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The Brazilian Truth Commission after One Year

December 3, 2013 Comments off

The truth commission investigating repression and state-sponsored violence during Brazil’s military dictatorship of 1964-1985 has recently completed a full year of work, and issued a report of some of its major findings after one year:

Part 1. Hiding of Documentation from the Brazilian State. The Brazilian Navy deliberately concealed information from President Itamar Franco in 1993, when he requested information from the Brazilian Navy, Army and Air Force regarding political disappearances during the dictatorship. By cross-checking a 1972 report of deaths from the CENIMAR with its 1993 response to President Itamar Franco, Truth Commission analysts concluded that in 1972, the CENIMAR already recorded the deaths of many political prisoners, whereas in 1993 they reported that these same individuals were variously exiled, disappeared or imprisoned. The released documents on the 11 individuals presented by Heloísa Starling was the only disclosed information  from the CENIMAR, whereas 12,071 pages of similar documentation remained undisclosed to President Itamar Franco.

Part. 2: Chain of command within the DOI-Codi. “Ultra-secret” documents detailing the structure of the DOI-Codi (Department of Information Operations – Center for Internal Defense Operations), the organ of political repression responsible for the disappearances, tortures and deaths of individuals arrested for opposition to the military regime, reveal that its chain of command reached and included the Brazilian Ministers of Defense, thus implicating the Brazilian State in crimes against humanity. The documents included a chart illustrating how local Secretaries of Defense, the Federal Police and other arms of government intel had three direct lines of communication to the Ministers of Defense—revealing two more in addition to the one of which was known. According to other documents, the DOI-Codi of Rio de Janeiro perpetrated 735 cases of torture between 1970 and 1973.

Part. 3 CENIMAR recognizes violence against its own agents Documents reveal that soldiers were trained by the CENIMAR to become infiltrators of leftist and revolutionary groups, notably to participate in the Student Movement. In a letter to the Minister of the Marines, the Commander of the CENIMAR recognizes that violence was done to one such double agent and that his actions were “full of merit.” This document shows that violence done to double agents was perpetrated to the same degree as normal revolutionaries, and it did not deter further violence, but rather it was seen as an occupational hazard.

Part. 4 The Use of Torture: 1964-1968

The Truth Commission’s research shows that torture had been used as a means of interrogation as early as 1964. It had been originally accepted that the use of torture had began with the Institutional Act Number 5 (“AI-5″), whose suspension of habeas corpus made torture de jure legal. Whereas torture as a means of repression did skyrocket after the imposition of the AI-5, the Truth Commission found that torture has always formed the base of  repression since the installment of the military regime in 1964. Moreover, in 1964, all of the forms of torture which would be used throughout the entire period of the dictatorship had already been taught, used and established as early as 1964.

These are important findings, but not for their newness. Indeed, almost all of these matters have been well-known, and even documented, among historians, activists, human rights workers, political scientists, sociologists, and others. Indeed, taking the issue of the military hiding documents (points #1 above) as an example, this has long been a source of frustration to human rights activists and historians alike: the former because it has prevented the full knowledge of the experiences of the tortured and disappeared and those who perpetrated these acts, the latter because it has made archival work on the period more difficult. However, it has not made such work impossible. Indeed, the numerous branches of secret police and state security apparatuses that operated during the dictatorship resulted in an alphabet soup of organizations like DOI-CODI, DOPS, SNI, DSI, CENIMAR, etc. that were a part of the state’s broad repressive apparatus. Thus, while documents like CENIMAR reports are harder to come by, one can find them annexed or cited in the DOPS archives in the State Archive of Rio de Janeiro or the DSI archives at the National Archive. Indeed, documents that military officials insisted never existed are cited with regularity in other security apparatus reports, suggesting that they not only existed, but have been concealed for decades.

