SOA Grads Continue to Make Headlines Throughout the Americas February 28, 2015Posted by rogerhollander in Chile, Foreign Policy, Genocide, Guatemala, Honduras, Immigration, Latin America, Peru.
Tags: Daniel Urresti, ebed yanez, guatemala genocide, josue antonio seirra, jovel martinez, Latin America, Latin America military, Pedro Barrientos, pinochet, rios-montt, roger hollander, School of the Americas, soa, soa grads, soa watch, soa/whinsec, victor jara, whinsec
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Roger’s note: Another is my series: your American tax dollars at work in Latin America … to aid and abet murder.
In just the first two months of 2015, we have been horrified, though not surprised, to learn of the continued repression by SOA/WHINSEC graduates against their own people. As the US continues to secure economic and political interests by utilizing military solutions to social and political problems, SOA/WHINSEC graduates continue to make headlines in countries like Honduras, Guatemala, Peru and Chile, underscoring the importance of continuing the struggle to close the SOA/WHINSEC. While some graduates have yet to be held accountable due to the high levels of impunity in their country or in the US, they are all directly responsible for committing grave human rights violations, which include murder, torture and genocide.
As we continue to highlight these atrocities, we invite you to join us in Washington, DC for our Spring Days of Action this April 22-25, Growing Stronger Together: Resisting the “War on Drugs” across the America.
Lt. Pedro Barrientos Nuñez – Chile
In 2013, a Chilean Supreme Court formally requested the extradition of former Lieutenant Pedro Barrientos from the United States to Chile to stand trial for the 1973 torture and murder of folk singer Víctor Jara. Barrientos moved to the US after the Pinochet dictatorship ended in 1990. While the US government has yet to respond to this extradition request, a trial in a Florida court was set to begin on February 23. Though the trial has been postponed, Barrientos, who currently resides in Deltona, Florida, could potentially lose his US citizenship and later extradited to Chile where he would stand trial. In the US, Barrientos has been accused of immigration fraud, as he concealed his participation in human rights atrocities during the dictatorship in Chile. Joan Jara, widow of Víctor Jara, filed the case against Barrientos and has been seeking truth and justice for over 40 years.
General José Efraín Ríos Montt – Guatemala
On January 5, the retrial against SOA grad and former dictator General José Efraín Ríos Montt and José Mauricio Rodríguez Sánchez was set to resume following the annullment of the historic May 10, 2013 sentence condemning Ríos Montt to 80 years in prison for crimes against humanity and genocide against 1,771 Ixil Mayans. He is the first former head of state to be put on trial for genocide. On the morning of the retrial, the defense motioned for a postponement of the trial, using Ríos Montt’s deterioating health an excuse for not being able to present himself to the courtroom. Through stalling tactics by his defense, including attempts to seek amnesty, the retrial has been postponed once again despite international criticism. Ríos Montt came to power after a coup on March 23, 1982 and remained in power until August 1983. He is 88 years old.
Second Lieutenant Josué Antonio Sierra – Honduras
In January 2015, 2011 SOA/WHINSEC graduate Second Lieutenant Josué Antonio Sierra got off scot free for his role in the murder of 15-year-old Ebed Yanes despite the judges’ finding that “it has been proven Josué Antonio Sierra and Felipe de Jesus also fired their weapons at young Ebed Jassiel, which makes them participants in his death”. Sierra was in charge of the patrol, part of a US-vetted unit in charge of the US-donated vehicle used to chase down and kill young Ebed at a military checkpoint. Conveniently, Honduras’ Public Ministry solely accused a low-ranking solidier who was not part of the US-vetted unit of murder, while accusing Sierra and Rodríguez only of abuse of authority and cover-up. Human rights organization COFADEH had previously tried to include murder charges against them but the government Special Prosecutor for Human Rights decided against it. Now, the US can conveniently report that nobody from the vetted unit, much less a WHINSEC grad, has been found guilty of murder in the case. Click here to continue reading…
Col. Jovel Martínez – Honduras
Meanwhile, in the northern part of the country on the night of January 29, 18-year-old campesino leader Christian Alberto Martínez Pérez was riding his bike near the entrance to Paso Aguán Plantation, which is controlled by security guards for Dinant Corportation and soldiers from the Xatruch III Task Force, commanded by SOA graduate Jovel Martínez. Christian went missing, his bike found at the entrance to the Paso Aguán Plantation. Campesino and human rights organizations proceeded to search for him, finding his shirt on the Paso Aguán Plantation. Over 200 people combed the area for him, until finally on the third day of searching, he was found, blindfolded, barefoot, hands and feet tied up, left in a field. Once rescued, he told how a Dinant security guard approached him with a gun and together with a soldier put him in a vehicle, blindfolded him, and interrogated him about the leadership of the Gregorio Chávez campesino movement. Click here to continue reading…
General Daniel Urresti Elera – Peru
Yesterday in Peru, prosecutors requested 25 years of prison for SOA gradaute, retired General Daniel Urresti Elera, related to the 1988 murder of journalist Hugo Bustíos. As head of the Intelligence Section of the Countersubversive Military High Command Battalion at the time, Urresti is accused of masterminding the ambush and murder of Bustíos. Up until last week, Urresti was in charge of Peru’s police as Minister of the Interior and also made headlines as police repression was unleashed on protests against a law that would eliminate labor benefits and rights for young workers. Twenty thousand young people took to the streets, protesting neoliberal reform.
