Monday, December 16, 2019

Mounting Evidence of Abuse by Chile’s Police Leads to Calls for Reform


Pascale Bonnefoy. New York Times. December 13, 2019

SANTIAGO, Chile — The brutality of the Chilean police’s response to the country’s unrest  is leading to sweeping calls for the force’s reform.

The protests, which started two months ago over an increase in subway fares and quickly morphed into a broader reckoning over inequality, included peaceful gatherings and violent confrontations with the police that resulted in thousands of instances of abuse, according to the National Institute for Human Rights, an autonomous state agency.

Almost 400 of the incidents documented by the National Institute for Human Rights are of torture and cruel treatment. Another 194 involve sexual violence, including four rapes. More than 800 involve excessive use of force by the police. The Institute has labeled at least six killings by security forces as homicides.

These documented instances of human rights violations have brought new scrutiny to the Carabineros, Chile’s national police force, which was never purged or significantly reformed after the dictatorship headed by Gen. Augusto Pinochet ended in 1990. The Carabineros were deeply involved in human rights violations that left over 3,000 dead and disappeared and 38,000 tortured during Pinochet’s rule.

“We never thought we would have to come back to Chile under these circumstances to record massive human rights violations,” said José Miguel Vivanco, the Americas’ director of Human Rights Watch, when the organization presented its report on Chile last month. “We thought this was history.”

The Carabineros declined a request for an interview, but this week its director, Gen. Mario Rozas, said there were 856 internal investigations related to the reports underway. He also announced structural and policy changes to the institution.

President Sebastián Piñera said accusations will be investigated, and welcomed into the country four human rights organizations, including the Organization of American States and the United Nations, which found “a high number of serious human rights violations.”

The government has also created a task force, led by Gonzalo Blumel, the interior minister, to propose reforms for the police force, and the police suspended the use of pellets.

But human rights groups say that the Carabineros are still firing tear gas cartridges at demonstrators’ bodies and heads, in breach of their own protocol. On December 10, International Human Rights Day, 8 people were injured this way — two of them, including a 15-year-old girl, are in critical condition.

Human rights groups and analysts say they want the government to increase its oversight of the Carabineros’s budget, operations and training and of their appointment and removal of officers, effectively bringing the police under civilian control.

Opposition legislators say the president bears responsibility for the actions of forces under his watch, and launched a process similar to impeachment proceedings against him and his former interior minister, Andrés Chadwick, who stepped down weeks after the protests began.

The case against President Piñera was dismissed on Thursday. But on Wednesday, the Senate approved the accusations against Mr. Chadwick, holding him responsible for failing to take steps to avoid human rights violations and “not maintaining public order in a rational manner.” He was barred from holding any public office for five years.

Since the protests began, hundreds of demonstrators have suffered eye injuries at the hands of the police, caused by the indiscriminate use of riot guns, often aimed directly at demonstrators’ heads. Two victims were blinded. More than 12,700 people have been wounded across the country, according to hospital records.

The Public Prosecutor’s Office opened more than 2,670 criminal investigations based on reports of torture, sexual violence and injuries from firearms. The vast majority involve Carabineros personnel.

When Chileans took to the streets in mid-October, the Carabineros were already facing a profound crisis, and were ill-prepared to be on the front lines of a sustained period of unrest.

Over the past two years, more than 35 generals who were part of the Carabineros forces have been ousted in the wake of a series of scandals. Among those dismissed was the former police chief, who stepped down in 2018 after an anti-terrorist squad killed an indigenous man, Camilo Catrillanca, and then covered up the crime.

Most of the senior officers removed were implicated in one of the biggest embezzlement scandals in Chilean history, a case that dragged on for more than a decade and involves at least $35 million.

Nearly 100 police officers and civilians have been convicted to date in connection to the case, and the trial of 31 alleged ringleaders — a group that includes senior officers and former finance directors of the force — is scheduled to begin in a few months.

The Carabineros’s intelligence division has also been in disarray after its agents came under investigation in connection with a scheme to fabricate evidence to falsely implicate members of the Mapuche indigenous community in terrorist activities in 2017.

“All of this has generated significant internal conflict and discontent within their ranks, causing a legitimacy crisis that is both social and internal,” said political analyst Claudio Fuentes, a professor at Diego Portales University.

Chile has seldom seen a period of unrest as prolonged and violent as the one that kicked off in mid-October. But signs of discontent had been brewing over the past decade: Large protests had taken place demanding education and pension reform, an end to corruption and respect for the land rights of indigenous people.