So if we’ve known all of this before, why does any of it matter? Well, in no small part, because it is finally the state doing the investigating. For example, regarding the state’s use of torture from 1964 to 1968, this was no secret – numerous victims have provided oral accounts of torture in that period, and sometimes it was publicly visible. Likewise, the military government itself had to issue a decree against torture in the first months of its regime, particularly after journalist Márcio Moreira Alves published thorough accounts of military torture. So the fact that the military tortured between 1964 and 1968 was not new to anybody who has studied the dictatorship. However, the state itself had never taken responsibility for it; rather, the more general officialist narrative insisted torture only came after AI-5. Again, there were numerous historical, activist, and sociological accounts that revealed how false that narrative is, but it had persisted nonetheless. With the Truth Commission’s official recognition of the state’s use of torture from the very first days of the military regime, the Brazilian state is finally acknowledging the systematic use of torture from its inception, rather than just in the “years of lead” from 1969 to 1974 (and beyond). Indeed, the point stands for all four of the conclusions mentioned above. Even if they were known, the fact that the state is acknowledging these facts at long last is more than symbolic, as it provides any number of psychological, historical, and legal points of closure and helps to build for future understanding the military regime in Brazil (and hopefully preventing future repressive regimes).

That is the biggest benefit of the truth commission’s findings thus far, but it’s far from the only reward. Particularly regarding the chain of command in DOI-CODI and in the military’s use of repression against its own agents, the commission has shed new light on processes scholars only previously had incomplete understandings of. Certainly, works like Ken Serbin’s have revealed the use of military repression against its own members, but the fact that it committed “acts of violence” even against its own double agents, and justified such violence. Likewise, while scholars long had a general sense of the chain of command in DOI-CODI, an infamously violent security apparatus, the truth commission’s findings have brought that sense into sharper focus, more concretely demonstrating a direct correspondence between the security apparatuses and the highest levels of government during military rule, a correspondence that was long suspected through the fragmentary archival records available but never in such detail.

Overall, the truth commission’s report after one year has to be considered a success, albeit a qualified one. After all, the truth commission still lacks the authority for any prosecutorial actions against those members of the regime who conducted torture, murder, and other forms of state violence. Additionally, the fact that the commission is operating more than 25 years after military rule actually came to an end means that many of the highest-ranking officials who ordered, oversaw, or were aware of such state-sponsored violence have long since passed away, meaning they could never face either prosecution or the public scorn that such findings might create. And some have even complained that its investigation only into the state violence, and not oppositional violence, is problematic (an assessment I understand but do not fully agree with). Nonetheless, the fact remains that the truth commission has finally provided state acknowledgement of repressive actions it had long ignored or denied, even while shedding new light on processes scholars often had glimpses of but lacked the archival resources and materials available to the commission itself. It will definitely be worth watching what paths the commission takes in the coming months, what its final report says, and how those findings are received by the public writ large.

Remembering Tlatelolco

October 2, 2013 Comments off

On This Date in Latin America -July 24, 1993: The Candelária Massacre

July 24, 2013 1 comment

In the early hours of the morning on this day twenty years ago, police in Rio de Janeiro murdered eight street children on the steps of Rio’s Candelária Cathedral in what came to be known as the Candelária Massacre.

The Igreja da Candelária in downtown Rio de Janeiro.

The Igreja da Candelária in downtown Rio de Janeiro.

Official violence in Brazil is nothing new – indeed, the use of brutal forms of both direct and indirect violence against the racially and socio-economically marginalized in Brazil can be traced back to slavery itself. Although Brazil abolished slavery in 1888, like the United States, it did little to address the greater political, social, and economic inequalities that left free blacks at a greater disadvantage within society more broadly, and the poor (and often racially “darker” within Brazil’s own complex matrix of race and ethnicity) faced ongoing challenges. For example, when authorities decided to renovate Rio’s downtown in the 1910s in preparation for a visit from the Belgian royal family, they forcefully displaced the poor who lived along the mountainsides in downtown, relocating them to the city’s periphery, a pattern that has continued into the twenty-first century, as hundreds of favelas now dot the city’s surroundings and mountains where upper-class high-rises cannot be built.