On January 15, 2015, police unleashed tear gas and detained protesters, and violence was reported between infiltrators and police. Soon after, on January 26, Urresti publicly boasted to the media that the young people would not be able to reach Congress and sent ten thousand police to block them. Nevertheless, the Peruvian youth and social movements prevailed and Congress was forced to repeal the law. Just last week, Urresti apologized for the February 11, 2015 death of 25-year-old Ever Pérez Huaman during protests against a petroleum company in Pichanaki, Peru. Amidst mounting criticism, Urresti admitted political responsibility for the use of firearms by police during the protest, and stepped down as Minister of the Interior.
More Arrests in Chile, But Still No Justice in the U.S. September 19, 2014Posted by rogerhollander in Art, Literature and Culture, Chile, Criminal Justice, Latin America.
Tags: Chile, chile dictatorship, jara murder, Pedro Barrientos, pinochet, roger hollander, victor jara
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September 18th is Chile’s Independence Day, but for many the month of September is more about the heavy memories of the Chilean coup that happened 41 years ago on September 11th, 1973 and its continued legacy. As you may know, one of the most prominent victims of the military regime is the folk singer and activist Víctor Jara.
Last week, three more soldiers accused of his murder were arrested in Chile and more details about his assassination and murderers have beenrevealed (this article is in Spanish!). Pedro Barrientos, the SOA grad who was last known to reside in Florida and has been accused of pulling the trigger, was not on the list of new arrestees, because so far the U.S. government has not acted on the extradition request issued by the Chilean Supreme Court in 2013. When our allies in Chile are making strides toward justice and accountability, we must not remain on the sidelines.
As you know, our Justice for Víctor Campaign has been central to our work over the last year. In 2013, an SOA Watch delegation held asomber vigil at the gates of a U.S.-funded urban warfare training center and outside the U.S. Embassy in Santiago, Chile on 9/11. In April, we held a Víctor Jara Memorial Forum as part of our 2014 Spring Days of Action to share the undying spirit of Jara’s music. Thanks to you and thousands of SOA Watch activists around the globe, we’ve kept the pressure on the US Department of Justice to do the right thing by extraditing Barrientos to face justice in Chile.
Now, as we oppose yet more war and intervention by the U.S. throughout the world, we must hold the killers of yesteryear to account by demanding justice for Víctor and all the other victims of the Chilean coup! Only when the current power elite see their henchmen publicly disgraced will they think twice about repeating the sins of the past.
In solidarity as we remember the Chilean 9/11,
The SOA Watch Team
Victor Jara’s Long Arc September 12, 2014Posted by rogerhollander in Art, Literature and Culture, Chile, Foreign Policy, Latin America.
Tags: abby zimet, Chile, chile cia, chile coup, chile history, chile junta, history, Latin America, pinochet, protest music, roger hollander, salvador allende, victor jara
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Roger’s note: The other 9/11. Another case of U.S. imperial, militaristic, CIA lead murderous intervention in Latin America, a tradition that goes back to the Monroe Doctrine and continues today most blatantly in Venezuela, Colombia and Honduras (with the wilful support of Obama and the enthusiastic support of Hillary Clinton).
Today is the 41st anniversary of Chile’s 9/11, when Pinochet and his CIA-backed military junta overthrew Salvador Allende, Latin America’s first democratically elected Socialist leader, and began a 17-year reign of terror. Marking “a milestone” in the tragic story of their most famous and beloved victim, Chilean officials last week announced the arrest of three more former army officers in the murder of poet and songwriter Victor Jara, who was arrested soon after the coup with over 5,000 others and held, beaten and tortured for days; had his hands broken; and valiantly tried to sing the iconic Allende hymn “Venceremos” before being cut down by 44 Fascist bullets on September 16. Thanks in part to his indefatigable widow Joan’s decades-long fight for justice for Jara, the three officers join eight others charged in 2012. Another 700 military officials still await trial; the Jara family have also filed a civil lawsuit against another former officer now living in the U.S. Unsurprisingly, given newly revealed documents showing that President Reagan considered making Pinochet “a guest of our government” with an offer of political asylum, there’s been no move toward extradiction. In Chile, meanwhile, Jara remains a much-mourned hero and powerful symbol of freedom. Thousands attended a moving 2009 funeral for him when he was publicly re-buried, and the stadium where he died, now a sports venue and Chile’s largest homeless shelter, bears his name. A plaque there marks his death and that of so many others with a few wrenching, hopeful lines from the last thing he wrote. More in tribute here and here.
