Murder of Indigenous Guatemalan Lawyer Fausto Otzín Needs Investigation
Last month Fausto Otzín, a Guatemalan indigenous human rights lawyer, was found badly injured in a ditch. He suffered multiple machete and stab wounds and passed away shortly after being found. He was only 32 years old and leaves behind a wife and children.
Otzín was a well-known and respected figure in the Guatemalan human rights community. He formerly served as the Executive Director of the Association of Mayan Attorneys and was heavily involved in promoting the rights of indigenous communities and victims of Guatemala's 36-year armed conflict.
The violent attack against Otzín displays troubling signs of an extra-judicial killing. Otzín's body was found with severe signs of suffering close to a military base in the area. Disturbingly, Otzín's death follows the murder of several other Mayan community leaders and was preceded by death threats sent to his telephone.
Take action now to urge Guatemalan authorities to identify and prosecute the individuals responsible for the killing of Fausto Otzín.
All signs pointed to the release of Carmelo Agamez Berrio, a well known Colombian human rights activist, who has been unjustly detained for almost a year in Sucre. He had been appointed a new prosecutor and senior Colombian justice officials had raised concerns about due process rights violations in his case. However, in a surprising twist last week, the 28th antiterrorism prosecutor in Bogota issued a resolution formally bringing to trial the specious investigation against Agamez.
Carmelo Agamez is Technical Secretary of the Movement of Victims of State Crimes (MOVICE) in Sucre department. He was detained in November 2008 charged with consorting with right-wing paramilitary leaders. Agamez has devoted his career to documenting human rights violations and exposing alleged links between local public officials and paramilitaries. Given his strident opposition to paramilitary groups, it is implausible that he has also been consorting with them. The case against Agamez has been marked by a series of inconsistencies and violations, which both a court and the Prosecutor General of Colombia have publicly recognized.
In May 2009, the Superior Tribunal of Sucre found that the prosecutor breached Agamez's due process and defense rights by failing to inform him of the charges against him. According to Agamez’s defense, the arrest warrant against him was not authorized and his house was raided without a warrant. The charges against Agamez are based on the uncorroborated testimony from two discredited witnesses alleging that Agamez participated in a paramilitary meeting on an unspecified date. Neither of the witnesses are impartial: was recently detained after Agamez and MOVICE publicly exposed his alleged links to paramilitaries, while Agamez was involved in the arrest of the second witness’ brother and cousin. Many other witnesses have testified that Agamez did not participate in the meeting in question, while still another witness recanted her testimony explaining that the prosecutor had induced her to falsely impugn Agamez.
In July 2009, the Colombian Prosecutor General issued a formal resolution, in which he repeatedly cited concerns about the lack of impartiality in the investigation against Agamez by international human rights organizations such as Human Rights First. In the resolution he ordered a criminal investigation of Sucre prosecutor Rodolfo Martinez Mendoza for alleged corruption in connection with his baseless prosecution of Agamez.
It is inconceivable, after such serious concerns were raised by senior Colombian justice officials, that Agamez’s case could make it to trial. The new prosecutor has done so without offering any additional evidence of Agamez's guilt nor addressing the evidentiary and due process concerns raised by senior justice officials.
It is crucial for the United States government to take a stand regarding this issue and demand that justice be served. Members of Congress and the US embassy in Colombia should raise their concerns about this case with the Colombian government and urge the Colombian Prosecutor General to take a strong stand regarding this injustice by immediately dropping the charges against Agamez.
Unfortunately, Agamez's unjust detention is just one emblematic example of a much bigger problem: the extensive use of malicious criminal investigations and trumped-up charges to silence human rights activists in Colombia. This widespread nature of this problem was documented in a recent report by Human Rights First, In the Dock and Under the Gun: Baseless Prosecutions of Human Rights Defenders in Colombia.
Given that the United States provides Colombia with approximately $40 million in justice and rule of law aid, the US can and must be a part of the solution. The Congressional Tom Lantos Human Rights Commission has recognized this by holding two hearings this year related to the arbitrary detention of Colombian activists. Members of Congress, the State Department and the Department of Justice should all urge the Colombian Prosecutor General to issue a resolution to delegate a unit of his office to coordinate the review of all investigations against Colombian human rights defenders, which would immediately close all specious cases.
Colombian Award Winner Gonzalez interviewed in the Huffington Post
Gabriel Gonzalez, one of the winners of Human Rights First's annual Human Rights Award, was featured in the Huffington Post today.