Even while Brazil’s poor continued to be marginalized within the cities, their numbers also grew considerably, and not just through basic population growth; between 1930 and 1980, the rural-urban populations saw a complete inversion, as Brazil shifted from a 70% rural population and only 30% urban population in 1930 to only 30% rural and 70% urban populations by 1980 (even while the total population in the country grew from around 35 million in 1930 to nearly 120 million in 1980). This growth in cities like Rio only added to the strain on the poor, as the growing numbers of rural migrants to cities were unable to find adequate-paying jobs in a glutted market and the favelas only grew.  By the 1960s, as the growing urban poor faced dim prospects, neglect, and poverty, they tried to survival any way they could. Many, especially children and mothers, would beg in the streets, even while the drug trade took root in the favelas, providing means to wealth to many who otherwise were completely shut out from economic improvement in Rio de Janeiro.

Unfortunately, the inequalities facing Rio’s urban poor were not limited to economics. Police also regularly targeted poor neighborhoods, employing increasingly brutal tactics to stamp out “crime”. Already by the late-1960s, police death squads were openly operating in the favelas, killing “criminals,” often extrajudicially. Though reports of the death squads appeared in some of Brazil’s more popular magazines, the fact that the victims were poor led many in the middle- and upper-classes to turn a blind eye, blithely accepting the police’s accounts of events and disregarding conflicting reports from the favelas themselves. Indeed, in the context of the military dictatorship (which had begun in 1964), the repression in the favelas increased, and while middle-class students and parents mobilized to defend human rights for university students and “political prisoners”, they were notably silent when it came to favela residents who were labeled “criminals.” The distinction was notable – the political prisoner/criminal dichotomy created a sense that those university students and activists were unfairly persecuted, while those in the favelas legally “deserved” their fates.

By 1985, the military dictatorship had left power, and with it, political and police persecution of middle-class activists had faded away. Sadly, the same could not be said for the urban poor, as police activities and the operation of death squads and paramilitary groups continued to operate, often killing dozens of “traficantes” (dead favela residents who in death were labeled traffickers, regardless of whether or not they were tied to the drug trade or criminal activity) and arresting numerous others, creating a massive strain on Brazil’s already-overcrowded prison system. As had been the case in the 1960s, the middle- and upper-classes, along with the media, continued to accept police accounts of violence at face value, never considering the ways in which the police repression and violence that they had associated with the dictatorship had continued in the favelas. Additionally, Brazil’s 1979 amnesty, which pardoned political prisoners and state agents guilty of torture or murder alike, had further reinforced a culture of impunity, giving the police a greater sense that their actions against the poor would go unpunished (a belief that has sadly persisted well into the 2000s, in spite of some judicial attempts to rein in extrajudicial violence, attempts that have been met with more murders of officials investigating such crimes).

All of that set the stage for the events of the wee hours of the morning on July 24, 1993. Facing these socioeconomic inequalities, neglect, and even abandoned by their own families, thousands of homeless children tried to eke out an existence any way they could, begging in the streets in popular tourist districts or in the business districts where foot traffic was heavy, and finding shelter where they could. One such place was Candelária Church, in the heart of downtown Rio. The church became a popular place for street children to gather, providing some space for rest as well as a place for socializing among those who shared similar plights. Of course, being at the church did not mean that they did not face persecution; police regularly harassed them. Then, on the evening of July 23, the police arrested one youth who had taken shelter there for sniffing glue; indignant, some of the other children threw stones at the car. The police left, saying they would get them sooner or later, a threat they regularly made to the children. Around midnight, cars pulled up to the church where around 72 children were resting. The cars opened fire on the unarmed children, wounding several  suddenly opening fire on the unarmed kids, leaving eight dead. The youngest was 11; the oldest was only 20.

At first, authorities did little, even while the news spread worldwide and led to international pressure for an investigation. Yvonne Bezerra de Mello, a social worker who worked with the children and the person who first arrived to help the children on the night of the 23rd/24th, tried to bring attention not just to the murders, but to the broader challenges and violence street children faced. Brazil’s slow legal system began to move, charging several police officers with the murders. Some of the survivors served as witnesses, but still faced violence for their willingness to speak out and identify their attackers; indeed, in 1995, police kidnapped 1993 survivor Wagner dos Santos, shooting him four times; though dos Santos survived this second attack, nobody was arrested for it.