Tags: beth geglia, cesar maxit, death squads, jorge videla, juan geradi, Latin America, latin american military, natalia munoz, nick alexandrov, oscar romero, pinochet, rios-montt, roger hollander, School of the Americas, soa, street art, torture, vasquez velasquez, victor jara, whinsec
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Roger’s note: If you watch the short video at the end of this posting, you will see a group of young people breaking the law by affixing posters on private property. Someone obviously called the cops, and you will see them being arrested and taken away. I don’t know how things turned out, but I suspect they were processed by the criminal justice system and will pay a price, perhaps even a large one, for their “crime.” The object of their action, their protest, their civil disobedience, i.e., the U.S. government School of the Americas, is responsible for wholesale murder throughout Latin America. They (the American politicians and military and the Latin American soldiers they train) will not be brought to justice for their deeds, they will literally get away with murder. This is the world we live in, supported by our tax dollars.
Víctor Jara was an internationally-acclaimed Chilean singer-songwriter, a theater director and activist. When General Augusto Pinochet took power on “the other 9/11” in 1973, his troops forced Jara and thousands of other political prisoners into Santiago’s Chile Stadium. After a group of soldiers recognized the artist, they tortured him in the arena basement, and then—before the crowd of detainees—cut off his fingers, mocking him as they demanded he perform something, perhaps a composition in the “New Song” genre he’d helped pioneer, and which Pinochet had banned. Witnesses recall that Jara sang “Venceremos”—“We Will Win”—before the guards dragged him away. He was shot 44 times.
Jara is one of the people School of the Americas Watch’s (SOAW) current poster campaign, developed with street artist César Maxit, commemorates. Others include El Salvador’s Archbishop Óscar Romero, who was celebrating Mass in a hospital chapel when assassins gunned him down in March 1980; Guatemalan Bishop Juan Gerardi, one of the main figures behind the crucial human rights report Guatemala: Nunca Más!, whose killers pummeled his face with a concrete slab, mutilating it beyond recognition; and Natalia Tuberquia Muñoz, who was only six in 2005 when massacred—along with three men, two women and another child—in the Colombian village of San José de Apartadó. What the musician, the bishops and the child have in common is that they are just four of the thousands of Latin Americans murdered by School of the Americas (SOA) graduates.
The SOA, located at Fort Benning, Georgia, is a combat training school for Latin American soldiers, 70,000 of whom have studied counterinsurgency techniques, sniper training, commando and psychological warfare there since the institution’s 1946 founding. Training manuals the school used for at least a decade recommended extortion, torture and execution as effective means of dealing with the state’s enemies. And the SOAW posters also feature eight of its alumni, including Argentine dictator Jorge Rafael Videla, who died last year in jail, incarceration his punishment for committing crimes against humanity, including disappearances, torture, and the killing of 15,000-30,000 dissidents; Guatemalan military dictator Ríos Montt, whom a Guatemalan court last year found guilty of genocide against his country’s Ixil Maya; and Honduran General Romeo Vásquez Velásquez, a key official spearheading the country’s 2009 coup, which even the military lawyer—himself an SOA alum—charged with giving the affair a veneer of legitimacy admittedwas “a crime.”
SOA complicity in the recent Honduran coup reveals the institution’s continuing relevance. Its 2001 name-change—it’s known now as the Western Hemisphere Institute for Security Cooperation (WHINSEC)—was merely cosmetic, and “there are no substantive changes besides the name,” one of its former instructors testified shortly after the rebranding. The school’s consistent aim, in the past and today, has been to facilitate Latin American militaries’ wars of repression against their own people. Describing Washington’s support for dictators like Videla and Montt as stemming from its “anti-Communism,” or as related to the U.S.-Soviet rivalry, misses the point. The term “Communist,” for example, was always incredibly elastic, used to refer to illiterate peasant farmers, church officials, university instructors, women in areas considered guerrilla territory—the label could be affixed to whoever was slated for execution. “The army is not killing guerrillas, despite what is reported,” a U.S. mercenary in 1980s El Salvador explained. “It is murdering the civilians who side with them. By terrorizing civilians the army is crushing the rebellion without the need to directly confront the guerrillas. Attacking civilians is the game plan.” The SOAW posters remembering some of the victims—bishops, young girls, a musician—help capture this reality, still very much a part of Washington’s Latin America policy, as ongoing U.S. support for the repressive Mexican, Colombianand Hondurangovernments makes clear.
To help draw attention to the beneficiaries and victims of U.S. training and aid, nearly a dozen activists gathered on May 14 in Washington, D.C.’s Adams Morgan neighborhood, where they pasted up a mural composed, in part, of the SOAW posters. “Though the activists were peaceful in their actions,” SOAW reports, “D.C. police decided that political art was unacceptable in the district. After the artwork was completed, four of the activists”—Dominique Diaddigo-Cash, Gail Taylor, Maria Luisa Rosal, and Nico Udu-gama—“were handcuffed, arrested and held for 6 hours before being charged with ‘defacing public or private property.’ The charge carries a maximum penalty of 6 months in prison and a $1,000 fine,” and those detained “will be arraigned in the D.C. Superior Court on June 5, 2014.”