And in every wave of protest, the police were accused of using disproportionate force — and of failing to credibly investigate and punish instances of abuses.

Reforming the Carabineros was already on the legislative agenda when the protests broke out, but the proposed changes aim at improving transparency and fall short of the structural reforms needed to turn the police into a civilian force with robust accountability, which is what is being demanded now.

Critics say the Carabineros have a hierarchical military structure and a system for disciplining officers that effectively discourage personnel from reporting misconduct or carrying out independent investigations. And the police often ignore the new use of force protocols they enacted in March, rights groups say.

Bound by laws left behind by the Pinochet regime, Chile’s governments through the 1990s never had enough votes in Congress or the political sway to overhaul the Carabineros.

Chilean authorities were unable to remove its high command, purge it of corrupt or abusive officers, or adapt its curriculum to a democratic scenario.

“Carabineros is a militarized police force, with a military structure and logic, not a civil police force,” said Mr. Fuentes. “All attempts to reform it after dictatorship have been very slow, with very little capacity for civilian control.”




Argentina Moves to Guarantee Abortion Access in Rape Cases


Reuters. December 12, 2019

BUENOS AIRES — Women and girls in Argentina seeking to end pregnancies caused by rape will be guaranteed access to abortion under a protocol announced on Thursday aimed at reducing the latitude hospitals have in deciding whether or not to perform the procedure.

Argentine law allows abortion in case of rape or threat to the life or health of the mother. But abortion rights advocates say the law is not always applied across the largely Roman Catholic country and that local hospitals have too much power to decide which cases fall under the legal criteria.

“The protocol will be used as a guide, especially in cases where the law clearly allows for the interruption of pregnancies,” Health Minister Ginés González García told a news conference. He was sworn in on Tuesday after moderate Peronist President Alberto Fernández was inaugurated.

“We are respectful of conscientious objection but conscientious objection cannot be used as an institutional alibi for not complying with the law,” Dr. González García added.

Rights group Amnesty International issued a statement celebrating the new protocol, which goes into effect on Friday. Only Uruguay, Cuba and Guyana have legalized abortion in Latin America, according to the Center for Reproductive Rights.

The region has some of the world’s most restrictive abortion laws, with a handful of countries, mostly in Central America, banning abortion under any circumstances.

Argentina’s former health secretary quit last month after a protocol he had signed, aimed at making abortion more available, was revoked by then-President Mauricio Macri, a conservative. Mr. Macri was defeated by Mr. Fernández in the October election.

Mr. Fernández has said he favors abortion rights. Proposals to widen the availability of abortion have been batted back and forth between the lower house and Senate for years.

There are at least 350,000 illegal abortions in the country every year, the Ministry of Health estimates, although international human rights groups say the number may be higher.




Argentina's Mario Sandoval: France to deport ex-policeman in torture case


BBC. December 12, 2019

France is preparing to deport an Argentine former policeman, Mario Sandoval, accused of torture and crimes against humanity during Argentina's military dictatorship in 1976-1983.

Argentine prosecutors based their extradition request on one case - that of student Hernán Abriata, who disappeared in detention in 1976.

Mr Sandoval, 66, denies the charges, but a top French court has given a final ruling, rejecting his appeal.

He is accused in some 500 cases.

Those cases relate to murder, torture and kidnapping. Court documents in Argentina note that he was nicknamed "Churrasco" (Spanish for steak) - the term used for a metal bed frame on which detainees were electrocuted.

The Argentine dictatorship "disappeared" about 30,000 people during the "Dirty War" against suspected leftists and political dissidents.

In some cases victims' infant children were stolen and given to couples loyal to the regime.

French police arrested Mr Sandoval on Wednesday at his home near Paris. Earlier the Council of State - France's top administrative court - rejected his appeal, after years of legal wrangling.

He will be sent back to Argentina within a week, police say.

Mr Sandoval fled to France after the fall of the military junta and he obtained French citizenship in 1997. He can be extradited because the alleged crimes were committed before he became French.

He taught as a professor at the Sorbonne's Institute of Latin American Studies in Paris (IHEAL) and the University of Marne-La-Vallée.

Hernán Abriata was arrested in 1976 and held at a notorious torture centre - the Navy Higher School of Mechanics (ESMA).

Mario Sandoval's lawyer Jérôme Rousseau has now appealed to the European Court of Human Rights, alleging that his client will not get a fair trial in Argentina.

Mr Sandoval's colleagues at the two prestigious institutes called for him to be arrested when they recognised him from a photo during the investigation.