Ultimately, the trial led to conviction of three police officers. In 1996, courts sentenced Nelson Oliveira dos Santos Cunha to 261 years in prison for his role in the attack; in 1998, Marucos Aurélio Dias Alcantara received a 204 year sentence; and Marcos Vinícius Borges Emanuel ultimately received a 300 year prison sentence in 2003. Yet in 2013, not a single one of them is in jail; Cunha and Alcantara have been released, and Emanuel was pardoned. Though his pardon has since been overturned and he is once again wanted, he remains free.

The survivors of the attack were nowhere near as fortunate. By 2003, just 10 years after the massacre, only around twenty of the 64 survivors was still alive; many had died violently, be it at the hands of the police, gang wars, or other ways. In perhaps one of the most tragic and highest-profile cases, in 2000, survivor Sandro do Nascimento took passengers on the Bus 174 line hostage after a robbery gone awry (events recaptured in the powerful 2002 documentary Bus 174). As Brazilian media and bystanders flooded to the scene, worsening the situation. As the scene was broadcast nationwide, Nascimento said he did not want to kill anyone, and that he was a survivor of the Candelária massacre. Around 7:00 that evening, he descended the bus with Geisa Firmo Gonçalves as a hostage. A police officer approached to apprehend Nascimento, opening fire and hitting not Nascimento, but Gonçalves; the shot immediately killed her. In the pandemonium, the crowd that had gathered, thinking Nascimento had fired, moved to lynch him. Police prevented a public lynching and took Nascimento to the back of the police car, where, before millions watching across the country, they suffocated him to death, finishing what they had failed to do to him in 1993. The officer who killed Gonçalves was acquitted; not  a single officer was even charged with Nascimento’s murder, reinforcing the social inequalities in which the murder of Brazil’s poor could go unpunished.

Sandro do Nascimento, one of the survivors of the Candelária Massacre, talks to police from a bus where he held hostages in 2000.

Sandro do Nascimento, one of the survivors of the Candelária Massacre, talks to police from a bus where he held hostages in 2000.

Though Brazilians today recall the deaths of the eight killed on the night of July 23/24 1993, the broader issue of violence against the urban poor remains ignored. Indeed, Mello, the social worker who first worked with the children who were victims in 1993, estimates that there have been over 170,000 street children killed in Brazilian cities in the last thirty years, and their deaths go unpunished.  And so, while we remember the eight children who died that night and the survivors who have since died in poverty (and often violently), the socioeconomic inequalities, legal weakness, and culture of impunity that defined the events of July 24, 1993, continue in Brazil even today.

The sidewalk across the street from Candelária, with children's bodies painted into the stones to remember the eight children police murdered there in 1993.

The sidewalk across the street from Candelária Church, with the outline of children’s bodies painted into the stones to remember the eight children police murdered there in 1993.

 

Meanwhile, In Brazil’s Congress…

June 18, 2013 Comments off

As I mentioned yesterday, there were a number of causes behind the recent wave of demonstrations in Brazil. One of those sources of unrest is the traditional power of political elites – after all, it wasn’t an accident that crowds gathered outside of the Governor’s Palace in São Paulo, the Legislative Assembly of Rio de Janeiro State, and the national Congress building in Brasília last night; each site served as a physical and spatial representation of the political power that people were both demonstrating against and demanding to be heard by. And when one looks at the recent actions of politicians at the highest level of national politics, it is fairly easy to see their discontent.

For, while people protest what they perceive to be the unfulfilled economic promise of Brazil, an inactive government, police violence, and other issues, Congress dealt with other, less pressing issues. The Congressional Committee on Human Rights, headed by well-known homophobe and racist Marco Feliciano,passed a resolution that would allow psychologists to try to create a “gay cure” to “cure” homosexuality. The proposal still has to make its way through two more committees before it even reaches a full vote in the Chamber of Deputies, but the fact that the Committee on Human Rights is passing homophobic legislation is representative of how legislators are both out of touch with the issues that are preoccupying their supposed constituents and the very function of their own committee (it’s hard to see how passing a bill that seeks to treat homosexuals as “sick” is embodying human rights).