But the police intervention in the Adams Morgan art action hasn’t had a deterrent effect: in the last few weeks, SOAW activists have taken posters to other District neighborhoods, as well as the streets of Los Angeles and the UC Riverside campus. “The best way to stand in solidarity with the targeted activists, and to push back against the criminalization of dissent,” SOAW reminds us, “is to keep up the resistance!”
This video, by Beth Geglia, shows footage of the May 14 action, as well as the subsequent arrest of four SOAW activists:
And go here for more information on the SOAW poster campaign. You’ll find the full series of downloadable posters on the website, as well as step-by-step wheat-pasting instructions.
Tags: 9/11, almudena bernabeu, amy goodman, Canada, canadian government, Chile, chile coup, chile dictatorship, chilean military, chilean refugees, david heap, Democracy Now, derrick o'keefe, history, joan jara, Latin America, Pedro Barrientos, pinochet, roger hollander, salador allende, torture, U.S. imperialism, victor jara
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Last night, Barack Obama spoke in defence of his threats to launch U.S. air strikes against Syria. In justifying his push for an attack illegal under international law, the constitutional lawyer and Nobel Peace Prize winner appealed explicitly to American exceptionalism. Obama also prefaced his case for bombing Syria with a stunningly ahistorical assertion of American benevolence:
“My fellow Americans, for nearly seven decades the United States has been the anchor of global security. This has meant doing more than forging international agreements. It has meant enforcing them. The burdens of leadership are often heavy, but the world’s a better place because we have borne them.”
Imagine how this nonsense sounds to Chileans, who are today marking the 40th anniversary of the U.S.-backed coup in Chile against the democratically elected government led by Salvador Allende. More than 3,000 were killed in Chile; tens of thousands were jailed, tortured and exiled.
Chile bore the heavy burden of all those who have shown leadership in fighting for a better world. For over seven decades — was Obama’s metaphorical anchor of global security the atomic bombs dropped on Hiroshima and Nagasaki in 1945? — any people combining too much democracy and some measure of national development or socialism that threatens U.S. interests has been met with blood and suffering imposed by that enforcer of global capitalism, the U.S. Empire.
I’ve learned a lot about Chile’s tragedy through my wife and her family. She was born in a refugee camp in Buenos Aires, and came to Canada as a baby after activists in this country agitated and successfully pressured the Liberal government of the day to admit Chileans fleeing the coup (for more on this history, read David Heap’s piece.) Both of her parents were social activists and part of the resistance. So I have some knowledge of the almost unimaginable human toll of the coup.
However, on this anniversary, I don’t want to just repeat a denunciation of the U.S. and the neoliberal economists and their generals who plunged Chile into darkness. I’d rather think about the light that has emerged over the past decades from Latin America, against all odds.
Henry Kissinger et al carried out the coup in Chile because they couldn’t countenance the union of socialism and democracy. An elected Marxist president just could not be tolerated. Allende was a strict constitutionalist and democrat. The coup was a bloody reminder that the ruling classes will never fight fair. They killed thousands in a vengeful attempt to forever separate socialism and democracy. But you cannot kill an idea. Forty years later, they have failed. Socialism and democracy have been reunited. That’s why we can say today: Allende vive. Allende lives.
Allende lives in the governments of countries like Bolivia and Venezuela; Allende lives in the vibrant social movements all across Latin America; Allende lives in ALBA, a regional integration and mutual benefit alliance the likes of which could barely have been fathomed in the 1970s; Allende lives in the steadfast refusal of Latin America to accept U.S. isolation and demonization of Cuba. In fact, it’s the U.S. and Canada who are isolated in Latin America these days, notwithstanding recent coup d’etats in a couple of ALBA’s weaker links, Paraguay and Honduras. And Allende lives in the massive student movement in Chile, which has challenged Pinochet’s legacy of privatization and nudged the whole political spectrum in that country to the left.
Latin America today is the only part of the world where the political left has made concrete gains and broken the stranglehold of neoliberalism. It’s the only part of the world where the left can consistently run in elections as the left — and win.
Today’s resurgent left in Latin America poses a real challenge to timid mainstream social democracy in North America and Europe, not to mention to the small constellation of sects clinging to the certainties of 1917 and other similarly dogmatic or scholastic leftists.
On this 40th anniversary of the coup in Chile, progressives would do well to recommit to learning about and defending the myriad left movements and elected governments of Latin America.
So don’t remember Allende just as a martyr. His descendents have learned from his terrible fate, as Greg Grandin outlined in his London Review of Books article, ‘Don’t do what Allende did.’ The headline refers to reported instructions from Fidel Castro to Hugo Chavez during the hours after the (thankfully failed) coup against Venezuela’s elected leader in 2002.
