ex-chair of the Service of Defense Information Jorge Silveira, and Lieutenant Coronel José Gavazzo, have been fingered as allegedly responsible for killing Macarena’s parents.

"… no regime, however oppressive or dictatorial it may be, can kill people's capacity to dream and yearn. That mutilation is impossible. Over time, it gushes up, it sprouts." Juan Gelman.

For more information, please see:

 

AP - Poet's Granddaughter Seeks Killing Probe – 27 February 2008

Prensa Latina – Daughter Demands Truth in Uruguay – 26 February 2008

La Jornada - Nieta de Gelman pide reabrir causa por el asesinato de su madre – 27 February 2008

Pagina 12 - “Espero que de alguna manera se rompa el pacto de silencio” – 27  February 2008

Kidnappings Continue to Plague Colombia's Border

By Jessalyn Mastrianni
Impunity Watch Reporter, South America

VILLA DEL ROSARIO, Venezuela - President of Venezuela, Hugo Chavez, insists that the National Liberation Army (ELN) and the Revolutionary Armed Forces of Colombia (FARC) have ceased all kidnapping attempts within the state and are no longer holding any Venezuelan citizens.

However, ransom kidnappings along the Colombian border rose 48% last year, totaling an estimated 382 people.  However, this number may be lower than the actual amount because most people, instead of reporting the kidnappings, they pay ransoms that can require up to $1 million.

Although rebels no longer claim responsibility, ranchers continue to fear guerrillas in “no-man’s land” in the mountains that form the border between Venezuela and Colombia (Sierra de Perija).   They have either abandoned their farms in the area, or carry two-way radios to alert neighbors.  This insecurity is seriously effecting the dairy production in Venezuela.

Two anonymous ELN fighters have reported to the Associated Press that corrupt Venezuelan intelligence agents have been giving ELN fighters information, and the guerrilla fighters do the kidnapping without identifying their rebellious leaders.

Alexander Pavon’s mother and brother were kidnapped in 2003, but when investigators set the only man in contact with the kidnappers free, Pavon lost touch with the kidnappers and has not heard from them since 2004. 

Similarly, Porfirio Davila was kidnapped by gunmen in 2002 who actually identified themselves as ELN.  He remains in their custody.

Another recent kidnapping went very wrong in the “lawless grasslands near the border.”  Eustacio Galindo (age 70), his farmhand, and his son were checking the dairy production on his ranch, when kidnappers forced them at gunpoint into a sports utility vehicle.  Galindo lost control and the SUV flipped killing him and the farmhand.  Galindo’s son was shot in the neck before the assailants fled the scene.

With all of these incidents fresh on ranchers’ minds, they openly blame the government, stating that kidnappings are not a priority for Chavez, who has been known as sympathetic to the rebels’ cause.  They are frustrated because Chavez recently negotiated with leftist rebels to free Colombian hostages, and they continue to ask, “What about us?”

For more information, please see:

Washington Post (AP) – Kidnappings Plague Venezuelan Ranchers – 26 February 2008

Miami Herald - Venezuelan families seek aid for abducted kin – 26 February 2008

AP - Kidnappings Plague Venezuelan Ranchers – 26 February 2008

Former Official, One of Many to be Tried in Argentina

By Jessalyn Mastrianni
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina- The former interior minister of Argentina, General Albano Harguindeguy, was interrogated and placed under house arrest (a privilege frequently afforded to people over 70) last week. The man labeled “the butcher” is being charged with his involvement in abductions during the military dictatorship during 1976-1983. He surrendered peacefully at his home.

General Albano Harguindeguy submitted to two hours of questioning on February 19, 2008 regarding the kidnapping of businessman (in addition to another Mr. Gutheim in order to force him into a business deal. Gutheim was released a year after his abduction.

Harguindeguy has already served time for this crime but was subsequently pardoned by then-president of Argentina, Carlos Menem’s blanket pardon for dictatorship crimes. Under the new president, these cases have been reopened since the nation’s Supreme Court annulled the amnesty laws protecting former dictatorship officials.

Another cases regarding the “Dirty War” dictatorship crimes is the trial of Cristino Nicolaides (a former general who was recently convicted of kidnapping and torture and was sentenced to 25 years in prison) along with three other former army officers and two ex-members of the military police for their roles in five abductions during the same time period.

The extradition of Eduardo Almiron, who is accused of belonging to a death squad during the dictatorship also took place this month. General Harguindeguy is likely to have played a key role in this state-organized terrorism that led to what human rights group estimate to be 30,000 political deaths.