And such myopia is not limited to just one committee in Congress. While people in the streets speak out against corruption in politics, Congress is preparing to vote on an “impunity bill” that would prevent state and federal prosecutors from being able to investigate political corruption and human rights violations, instead making such crimes the jurisdiction of police forces. In effect, the bill would remove one of the few institutional mechanisms that can independently work to try to prevent political corruption from further spreading. To be clear, the current system has not prevented corruption, but the impunity bill would undo what institutional control does in fact remain and erasing one of the checks on politicians’ power.

With Congress considering bills like these while hundreds of thousands are in the streets with other issues, it is not difficult to see why people in Brazil are outraged with the political elites at the highest levels of government.

A Judicial Showdown – Ríos Montt Trial to Continue?

April 20, 2013 Comments off

Yesterday, I was rather pessimistic after Guatemalan Judge Carol Patricia Flores suspended the trial of former general Efraín Ríos Montt on a technicality, setting the process back a year and a half and making justice look increasingly difficult.

However, the judge currently presiding over the case, Yasmín Barrios, has rejected the annulment, calling the ruling “manifestly illegal” and saying Flores had greatly overstepped her judicial authority.

Yesterday, things appeared bleak, though not without hope; today, things appear hopeful, but not without pitfalls. The question now basically boils down to one issue: which judge is correct? Does the fact that a higher court reinstated a judge without alerting the lower courts to the reinstatement really nullify all court proceedings, as Flores argued in her annulment? Or has Flores’ ruling overstepped her authority as a higher court judge, as Barrios argues? The answer to the these questions has set up a judicial showdown, and it is not clear how the highest levels of the judiciary will rule. What is clear is that the options on rulings are further dwindling, and the ruling in this matter likely will be in no small part vital to the outcome of the Ríos Montt trial, and to the issue of justice (or impunity) in Guatemala. It’s unfortunate, if perhaps unsurprising, that the issue of justice and of addressing human rights violations may come down to an institutional showdown, but the fact remains that, among at least some members of the judiciary, the will to prosecute human rights violations remains strong. No matter what, the case will absolutely be worth watching in the following days.

Genocide Trial in Guatemala Suspended on a Technicality; What’s Next?

April 19, 2013 Comments off

Yesterday, Guatemalan Judge Carol Patricia Flores, the judge most recently overseeing the trial of Efraín Ríos Montt on charges of genocide against indigenous peoples, suspended the trial based not on any lack of evidence, or prosecutorial wrongdoing, or on any finding of innocence of Ríos Montt, but on a technicality. The question at its core hinges on who could have been or could not have been judge during the long process that led to the trial; in making her ruling, Flores has effectively returned the case to its pre-trial stage, where it sat in November 2011, nearly a year and a half ago. The ruling itself comes just as the trial was on the verge of reaching its conclusion. Suffice to say, the ruling is farcical, a successful attempt in what has been a long string of delaying tactics Ríos Montt’s defense team deployed in an attempt to derail the trial. Though prosecutors were set to challenge the ruling this morning, there doesn’t appear to be much reason to believe they will be successful.

In the long term, it is not clear what is next, but it is unlikely to aide in the path towards justice in the case of human rights violations that Ríos Montt’s government committed. That human rights violations occurred under Ríos Montt’s 1982-1983 administration is incontrovertible; that such violations met legal definitions of genocide is also apparent, and testimony from the trial further reinforced that fact. The loss of a year and a half of legal proceedings is not nothing, and setting the judicial clock back to November 2011 makes it increasingly unlikely that the now-86-year-old dictator will live to see a conviction for his role in human rights violations that his regime committed. The situation could change – perhaps the latest development is again overturned (though given that it’s now at the highest levels of the judicial system makes that outcome seem unlikely);  perhaps the trial is able to resume and Ríos Montt lives long enough to see justice. Right now, though, this is just an extremely disappointing outcome, one that simultaneously throws into question judicial effectiveness and reinforces a culture of impunity in Guatemala even while denying justice and closure to thousands of Guatemalans.