Emir Sader, the Brazilian left scholar and activist, has summed up the new generation’s political project in his essential book, The New Mole, which looks at the trajectories of today’s Latin American left. Sader explains that, having learned from the Allende government’s failure to “prepare to confront the right’s offensive with strategies for an alternative power,
…processes like those in Bolivia, Venezuela and Ecuador — at the same time as they try to implement an anti-neoliberal economic model — seek to combine this with a refounding of the state and the public sphere… it is still a process of reforms, but one that leads towards a substantial transformation of the relations of power that underpin the neoliberal state.”
It’s an enormous and worthy undertaking. We should learn from Latin America and we should join them. That’s the best way to honour the legacy of the Chileans who fell forty years ago to the enforcers of global capitalism.
Spanish Judge Baltasar Garzón on Holding Torturers Accountable, Why He Opposes the Killing of Osama bin Laden, and His Threatened Ouster from the Bench May 12, 2011Posted by rogerhollander in Criminal Justice, Torture.
Tags: al-Qaeda, Alberto Gonzales, amy goodman, baltasar garzon, Baltazar Garzon, bin Laden, bin laden assassination, chile dictatorship, Criminal Justice, democracynow, edward aguirre, feliape gonzalez, garcia lorca, general franco, Guantanamo, human rights, International law, juan gonzalez, lorca's grave, pinochet, roger hollander, salvador allende, Spain, Spanish Civil War, torture, universay jurisdiction, victor jara, War Crimes, wikileaks
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www.democracynow.org, May 12, 2011
Citing the doctrine of universal jurisdiction, Spanish judge Baltasar Garzón has used the Spanish courts to investigate cases of torture, war crimes and other offenses around the world. In 1998, he ordered the arrest of former Chilean dictator Augusto Pinochet, a move that led to Pinochet’s arrest and detention in Britain. In 2003, Garzón indicted Osama bin Laden and dozens of other members of al-Qaeda. Garzón later attempted to indict six high-ranking members of the Bush administration for their role in authorizing torture at the U.S. military prison at Guantánamo Bay and overseas, before the case was eventually dropped under U.S. pressure. While Garzón has long been one of the world’s most feared judges, he is now facing his own legal battle. Last year he was indicted for exceeding his authority for launching an investigation into the disappearance of more than 100,000 civilians at the hands of supporters of Gen. Francisco Franco during the Spanish Civil War. Garzón was suspended as a judge in May 2010 and is facing three separate trials.
JUAN GONZALEZ: We’re joined now by the Spanish judge Baltasar Garzón, perhaps one of the world’s most famous judges. Citing the doctrine of universal jurisdiction, Garzón has used the Spanish courts to investigate cases of torture, war crimes and other offenses around the world.
In 1998, he ordered the arrest of former Chilean dictator Augusto Pinochet, a move that had led to Pinochet’s arrest and detention in Britain for 18 months.
In 2003, Garzón indicted Osama bin Laden and dozens of other members of al-Qaeda. The indictment led to Europe’s biggest trial of alleged al-Qaeda operatives. Eighteen were eventually found guilty.
Garzón also led the case against Argentine ex-naval officer Adolfo Scilingo for crimes committed during Argentina’s Dirty War. Scilingo is now serving a 640-year sentence.
Garzón attempted to indict six high-ranking members of the Bush administration, including former Attorney General Alberto Gonzales, for their role in authorizing torture at Guantánamo and overseas. The case was eventually dropped. We now know, thanks to WikiLeaks, that the Bush administration privately pressured the Spanish government to drop the prosecution.
AMY GOODMAN: While Judge Garzón has long been one of the world’s most feared judges, he is now facing his own legal battle. Thirteen months ago, he was indicted for exceeding his authority for launching an investigation into the disappearance of more than 100,000 Spanish civilians at the hands of supporters of General Francisco Franco during the Spanish Civil War. Garzón was suspended as a judge in May 2010 and is facing three separate trials.
The attack on Garzón has been widely criticized by human rights defenders. Lotte Leicht of Human Rights Watch said, quote, “Garzón sought justice for victims of human rights abuses abroad and now he’s being punished for trying to do the same at home. The decision leaves Spain and Europe open to the charge of double standard.”
Judge Baltasar Garzón is here in New York this week to receive the first Abraham Lincoln Brigade Archives/Puffin Foundation Award for Human Rights Activism. He flew in from Spain last night, joins us in the studio today.
Welcome to Democracy Now!
JUDGE BALTASAR GARZÓN: Good Morning. Thank you.
AMY GOODMAN: And thank you to Tony Geist for translating.
Judge Garzón, let’s start with the latest news: the assassination of Osama bin Laden. You have condemned this. Why?
JUDGE BALTASAR GARZÓN: [translated] Any person who leads a terrorist organization like al-Qaeda is obviously a target. Under the rule of law, justice should be sought by legal means. According to the information we have, he could well have been arrested and brought to trial for his crimes.
AMY GOODMAN: Yet he was assassinated. Talk about the example you believe this sets.
JUDGE BALTASAR GARZÓN: [translated] According to international law, the murder or the assassination of bin Laden was not the appropriate solution. Clearly, from the information we have, it’s an undefined situation, given the state of conflict between the United States and al-Qaeda.