IHEAL academics wrote in 2017: "Judicial action is essential to establish the truth and ensure that someone guilty of crimes against humanity cannot teach in a public institution, which is incompatible with the university's ethics."




Argentina will keep spending, renegotiate debt: Economy minister



Reuters. December 12, 2019

Argentina will conduct talks with its creditors to delay debt payments as it steers away from more public spending cuts, according to the country's new economy chief Martin Guzman.

Latin America's third-largest economy is "extremely fragile," Guzman said in his first news conference since taking office on Tuesday.

Argentina will have to grow its way out of its "virtual default" situation with production-oriented policies, rather than lowering government spending, Guzman said, adding that Argentina's current agreement with the International Monetary Fund (IMF) had failed and would have to be revamped, with negotiations already under way.

He promised to take a non-dogmatic approach to policymaking while maintaining a constructive relationship with the IMF and other nervous creditors.

Argentina has said it needs to renegotiate about $100bn in bonds and loans as the economy sputters.

"The year 2020 is not a year in which fiscal adjustment can be made. A larger fiscal contraction would deepen the recession and aggravate the problem," Guzman told a nation anxious for change as poverty rates climb, investment flat-lines and inflation rages at an expected 55 percent this year.

Guzman, a 37-year-old academic with close ties to American economist Joseph Stiglitz, has to navigate restructuring talks with international bondholders and the IMF over its $57bn standby loan agreement.

"We need to solve the virtual default problem left by the previous administration," said Guzman. He was named economy minister by Alberto Fernandez, a moderate Peronist inaugurated as Argentina's president on Tuesday.

In the October presidential election, Fernandez defeated incumbent Mauricio Macri, a free-markets advocate whose popularity was crushed by tight fiscal policies sanctioned by the loan deal he struck with the IMF last year.

Macri was forced into the IMF deal to halt a run on the peso as markets worried about Argentina's ability to pay its debts. The local currency lost more than 83 percent of its value against the US dollar during Macri's four-year term.

But Guzman has said in academic presentations that he sees Argentina's problem as one of liquidity rather than solvency. He has advocated for a debt revamp based on a suspension of payments that would preserve eventual repayment of principal.

"We want to have a constructive relationship with all creditors: with private bondholders and with the International Monetary Fund," Guzman said at the news conference.

"Based on this constructive spirit, we will establish with our creditors a modification in our debt profile," Guzman said.

"We have already had conversations with the IMF, there is already a recognition of the failure of the previous programme."




Trump envoy skips Argentina inauguration, fires warning over Venezuela


Cassandra Garrison, Adam Jourdan. Reuters. December 10, 2019

BUENOS AIRES (Reuters) - A senior adviser to U.S. President Donald Trump skipped the inauguration of Argentine President Alberto Fernandez and work meetings also planned for Wednesday, unhappy with the presence of officials from the government of Venezuela’s Nicolas Maduro.

The U.S. special envoy, Mauricio Claver-Carone, told local newspaper Clarin that he had left early after being “surprised” at the presence of guests including Venezuelan Information Minister Jorge Rodriguez.

The comments were confirmed by a spokesman for the U.S. Embassy, who said no scheduled meetings had been canceled.

The United States and many Western nations have called for Maduro to step down as president and have recognized Venezuelan opposition leader Juan Guaido as the country’s legitimate president.

Peronist leader Fernandez faces a diplomatic juggling act between the United States and leftist allies including Venezuela. His vice president, Cristina Fernandez de Kirchner, was close with Maduro at the end of her 2007-2015 twin terms.

“Unfortunately, due to some invitations and some surprises we received upon arrival, I decided not to go and I am leaving early,” Claver-Carone told Clarin. “I will not have the work meetings I had scheduled for tomorrow.”

The envoy said that ties with Maduro “do not bring any benefits to Argentina,” which he said should focus on “how they can work bilaterally with us and with other allies.”

The U.S. imposed sanctions on Rodriguez and other members of Maduro’s inner circle in September 2018.

Other U.S. officials did attend the inauguration and meet with Fernandez, including Health Secretary Alex Azar and Michael Kozak, the U.S. acting assistant secretary for the State Department’s Bureau of Western Hemisphere Affairs.

The U.S. Embassy spokesman said that Azar and Claver-Carone had left Argentina, while Kozak remained and met with Fernandez and his Foreign Minister Felipe Sola on Wednesday.

Argentine’s former conservative leader, Mauricio Macri, who handed over power to Fernandez on Tuesday, had been a close ally of the United States over Venezuela.