The Legacies of Torture in Central America

April 11, 2013 1 comment

As scholarship and human rights reports have repeatedly demonstrate, the effects of torture on the human mind and body have long-term ramifications, and many of those victims continue suffer from both the psychological and the physical effects of torture decades after the regimes that committed such torture have left power. Two reports from Central America add to the demonstrated effects of torture and of the brutality of past regimes.

In El Salvador, a report on torture composed 27 years ago finally saw publication, making the stories of those who suffered torture at the hands of the state during the civil war of 1980-1992 public.

More than 40 torture techniques are described in detail and depicted in drawings in the report.

One of the most commonly used techniques was the “avioncito” (airplane), in which the victim’s hands were tied behind his or her back and the victim was suspended in the air from the wrists, often causing dislocation of the shoulders.

In the “capucha” (hood), a plastic bag was placed over the prisoner’s head, to partially suffocate them, while the “submarino” (submarine) involved simulated drowning.

Other methods were electric shock, cutting off the tongue, or destroying the eyes with chemicals. [...]

The book also provides profiles of torture victims who were forcibly disappeared.

And of course, this was not a human rights crisis that involved only Salvadorans. As a journalistic investigation uncovered, the US sent officer James Steele, a Vietnam veteran, to work with forces responsible for torture in El Salvador. Later, none other than Donald Rumsfeld sent Steele to work in Iraq.

Colonel James Steele was a 58-year-old retired special forces veteran when he was nominated by Donald Rumsfeld to help organise the paramilitaries in an attempt to quell a Sunni insurgency [...]

A second special adviser, retired Colonel James H Coffman, worked alongside Steele in detention centres that were set up with millions of dollars of US funding.

Coffman reported directly to General David Petraeus, sent to Iraq in June 2004 to organise and train the new Iraqi security forces. Steele, who was in Iraq from 2003 to 2005, and returned to the country in 2006, reported directly to Rumsfeld.

The US’s ties to repressive regimes and torturers in Central America in the 1980s is generally well-known among those who study the region or US foreign policy; that the US then redeployed to Iraq people tied to torture in Central America is a new, if semi-unsurprising, twist. And of course, a culture of impunity prevents those in El Salvador (and those in the US who aided them) from facing trial for their actions.

While a culture of impunity continues to reign in El Salvador, the same cannot be said for Guatemala, as the trial of former general Efraín Ríos Montt on charges of genocide continues (a trial in which current president Otto Perez Molina’s name has been tied to past atrocities, charges he unsurprisingly has rejected outright). Last week, indigenous women who suffered systematic rape in the early-1980s while Ríos Montt was in power took the stand to testify about the terror and brutality they suffered at the hands of the state under Ríos Montt’s government. As powerful as the story is, the accompanying picture is perhaps even more so – 30 years after Ríos Montt was in power, she covered her face before testifying, revealing the ways in which the crimes of the past continue to haunt her present. Nor was she the only one:

[A] second woman to take the stand wept as she told the court that she had been raped by a series of men over three days in a military post in the Quiche department in the country’s heavily indigenous highlands region in 1982.

“They tied my hands and feet,” and raped me, she said, “Not just me but my mother, too.”

Her testimony is as sadly powerful as it is sadly familiar, as military regimes from Argentina to Guatemala and numerous countries in between used rape and torture to intimidate and terrorize their populations. That , after 30 years of impunity, Ríos Montt finally has to confront these crimes in a courtroom is no small step towards justice. At the same time, it’s another remarkably sad, if all-too-familiar, reminder of the long-term legacies of the regimes that operated throughout South and Central America (often with US support) from the 1960s through the 1980s.

Around Latin America

April 1, 2013 Comments off

-Brazil’s Federal Council of Medicine recently came out in favor of legalizing first-trimester abortions in Brazil, adding to the arguments and debate over the issue in a country where abortion is currently only legal in the case of rape, severe mental disability in the fetus, or if the pregnancy is a threat to the mother’s life.

-A hunger strike at Guantanamo continues to expand and to last, adding to questions of indefinite detention at the US bas in Cuba.