JUAN GONZALEZ: I wanted to ask you about the case, particular case, that you have been now indicted for, specifically overreaching your authority, supposedly, in terms of the investigation into the civilian deaths under the Franco regime. You prosecuted similar cases, where amnesties had been declared, in Argentina and Chile, and your government had no problem with that. But now, when you challenge the amnesty that was supposedly granted to the perpetrators of the Franco atrocities, suddenly the government has problems with your methods?
JUDGE BALTASAR GARZÓN: Yeah. [translated] This is the paradox and the irony of a situation in which Spain has been a pioneer in the application of universal jurisdiction. Yet, when it actually comes to investigating the case and the facts of the case in Spain, the country denies access to the facts and puts the judge himself on trial. It is the obligation of a judge to investigate the cases and to search for truth, justice and reparation for the victims of these crimes.
JUAN GONZALEZ: And in terms of the particular powers of a judge in Spain that may differ from what we here in the United States understand as a judge’s power, that the judges in Spain have both a sort of prosecutorial as well as a judgment aspect to their responsibilities, could you explain that?
JUDGE BALTASAR GARZÓN: Yes. [translated] Judges in Spain are a combination of prosecutor, investigator and judge.
AMY GOODMAN: I wanted to ask you about the WikiLeaks revelations. In Spain, there’s a lot of attention, of the documents, the U.S. government cables that have come out, about U.S. interference with the judiciary in Spain. One of the WikiLeaks cables was signed by Edward Aguirre, who is the—President Bush’s ambassador to Spain, who met with you. And he was concerned about a number of issues, and the U.S. has been concerned about the case in which—you opened against six former Bush administration officials, including Attorney General Alberto Gonzales, for torture at Guantánamo. Explain this case and why it has now been dropped.
JUDGE BALTASAR GARZÓN: [translated] In Spain, opened two procedures against—in the Guantánamo case: a general case against—regarding those six people and another specific case in four cases of torture. They were each in separate courts. The case of the four specific cases of torture is in his court, and it’s gone forward, although without specific indictments against particular individuals. Under the principle of universal jurisdiction, they have requested that the United States answer whether they are following up, investigating that case, or not. And if not, we’ll take it to the next step. It’s quite clear that they’re crimes against humanity, cases of torture, and therefore the government is obliged, under universal jurisdiction, to investigate them.
AMY GOODMAN: The ambassador in the document, in the WikiLeaks cable, said you have an anti-American streak. Your response?
JUDGE BALTASAR GARZÓN: No, you know, no, I don’t. Enemy against the United States, no. I think that is the justice, only justice, as the torture is a universal crime, is necessary to investigate. Only this.
JUAN GONZALEZ: I’d like to ask you about—to go back to the case of the Franco era. The New York Times, in an editorial in support of you, said recently, “The real crime[s] in this case are the disappearances, not Mr. Garzón’s investigation. If, as seems likely, these were crimes against humanity under international law, Spain’s 1977 amnesty could not legally absolve them.” Interestingly, the charges were brought against you initially by right-wing, pro-Franco groups in the country. So, in essence, some claim that the only one to be prosecuted for the crimes of the Franco era are the judge that has tried to investigate the cases. Could you—for Americans who are not familiar with what happened during the Franco era, could you talk a little bit about that?
JUDGE BALTASAR GARZÓN: [translated] The paradox again is that the government refuses to investigate the crimes against humanity and at the same time is prosecuting the judge who wants to uncover them. There were between 150,000 and 200,000 people disappeared under the Franco regime, as part of the civil population. It’s still not known where the victims lie buried. It’s a permanent crime, and therefore it cannot be absolved by an amnesty law.
AMY GOODMAN: Judge Baltasar Garzón, you have called for the exhumation of 19 unmarked graves, among them the one believed to contain the remains of the great poet, Federico García Lorca. Why?
JUDGE BALTASAR GARZÓN: [translated] He ordered specifically the opening, the exhumation of Lorca’s grave, because it was requested by the families of the other people who apparently are buried with him. And the request was made specifically to the judge of Granada, the area where the burial is.
AMY GOODMAN: And what do you hope to find?
JUDGE BALTASAR GARZÓN: [translated] So, the process is paralyzed right now because the judge of the location where Lorca is buried is one of those who objected and brought the case against Garzón. And the Supreme Court has suspended his decision to exhume the grave.
AMY GOODMAN: So, we’re going to go to break, but when we come back, we want to talk to Judge Baltasar Garzón about what this means that he now has been indicted, he has been suspended, he can’t practice law right now in Spain, what it means for all of these cases. This is Democracy Now!, democracynow.org, The War and Peace Report. Back in a minute.
AMY GOODMAN: Víctor Jara. This is Democracy Now!, democracynow.org. Víctor Jara, the great Chilean singer who was killed when the Augusto Pinochet forces rose to power and Allended died in the palace, September 11th, another September 11th, remarkably enough, 1973, who died among so many thousands of Chileans. It’s our guest today, Judge Baltasar Garzón, who first held Augusto Pinochet accountable, after his 17 years of brutal rule in Chile. When Augusto Pinochet went to Britain in the late ’90s for a doctor’s appointment, Judge Baltasar Garzón, from Spain, had him indicted. And it was because of that indictment that Augusto Pinochet was held in Britain for a year, until eventually allowed to go home.