 

For more information, please see: 

AP- Argentine Dirty War Trial Opens – 5 February 2008

The Earth Times – The ‘butcher’ of Argentine’s dictatorship arrested – 19 February 2008

United Press International – Ex-minister questioned on abductions – 20 February 2008

CNN (AP) – Ex-Argentine official held in abduction probe – 19 February 2008

 

Government Response to Strikes Results in the Deaths of Four Protesters and Loss of Rights

By Oscar J Barbosa

Impunity Watch Reporter, South America

LIMA, Peru – After two days of agrarian strikes on Monday and Tuesday last week, the state’s use of force left four-people dead and about seventy-three injured. The farmers had blocked routes in the coast and in the interior regions of Peru to persuade the government to implement safety-nets to prevent any harmful consequences from the Free Trade Agreement with the United States.                            

During the blockade in the region of Ayacucho, Rubén Pariona Camposano and Emiliano García Mendoza were killed by the police with shots to the head; a third protester was also shot killed in the region of Barranca. Santiago Lloque died in Arequipa, after falling off a 100 meter cliff while escaping tear gas. At least 33 police officers were also hurt during the strikes, but there were no fatalities.

Peruvian President Alan Garcia responded to the events by defending the state's actions with a national security rationale and added that those events had been instigated from abroad. The President of the Chancellery of Ministers, Jorge del Castillo, also commented that the organizers of the strikes are liable and were responsible for the deaths of the farmers.

Del Castillo added that the prohibition of public gatherings, search and seizure without warrant, and restriction of free-movement, decreed by the government were necessary to protect public order. The Interior Minister Luis Alva Castro presented to the national parliament that the police and military cannot be seen as responsible for the deaths during the strikes.

Congresswoman Juana Huancahuari affirmed that state sponsored oppression was a violation of human rights, and added that the government had assassinated innocent farmers that protested the government’s abandonment. Since July 2006, Alan Garcia’s administration has confronted strikes from professors, doctors, nurses, sailors, miners, farmers, mortuaries, and the working-force in general.

In other strikes in Cuzco, locals protested against a new decree that promoted private development in tourist areas with rich anthropological and cultural history. About 200 protesters stormed Cuzco’s airport. PeruRail, the only train line to Machu Picchu -Peru’s top touristic attraction and world wonder- announced suspension during Thursday and Friday in response to protests in the region. Because of the manifestations, about 2000 tourists’ plans were affected. 

 

For more information, please see:

Pulsar - Gobierno peruano avala represión policial a bloqueos en paro agrario – 22 February 2008

La República - Trasladan a Lima heridos durante paro en Ayacucho - 21February 2008

Pulsar - Represión policial mata a cuatro campesinos durante huelga agraria en Perú – 20 February 2008

Herald Tribune - Peru protesters block roads to oppose development, force closure of train to famed Inca ruins – 21 February 2008

Telesur - Nueva represión a protestas campesinas dejó un muerto y 73 heridos en Perú – 20 February 2008

Venezuelan Business Chamber Critical of Chavez Bombed

PHOTO: AP

By Christopher Gehrke
Impunity Watch Senior Desk Officer, South America

CARACAS, Venezuela – A small bomb exploded near the headquarters of Venezuela’s business chamber today, killing one person.

The explosion occurred at 1a.m. local time in La Florida, a middle-class district in Caracas, at the entrance of the Fedecamaras business chamber headquarters.  The individual killed was identified as Hector Armando Abreu, an “honorary police inspector.”  It is unknown if he was involved in planting the bomb.

“There’s a person who was close by, and presumably could have been hit by the shock wave,” Federal Police Chief Marcos Chavez told the Associated Press.  “We still have not identified the person.”

Fedecamaras President Jose Manuel Gonzalez said that the explosion could have been designed to frighten business leaders who had been critical of Venezuelan President Hugo Chavez.  Last week, Gonzalez criticized Chavez for accusing local businesses of accumulating products to sell at a later time at inflated prices. 

Chavez had warned that any business stockpiling goods “should be seized and taken under government control.”  (See IW article.) Chavez also declared that Venezuela’s largest food producer, Empresas Polar, was a “clear example” of this type of business.

“These actions do not intimidate us.  They commit us to continue fighting for Venezuela,” Gonzalez said.

Reuters reports that Fedecamaras opposes Hugo Chavez’s left-wing government.  A Fedecamaras official was the de facto president for two days during a short-lived coup against Chavez’s government in 2002.

Unidentified individuals have thrown small explosives at the Fedecamaras offices in recent years, according to the chamber’s deputy vice president, Lope Mendoza.  The headquarters has also been vandalized by government supporters wearing red – the color of Chavez’s ruling party, according to the AP – who spray painted pro-Chavez slogans on its walls.  No one was arrested.