Fernandez has been cautious with his stance over the Maduro government though he has emphasized ties with other leftist politicians in the region including Mexican President Andres Manuel Lopez Obrador, Bolivia’s unseated leader, Evo Morales, and former Brazilian leader Luiz Inacio Lula da Silva.

Cuban leader Miguel Díaz-Canel and Ecuador’s former president Rafael Correa were also present at the inauguration, while Brazil’s right-wing President Jair Bolsonaro did not attend, instead sending his vice president.



Reporting by Adam Jourdan, Cassandra Garrison, Hugh Bron

Brazil's Bolsonaro: God made me president


AFP. December 13, 2019

Sao Paulo (AFP) - President Jair Bolsonaro said on Friday God, a fellow Brazilian, had handed him the election victory that propelled him to office in South America's largest economy.

"I never imagined that I'd be president. No one gave us victory, but I think it was God's will. He saved my life first, then he gave me that mandate," Bolsonaro told reporters at his official residence in Brasilia.

"I believe that God is Brazilian," added the right-wing leader, who came to power on January 1.

Bolsonaro, who served in Brazil's legislature for nearly three decades, was stabbed and seriously injured while on the campaign trail in 2018, before being elected thanks in part to massive support from evangelical Christians.

His health has been a concern since the stabbing, and he has undergone several operations to treat the wounds -- most recently in September.

Earlier this week, the 64-year-old announced he had been examined for skin cancer, appearing before reporters with a bandage on his ear.

"I have fair skin, I fish a lot, I do a lot of activities. So the possibility of skin cancer exists," he said.

A presidential spokesman said earlier the tests were routine and that Bolsonaro was in a "good state of health."




Indigenous boy, 15, murdered on Brazil's Amazon border


Dom Phillips. The Guardian. December 13, 2019

A 15-year-old indigenous boy has been murdered in Brazil on the edge of a heavily deforested indigenous reserve in the state of Maranhão, on the fringes of the Amazon.

The murder, the fourth from the Guajajara tribe in recent weeks, came as a wave of racist abuse against indigenous people swept social media in the state.

The Indigenous Missionary Council(CIMI), a non-profit group reported that Erisvan Soares Guajajara’s body was found with knife wounds on Friday in Amarante do Maranhão. The group said he had travelled to the town, on the edge of the Araribóia indigenous reserve, with his father. The G1 news site reported that a non-indigenous man called Roberto Silva, 31, was also killed with Erisvan and that both died in the early hours of Friday at a party in an area called Vila Industrial.

“Another brutal crime against the Guajajara people,” tweeted Sonia Guajajara, a leader from the same tribe and reserve who is executive coordinator of Brazilian indigenous association ABIP. “Everyone who doesn’t like us feels allowed to kill because they know impunity rules. It’s time to say ENOUGH.”

Murders of indigenous people soared 23% in 2018, according to CIMI figures, and land invasions have risen since far-right president Jair Bolsonaro took office in January. He has compared indigenous people living on reserves to “prehistoric men” and said their lands should be developed.

In a statement, the state government of Maranhão said preliminary investigations indicated “the crime was not motivated by hate, land disputes or deforestation in indigenous reserves”. Brazil’s indigenous agency Funai said it was following the case.

Erisvan lived in the Araribóia indigenous reserve, which has been decimated by loggers. A group of Guajajara forest guardians expelled loggers from the reserve but have faced threats and violent attacks. In November, the guardian Paulo Paulino Guajajara was killed by loggers in an ambush and another, Laércio Guajajara, was shot and injured.

Loggers in illegal vehicles operate openly around Amarante yet police rarely intervene. “There is a lot of racism against indigenous in Amarante,” said Gilderlan Rodrigues, CIMI’s Maranhão coordinator. The group said Erisvan’s family refuted comments by local police linking the killings to the drug trade.

Last Saturday, two Guajajara leaders – Firmino Silvino Guajajara and Raimundo Bernice Guajajara – were shot and killed in a drive-by shooting on a highway in the nearby Cana Brava indigenous reserve in the same state. Two others were injured.

The men were returning from a meeting when a group of men in a white car opened fire. A Funai official said the killing could have been related to frequent robberies on the highway which crosses the reserve but Maranhão’s human rights society blamed rising prejudice.

Since then a wave of racist abuse has swept social media in the region. “Those who fired should have killed at least 50,” said one local on a WhatsApp group. “The government should throw a bomb and exterminate these disgraceful indigenous,” said another.

“These are common people … inciting crimes against indigenous people,” said Érika Nogueira, the director of the Ascalwa indigenous association. “That is what is most worrying, it is civil society.”