Now Baltasar Garzón, Judge Garzón, faces his own trial, as he has been taken off the bench after crusading on many different issues, including the indictment of Osama bin Laden and other al-Qaeda operatives in 2003.
I’m Amy Goodman, with Juan Gonzalez.
JUAN GONZALEZ: Well, Judge Garzón, I’d like to ask you about another case that you were involved with, which was the investigation of the “dirty war” that occurred against Basque separatists under a Socialist government, the government of Felipe Gonzalez, in Spain. And you—many say that you were responsible for the fall of that government as a result of what you uncovered. Could you talk about what you found? And interestingly now, Felipe Gonzalez is supporting you and saying that what is happening to you is unjust.
JUDGE BALTASAR GARZÓN: [translated] I would never be responsible for an electoral loss that is due to the citizens who voted. What I did was simply investigate accusations of persecution against people accused of terrorism. The state of law is equal for all people. It cannot depend on electoral politics. A number of highly placed officials in the Socialist party, ruling party, government were accused and found guilty and removed. I believe that the democracy and the rule of law was strengthened by this action.
AMY GOODMAN: I wanted to go back to Chile. The family of the former Chilean president, Salvador Allende, asked last month for his body to be exhumed to help determine the cause of his 1973 death. President Allende was overthrown in a U.S.-backed coup, September 11th, 1973. The official cause of death on that day in the palace was listed as suicide, but it’s long been speculated he was assassinated by the forces of General Augusto Pinochet. Allende’s daughter, Isabel Allende, spoke to the media.
ISABEL ALLENDE: [translated] We requested the exhumation and autopsy. I think it’s the most rigorous and definitive proof to clear up the causes of his death, and we think this is going to be tremendously important.
AMY GOODMAN: That was the daughter of Salvador Allende, Isabel Allende, not to be confused with the great writer who is his niece. What do you say about the calling for the exhumation and the investigation of whether this was assassination or whether he took his own life as the Augusto Pinochet forces moved into the palace?
JUDGE BALTASAR GARZÓN: [translated] In the first instance, they investigated the criminal actions of those who rose up against a democratically elected government. The actual cause of death is less important than recognizing the fact that this was an illegal action, a coup against a legally elected government. And for those crimes, Pinochet was investigated and indicted in London.
AMY GOODMAN: So where do you stand right now, Judge Garzón? You’ve been suspended. You face trial. You face prison for many years.
JUDGE BALTASAR GARZÓN: I am provisionally suspended in my function, jurisdictional function. But I hope the trial against me, that we will, in the next month, I think—but it’s very complicated for me, my actual situation, because I cannot to investigate, to work in Spain. But I work right now in La Haya, in the International Criminal Court, with the prosecutor. But it’s not my destination. I hope the resolution, it will be proximally.
JUAN GONZALEZ: Some of your—you have many people who are passionately supporters of yours, as well as very strong critics, including among your colleagues on the bench. Several major judges in Spain have accused you of basically being a media personality trying to grab attention and really overstepping your responsibilities as a judge. How do you answer those in the judicial community who have criticized you in the past?
JUDGE BALTASAR GARZÓN: [translated] What’s most important are the cases in which I have participated. Any judge who had done what I did would be well known. That’s not, in principle, a bad thing. What’s wrong is to impede those investigations and that the victims should not be aided. It’s true that my personality gives an additional passion to it. But that should be appropriate for any judge. All I’ve done is my job, and I intend to continue doing it. And I’m not especially worried about the criticism that comes from the bench.
JUAN GONZALEZ: And even if you’re absolved of the charges, do you think you will be able to continue to function as a judge in Spain?
JUDGE BALTASAR GARZÓN: [translated] It’s possible that I could continue, but right now I’m involved in a very interesting project in Colombia. For a certain amount of time, I’m going to be working with the OAS in Colombia on furthering the peace process and mediating, to work on a means of transitional justice.
JUAN GONZALEZ: In terms of having—achieving a peace between the FARC and the government?
JUDGE BALTASAR GARZÓN: [translated] To be able to mobilize and put into practice the law which came after the demobilization, so cases can go to trial and victims can receive justice.
AMY GOODMAN: I wanted to, as we wrap up, talk again about universal jurisdiction, what this means, using the Spanish courts to hold tyrants accountable, wherever they may be. The Spanish government is now curtailing this, saying they don’t want to use universal jurisdiction. You have been a crusader for this. Lawyers around the world have looked at what you’re doing, seeing if it’s possible in their own countries. Yet your own government is cracking down on this. Will you be able, if you are cleared of all the charges and can go back to work, to continue to hold international torturers, tyrants, accountable?