-Students in Chile continue to demand educational reforms, and, after police attempted to force students onto a route other than the already-approved one, the march turned violent, a turn of events that could perhaps have been avoided had police not forced the last-minute change.

-In an attempt to reduce violence against women, Ecuador may categorize femicide as a separate crime within the country’s penal code.

-The Brazilian Senate passed a law this week that gives domestic workers the same rights as other workers, including overtime pay, finally extending workers’ rights to the millions of domestic workers (almost all women) who work for Brazil’s middle- and upper-classes. Unsurprisingly, those who employ domestic servants have pushed back against the idea of their workers actually enjoying basic rights (an attitude the Washington Post itself reinforces by declaring the law will “impinge” upon the economy).

-Police violence in Honduras continues to be a major issue, as police act excessively and with impunity in ways reminiscent of the 1980s, even as the US allegedly continues to funnel money to forces that operate as death squads (a charge US officials of course deny).

-In tales of opposite results, the Peruvian government is working on setting aside lands for indigenous peoples who voluntarily remain isolated from most of Peruvian society, even while one of the few Bolivian indigenous groups that is growing faces opposition from ranchers who continue in their attempts to relocate native groups and seize their lands.

-A Brazilian doctor and her medical staff are under investigation for the murder of seven patients at a hospital; however, reports suggest that at least another 20 deaths could be tied to her team, with 300 more cases under investigation. According to one recording of the doctor, she allegedly committed the murders in order to open up beds in the hospital.

-As Paraguay’s elections approach, conservative candidate Horacio Cartes appears to be in the lead.

-Speaking of elections, Michelle Bachelet has officially announced she will run for president for a second time (she previously served from 2006-2010) as Chile prepares for elections next year. However, in spite of her incredible popularity when she left office in 2010, the path to a second term is far from assured. She is already facing harsh criticisms from other politicians and has significant work to do among social groups (including students and those who support the indigenous Mapuche, whom Bachelet targeted) who have grown critical not just of the right-wing Pinera government, but of the post-Pinochet governments in general.

-Finally, in a bit of potentially good environmental news, Brazil’s supermarkets have agreed not to sell beef from cattle raised in the Amazonian forest. It is not clear how they will monitor this or prevent all Amazonian beef from reaching the shelves, but given that ranches are responsible for much of the deforestation in the Amazon, this is a not-insignificant step.

Genocide, Judicial Power, and Justice in Guatemala

March 19, 2013 Comments off

Today, the genocide trial for former Guatemalan leader Efraín Ríos Montt begins (in spite of his failed attempts to have charges dismissed based on an earlier amnesty law). The trial marks the first time a former Latin American leader has been tried not only for human rights violations, but for genocide, as outlined in the findings of Guatemala’s Truth Commission. The charges against Ríos Montt for genocide are thus based on the military’s targeting of indigenous communities between March 1982 and August 1983, when he was in power. Survivors who witnessed the atrocities are set to testify in the case. For those interested, you can follow the trial live here.

The New York Times ran a piece (accompanied by incredible photos) on what the trial says about judicial power in Guatemala.

Guatemala’s justice system has begun a transformation. In a show of political will, prosecutors are taking long-dormant human rights cases to court, armed with evidence that victims and their advocates have painstakingly compiled over more than a decade — as much to bear witness as to bring judgment.

“It’s sending the most important message of the rule of law — that nobody is above the law,” said Claudia Paz y Paz, the attorney general, who many here say has been one of the most important forces behind the change.

Certainly, it’s good to see the courts acting, and the fact that the military obeyed a court order to turn over documents in 2009 is an important step in respecting institutional authority. However, this only comes after nearly three years of judicial inaction. Ríos Montt did not just remain free for 30 years because of his own personal power or even his ability to count on political immunity as a congressman. For far too long, too many people in positions of power were willing to look the other way on his crimes. This option of inaction was not even limited to the court system; it also counted on “elite complicity, and political immunity,” as Kate Doyle put it.