Thanks in large part to thousands of activists who urged the State Department to grant him a visa in time, Gonzalez was able to come to New York to receive the award, and go to D.C. for meetings on the Hill, and with Diane Tucker, the author of this article. Tucker describes his trip here, to receive our award and conduct advocacy, but also what he can expect upon return to Colombia:
Last week in Manhattan, veteran journalist Tom Brokaw presented the 2009 Human Rights Award to Gabriel Gonzalez, a young activist who opposes the inhumane treatment of Colombian prisoners. The thoughtful young man then flew home to Colombia, where he is charged with being a terrorist and faces seven years in prison.
Call it one heck of an identity crisis for Gonzalez, or better yet, call it "same old, same old" in Colombia, where the difference between "hero" and "rebel guerrilla" can be a matter of opinion, and all too often a matter of life and death. Last year, 11 human rights workers were murdered in Colombia. So far this year, at least nine have been killed, despite increased government protection.
Watch the video we showed at our awards dinner:
Read more about Colombian defenders and what Human Rights First is doing to help.
Persecution of Colombian Human Rights Defenders: a Congressional Testimony
Check out testimony below made by Human Rights First's Andrew Hudson, at the Tom Lantos Human Rights Commission Hearing yesterday. Accompanying Andrew was Gabriel Gonzalez, Colombian human rights defender and recipient of our annual human rights award, who also gave firsthand testimony of the plight of human rights activists in Colombia.
Watch the video of Andrew's testimony (English) and Gabriel Gonzalez's (Spanish):
Human Rights Defenders in the Crosshairs:The Ongoing Crisis in Colombia
Mr Chairman,
Around the world, Human Rights First protects human rights activists who are attacked for defending the rights of others. For many years we have focused on Colombia as a country with particularly high levels of persecution against defenders. As the last witness today, I will briefly summarize some key themes that have emerged in this hearing and present some recommendations for Congress.
Today we have heard compelling evidence from a UN expert and two Colombian human rights activists about the reality on the ground in Colombia. (As an aside we are delighted that Gabriel Gonzalez is here today and thank you Chairman McGovern for helping him obtain a visa to come the US.
Human Rights First is honoring Gonzalez with its 2009 annual human rights award in recognition of his brave human rights advocacy and the harrowing baseless prosecution he continues to suffer.)
All speakers have voiced serious concerns about patterns of harassment against Colombian human rights activists. All speakers have described how Colombian activists are subject to the full gamut of human rights violations including killings, torture, threats, misuse of state intelligence, systematic stigmatization, unfounded criminal proceedings and impunity for violations against defenders. Most shockingly as the Special Rapportuer concluded, activists are targeted “because of their legitimate work in upholding human rights and fundamental freedoms.”
Human Rights First welcomes the statement by Colombian President Uribe on 17 September 2009 after his meeting with the Special Rapporteur that, "The defense of human rights is a necessary and legitimate action for democracy in a country like Colombia which is proud to be completely open to international scrutiny in this field". We hope that this will signal an end to his dangerous stigmatization of human rights defenders as terrorists. We also welcome the constructive relationship we have forged with various Colombian institutions in particular to close baseless criminal charges against Colombian defenders.
In February this year, HRF testified before this Commission and released a comprehensive report documenting how trumped-up criminal charges are used to silence and stigmatize defenders. Six months later, only one defender in the report remains imprisoned, Carmelo Agamez. Sadly, however, many more defenders have subsequently been unfairly detained in those intervening months.
As a source of approximately $500 million in annual aid to Colombia, the US can and must play a role in addressing the problems we have heard today. We have the following recommendations for Congress:
US Congress should include in appropriations legislation a condition requiring certification by the State department that Colombia is not violating the rights of defenders (a provision to this effect is in the draft Appropriations Bill and we urge that it be retained in the final Act).
The US Department of Justice should be a key ally for defenders in Colombia by ensuring that its significant judicial reform aid is being used to defend those upholding the rule of law in Colombia. The US Congress should increase oversight of DOJ (through reporting requirements and budget hearings) to determine how DOJ is ending impunity for violations against defenders, the misuse of state intelligence and unfounded criminal proceedings.
As Gonzalez’s 4 months visa delay demonstrates, there is a desperate need for Congress to overhaul so-called “administrative processing” procedures so that legitimate human rights defenders can obtain visas in a reasonable amount of time.
We also recommend that members of Congress encourage US foreign policy to Colombia to adopt the detailed recommendations contained in the international campaign for the right to defend human rights (copies of these recommendations are available at this hearing).