JUDGE BALTASAR GARZÓN: [translated] Yes, indeed. Not just me, but any judge should be able to and will be able to do so. No government in the world is easy with the application of the principle of universal jurisdiction. It’s a mistake. I believe it’s a mistake, because the principle of universal jurisdiction allows the fight against impunity to move forward. It’s the final scenario when the country itself is not willing to investigate these crimes, any government.
JUAN GONZALEZ: Were you surprised by some of the WikiLeaks revelations that indicated an extraordinary degree of pressure by the United States government on the judiciary and the government of Spain on cases affecting the United States?
JUDGE BALTASAR GARZÓN: [translated] Yes, it did surprise me. Those who are susceptible to being pressured will be pressured. And if not, the pressure is meaningless. In this case, the justice system in Spain, specifically in regard to Guantánamo, steadfast, stood fast.
AMY GOODMAN: We have just 10 seconds. Short answer. Your assessment of the wars in Iraq and Afghanistan?
JUDGE BALTASAR GARZÓN: [translated] The war in Iraq was an unjust and illegal war. And the war in Afghanistan, which has been conducted properly until now, there are many other things that still need to be revealed.
AMY GOODMAN: Judge Baltasar Garzón, thank you so much for being with us.
Torture Is Not a New US Foreign Policy Tool May 22, 2009Posted by rogerhollander in Argentina, Chile, El Salvador, Latin America, Torture, Uruguay.
Tags: argentina dictatorship, cesar chelala, chile dictatorship, chile torture, dan mitrione, dwight d.eisenhower, el salvador massacre, foreign policy, foreign policy torture, latin american military, migel angle estrella, office of public safety, pinochet, School of the Americas, torture, u.s. advisors, uruguay torture, uruguayan guerrillas, victor jara
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“We are going to smash your hands to pulp like the Chileans did to Victor Jara.” Those were the words of the torturers in a Uruguayan prison spoken to my friend Miguel Angel Estrella, a pianist from Argentina. They were referring to the fate of the imprisoned Chilean singer and guitarist Victor Jara, whose hands were destroyed so that he would never play the guitar again. Jara, a fervent opponent of the Pinochet regime, was brutally tortured and later machine-gunned to death after the coup that brought Pinochet to power in 1973.
Estrella was being held in Uruguay’s Libertad prison, accused of being a guerrilla from Argentina fighting the Argentine military regime. Unable to prove the charges against him, and given the unprecedented international pressure, the Uruguayan government released him in 1978, having kidnapped him at the end of 1977.
Estrella was luckier than most of those imprisoned by the South American military. Although tortured and held for a long time in isolation, Estrella eventually recovered, leads a brilliant career as a musician, and is now Argentina’s Ambassador to UNESCO.
One of those training the Uruguayan torturers was an American operative, Daniel (Dan) Mitrione, who was later captured and killed by Uruguayan guerrillas. According to A.J. Langguth, a former New York Times bureau chief in Saigon, Mitrione was among the US advisers who taught torture to the Brazilian police.
Mitrione’s method for the application of torture was carefully orchestrated. Langguth reports that the method was described in detail in a book by Manuel Hevia Cosculluela, a Cuban double agent who worked for the C.I.A., “Passport 11333, Eight Years with the C.I.A.”
This is Mitrione’s voice: “When you receive a subject, the first thing to do is to determine his physical state, his degree of resistance, through a medical examination. A premature death means a failure by the technician. Another important thing to know is exactly how far you can go given the political situation and the personality of the prisoner. It is very important to know beforehand whether we have the luxury of letting the subject die….Before all else, you must be efficient. You must cause only the damage that is strictly necessary, not a bit more. We must control our tempers in any case. You have to act with the efficiency and cleanliness of a surgeon and with the perfection of an artist…”
In Uruguay, Mitrione was the head of the Office of Public Safety, a U.S. government agency established in 1957 by US President Dwight D. Eisenhower to train foreign police forces. At Mitrione’s funeral, Ron Ziegler, the Nixon administration’s spokesman, stated that Mitrione’s “devoted service to the cause of peaceful progress in an orderly world will remain as an example for free men everywhere.” Thanks to former Senator James Abourezk’s efforts, the policy advisory program was abolished in 1974.
Mitrione’s case was far from unique. Through the School of the Americas, thousands of military and police officers from Latin America were trained in repressive methods, including torture.
On November 16, 1989, six Jesuit priests, a co-worker and her teenage daughter were massacred in El Salvador. I knew one of those killed, Ignacio Martin-Baró, vice-rector of the Central American University. He was the closest I have ever been to a saint. A U.S. Congressional Task Force concluded that those responsible for their deaths were trained at the U.S. Army School of the Americas at Ft. Benning, Georgia.
Human beings make culture. And we also make torture, that bastard child of culture. It is up to us to change this situation. When running for president Barak Obama stated, referring to the Iraq war. “It is not enough to get out of Iraq; we have to get out of the mindset that led us into Iraq.” A similar assertion could be made about torture. It is not enough to say that torture will not be practiced any longer by the U.S. We need to get out of the mindset that made torture possible in the first place.