In that context, it’s understandable why so many civilians also remained silent for years. This isn’t a case of blaming the victims for the slowness of Ríos Montt’s trial; it’s a damning reminder of the long-term impacts of military regimes that violate human rights with impunity (and often with the support, tacit or explicit, of the US). As scholarship on military repression and human rights violations in Latin America and beyond has demonstrated, the scars of military regimes long outlast the governments themselves. The arbitrary use of violence and torture, the disappearing of victims, the ongoing power of post-dictatorship militaries behind the scenes, and the physical markers of death on the landscape all create conditions in which many people fear speaking out, even in times of peace. Daniel Wilkinson’s Silence on the Mountain: Stories of Terror, Betrayal, and Forgetting in Guatemala cuts right to the heart of this imposed silence. And while hundreds of thousands of victims will never be able to speak out, now that the Guatemalan judiciary, the legal system, and the military itself have moved beyond forgetting and begun to address the past, those who for so many years feared and remained silent will now finally have their chance to speak directly to the justice system.

In that regard, the story is simultaneously a story of historical institutional failures and justice through institutional transformation and autonomy. And yet, it’s only occurring 30 years later, reminding us that fear of the brutal and senseless violence of military regimes does not die quickly.

 

Around Latin America

March 8, 2013 Comments off

While Hugo Chávez’s death has perhaps understandably been the main focus of news from the region this week, it’s far from the only event of note. Here are some of the other stories coming out of Latin America this week.

-With Chávez’s death, Vice President Nicolás Maduro is set to be sworn in at 7PM local time tonight. And Margaret Myers’ always-excellent blog on China-Latin American relations has a post up on Chinese bloggers’ responses to Chávez’s death.

-Of course, Chávez’s death has overshadowed another important and more violent death in Venezuela. Somebody shot and killed indigenous leader and rights activist Sabino Romero, who had recently asked for government protection. The government announced an investigation into the murder before Chavez’s death; hopefully the investigation will continue and Romero’s killers can be brought to justice.

-In Argentine justice, a court convicted ex-president (and current Senator) Carlos Menem for illegal arms sales to Ecuador and Croatia while Menem served as president between 1989 and 1999.

-In Haiti, former dictator Jean-Claude “Baby Doc” Duvalier is under investigation for human rights violations during his regime 1971 and 1986. Several victims of his regime testified to torture and other abuses this week. Meanwhile, Duvalier entered into a hospital after providing his own testimony. Given how many former dictators, from Pinochet to Argentine generals, have tried to hide behind [often-fabricated] “medical issues” to avoid facing justice, at least for now it is difficult to take Duvalier’s own admission to the hospital as much other than a ploy to try to avoid justice and/or drum up sympathy.

-New documents reveal that Brazil’s military dictatorship (1964-1985) provided $115 million in aid to Chilean dictator Augusto Pinochet’s regime during the latter half of the dictatorship [English version of story available here]. The document reinforces and adds to our understanding of the ways in which South American dictatorships collaborated and serves as yet another reminder that the portrayal of one group of Brazilian military presidents as “moderate” is a misnomer for regimes that still supported the violation of human rights, be it in their own countries or in other countries.

-Speaking of regional collaboration in violating human rights, in Argentina, military officers from the dictatorship era there (1976-1983) are on trial for their involvement in Operation Condor, the international collaborative efforts between Chile, Argentina, Uruguay, Paraguay, Brazil, Bolivia, and Peru to arrest, torture, and “disappear” so-called “subversives” in each other’s countries.

-In Brazil, an indigenous community disillusioned with the lack of governmental action is taking over efforts to combat deforestation, recently seizing trucks used in illegal logging.

-Lawyers for those imprisoned in Guantanamo filed a claim that the conditions and rights of prisoners were deteriorating, and this was before troops fired “non-lethal bullets” at inmates who agitated at the prison, the first time in 11 years bullets had been fired at prisoners.

-In an overlooked part of Central American history, Panama’s indigenous Guna peoples celebrated the 1925 Guna Revolution last week.

-Finally, in a step towards greater equal rights, Haiti is set to improve women’s rights by aiding rape victims who seek justice against their attackers, allow abortion in the case of rape, and make marital rape illegal.

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