For more information, please see:
International Herald Tribune (AP) – Bomb explodes outside Venezuela business chamber, killing 1 – 24 February 2008

Reuters – Blast kills one at Venezuela business chamber – 24 February 2008

International Business Times (AP) – Bomb Kills 1 at Venezuela Chamber – 24 February 2008

FARC to Release Four Hostages, One More Than Expected

By Jessalyn Mastrianni
Impunity Watch Reporter, South America

BOGOTA, Colombia – The Revolutionary Armed Forces of Colombia (FARC) has been holding about 750 hostages for years, and hopes to exchange them for rebels in South American prisons.  The Marxist guerilla group has been negotiating with Venezuelan President Hugo Chavez to facilitate the release of some of the hostages.  After FARC released two hostages in January, however, Mr. Chavez was removed from his official mediation after he publicly stated that the group should not be labeled as terrorists. 

Alvaro Uribe, president of Colombia, as well as France's foreign minister Bernard Kouchner have been negotiating with FARC as well, although FARC may be slowing down releases to persuade officials to include Chavez in negotiations.

On January 31, 2008, FARC announced that it would release three hostages in return for Mr. Chavez’s mediation efforts.  The three hostages that will be released are former Colombian lawmakers Luis Eladio Perez, Gloria Polanco and Orlando Beltran.  These three are said to be in declining health.  Polanco was abducted with her children in 2001.  Her children were liberated, but their father was killed shortly after the release.  Beltran has been held captive for seven years, and his wife and children are looking forward to the release.

On February 21, 2008, FARC offered to release one more hostage politician, along with the three former politicians “in the coming days.”  No date has been set for this release.  Defense Minister Juan Manuel Santos said he had intelligence on the whereabouts  of the three politicians, as well as the fourth, Jorge Gechem, whose family says he is about to be released due to health issues.

This potential release, as well as the release of hostages last month, has fueled hopes for a broad hostage agreement with FARC, for which attempts in the past years have been fruitless due to FARC’s demilitarization demands.

For more information, please see:

Reuters – Colombia demands swift release of FARC hostages – 21 February 2008

Bloomberg L.P. - Colombian Guerrillas Add Hostage to Planned Release – 20 February 2008

Los Angeles Times (Reuters) – Impending Hostage Release – 4 February 2008

BBC news – Farc ‘to release another hostage’ – 21 February 2008

Buenos Aires Ex-Commissioner Enjoyed Privileges During Life Sentence

By Oscar J Barbosa
Impunity Watch Reporter, South America

LA PLATA, Argentina – Alfredo Fanchiotti was in charge of the state-sponsored repression known as “Masacre de Avellaneda,” or "The Massacre of Avellaneda." The events took place on June 26^th of 2002, and were orchestrated by Ex-President Eduardo Duhalde and Buenos Aires Governor Felipe Sola’s administrations.

Demonstrators attempted to cross the Pueyrredon Bridge for a massive protest in Plaza de Mayo as a manifestation against Argentina’s institutionalized economic crisis. Maximiliano Koseki and Darío Santillan died by Fanchiotti’s bullets, and 33 protesters were harmed by police-fired shots.

(Photo: Clarin)

The government initially denied responsibility, but further investigations and photographic evidence showed Fanchiotti and his team executing the victims. Fanchiotti was found guilty of double-homicide and sentenced to life in prison on January 9, 2006. Family of the victims, civil organizations, and even other detainees had denounced the privileges enjoyed by Fanchiotti during detention in the Olmos since June 2007, but the Government of Buenos Aires was not responsive.

Olmos is the first evangelical prison in Argentina.  Here, religious fervor and biblical studies are mandatory for every prisoner except, supposedly, Fanchiotti. The ex-Commissioner was allegedly not subject to regular prison activities, he enjoyed permanent visits, and would leave reclusion at free will and had access to cell phones.

The Human Rights Secretariat of the Buenos Aires Province took action on February 20^th . The Secretariat demanded and facilitated Fanchiotti's transfer to a maximum security prison and the investigation of the officers in charge of the Olmos prison. The alleged privileges came to light after one of his exits, on January 10^th, was registered by a penitentiary service functionary. The transfer was confirmed by Buenos Aires Justice Minister who added that although there were irregularities, the system still works.

In addition to Argentina’s crisis, the episode in 2002 caused Eduardo Duhalde’s government to crumple, and presidential elections were hastened. Buenos Aires Governor Felipe Solá has served consecutive terms and remains in office.