Colombian Activist - and Human Rights First Award Winner - Granted Visa!
Last week Human Rights First rallied thousands of activists to support Colombian human rights activist Gabriel Gonzalez by signing a petition urging he be granted a visa to enter the United States to receive our human rights award on October 22, 2009 and meet with key policymakers in Washington and New York to advance our advocacy goals in Colombia.
Gonzalez’s request had languished in a bureaucratic limbo for four months, a delay that spurred media attention, Congressional inquiries, and other diplomatic advocacy efforts.
His case illustrates the predicament activists face when they are falsely accused of being terrorists as a result of their work in support of human rights. Read more about defenders in Colombia.
Thanks to our supporters for helping get Gonzalez the recognition he deserves, and the chance to speak for human rights defenders in Colombia.
A human rights activist unjustly detained in Colombia today has greater hopes of being released. Human Rights First has consistently advocated on his behalf, and he was one of the cases listed in a recent report on baseless prosecutions of human rights activists in Colombia.
In November 2008, Carmelo Agamez was charged with belonging to a paramilitary group, even though he has spent his career denouncing paramilitary violence and government corruption.
Now, it is the prosecutor linked to his case who is being investigated for corruption in connection to his baseless prosecution of Agamez.
The Attorney General repeatedly cited Human Rights First’s concerns about the lack of impartiality in the investigation against Agamez. We had previously called on the Attorney General to appoint a new prosecutor to the case and to release Agamez from detention.
Election in Indonesia, with reminders of ugly past
A former Human Rights First award-winner, wife of slain Indonesian activist Munir Said Thalib, co-wrote a compelling op-ed in the Jakarta Post calling for a reckoning with Indonesia's past, and justice for its many abuses.
Today is election day in Indonesia, and as results come in, this op-ed looks beyond those results to what it means that two of the vice-presidential candidates have been broadly and credibly reported to be implicated in human rights violations in the past.
The elected leaders have a lot to do to restore the rule of law in Indonesia and this opinion piece reminds us that to move forward, an accounting of the past will be necessary.
Defender alert update: Pakistani women's rights leader gets electricity restored
Some success this weekend on an outstanding defender alert!
Last month we sent an alert on behalf of Muktar Mai, a leading women's rights activist in Pakistan. Her organization's electricity had been cut off in highly suspect circumstances. Read more in a recent Huffington Post blog.
On July 4, electricity was finally restored, after 24 days without power. Step 1, accomplished.
But let's not be too quick to celebrate. The Pakistani government has still not begun an investigation that would hold those responsible accountable for the June 11 incident.
The international community must continue to pressure the Pakistani government to investigate the disconnection of electricity and the harassment of staff and women at the Shelter Home for battered women. If you haven't already, send a letter on their behalf.
Defender alert follow-up: President Obama makes promising remarks on Colombia and human rights
President Obama and Colombian President Uribe had their first official meeting yesterday, and, all in all, it was promising.
Thank you to those who participated in our campaign last week to urge President Obama to raise human rights concerns! Obama commented directly on a number of the concerns we raised in the letter, broadly emphasizing the need for respect of human rights and the rule of law.
President Obama specifically mentioned the need to protect human rights defenders (which was our main ask):
We look forward to cooperating with [Uribe] to continue to improve both the rights of organized labors in Colombia and to protect both labor and civil rights leaders there… on issues like extrajudicial killings and illegal surveillance, … it is important that Colombia pursue a path of rule of law and transparency.
Although the tone could be stronger, his comments mark a welcome improvement from Bush Administration policy with regards to Colombia. But words are one thing, now we want follow-up.
HRF Op-ed in Boston Globe on Colombia and human rights
Check out Senior Associate Andrew Hudson's opinion piece that ran in Saturday's Boston Globe. It discusses outstanding human rights concerns in Colombia, pointing out what issues President Obama should raise in the meeting taking place today with Colombian President Alvaro Uribe.
Today's meeting is an opportunity for President Obama to break with the past administration's approach to relations with Colombia - one that ignored human rights - and begin the process of restoring U.S. credibility in Latin America.
Mai's organization was raided earlier this month by the Multan Electric Power Company - in what looks to be the latest in a series of harassing incidents.
Following her gang rape in 2002, Mai mobilized support and fought back, becoming one of the leading women's rights advocates in Pakistan. Read more in our Huffington Post piece, and in a recent blog by Nicholas Kristof.
The raid earlier this month is not an isolated event - help us demand action from the Pakistani government.