For more information, please see:

Clarin - Descubren que Fanchiotti salía de la cárcel e intervienen el penal de Olmos - 21 February 2008

Pulsar - Fanchiotti salía de la cárcel donde cumplía su condena en Argentina - 21 February 2008

Página 12 - Una vieja advertencia - 21 February 2008

La Nacion - Fanchiotti ya está en una cárcel de máxima seguridad - 21 February 2008

Masacre de Avellaneda - Website – 09 March 2006

Colombian Soldiers Convicted for 2006 Ambush

PHOTO: CNN (AP)

By Jessalyn Mastrianni
Impunity Watch Reporter, South America

CALI, Colombia- On Monday, February 18, 2008, Lt. Col. Byron Carvajal (see photo) and fourteen of his soldiers were convicted for the murder of ten counternarcotics police agents in an ambush in May 2006.  Carvajal was not on the scene of the ambush, but he was found guilty of giving the orders that led to the ten deaths.

The convicted soldiers claim that they thought the officers were members of the leftist rebel group FARC, but witnesses said that the soldiers opened fire despite the officers crying out that they were police with families.  The ambush took place in Jamundi where an informant told police they could find 220 pounds of cocaine.  The drugs were never found.  Seven grenades and 420 bullets killed the ten officers, who only managed to fire thirty shots in response.  The soldiers suffered no injuries during the massacre.

Prosecutors said the men were protecting important drug barons.  Senior police officials believe bribery was involved.  The corruption in Colombia due to drug trafficking runs so deep that the former prosecutor on the case, after being removed from the case, offered to help the defense in return for $400,000. This bribe has never been paid.

The victims of the ambush were members of the most elite unit of Colombia’s judicial investigative police, who have been working closely with the United States Drug Enforcement Agency to reduce drug trafficking.  Some of these officers were trained in the United States, and the United States has continuously financially aided Colombia in its counternarcotics attempts.

The charges were aggravated homicide.  The men face sentencing between now and April 21, 2008, and they will appeal afterward.  Carvajal and his soldiers still claim innocence, stating that they are true patriots with no motives to kill and that they thought they were attacking rebels. 

For more information, please see:

AP - Colombian soldiers convicted of killing narcotics cops – 18 February 2008

Drug War Chronicle – Latin America: Colombian Soldiers Convicted of Killing Colombian Narcotics Police
    – 21 February 2008

MWC News – Soldiers Guilty of Colombia Ambush – 19 February 2008

Argentina Opens the Court Room Doors to Cases Thought to be Forgotten

By Oscar J Barbosa
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – The Massacre of Trelew had been an impunity mark in Argentina's history for decades. On August 1972, during Alejandro Lanusse dictatorship, a number of militants had been detained in the Almirante Zar Naval Base in Trelew. A guerrilla operation rescued its leaders imprisoned in that base, and then they escaped to Chile. Nineteen of these militants were captured and later machine-gunned in their cells. During the 1970s, the governmental repression led to the capture and disappearing of about 30,000 political dissidents and leftist militants in Argentina.

Some of the soldiers suspected of the crime had been captured in Argentina. These included ex-Captain Luis Sosa and naval officers Emilio del Real and Rubén Paccanini. Another suspect, Carlos Marandino, arrived yesterday from the United States after rendering himself to an Argentinean Embassy. Maradino, a US citizen, was transferred to Chubut, Argentina, where a court will hear his case.

The government had issued an order for Maradino's arrest, and the Interpol had already located him until he decided to surrender at the advice of his attorney. It was assumed that he was located in the US since these officials have family property there; they also obtained military training in the 80’s with CIA participation. Another suspect, Roberto Guillermo Bravo, is also wanted; he is believed to be in the United States as well. 

As a consequence of the massive disappearances in Argentina, many captives gave birth during reclusion, and about 400 kidnapped babies were never seen by their families. Maria Sampallo was one of these babies. Her father and mother were kidnapped in 1977 and never seen again. Maria was born during her mother’s detention, and then given to the care of Osvaldo Rivas and Maria Gomez. Sampallo was told about her parents in 2001 and she has now filed suit against her “adoptive parents” and ex-Capitan Enrique Berthier for abduction and identity-theft.

Argentinean President Menem pushed forward 1980 laws to pardon human rights violations during the dictatorships. These laws were revised by the Argentinean Congress at President Kirchner’s request in 2003. Congress found them to be unconstitutional and gave the green-light for the crimes committed to be taken into court.

For more information, please see:

La Nación - Arribó el cuarto detenido por la masacre de Trelew - 19 February 2008

La Gaceta - Un prófugo se entregó en los EEUU - 19 February 2008

AP - Argentina Arrests 2 in 1972 Massacre - 9 February 2008

Reuters - Hija desaparecidos Argentina inicia juicio a familia apropiadora - 19 February 2008