HUMR5132 Human Rights Law in Context (Autumn 2013) Enforced Disappearance : Latin America experiences Jemima García-Godos Dept. of Sociology and Human Geography 18.10.2013
In this lecture: What does enforced disappearance actually involve? Modus operandi of enforced disappearance Looking for the disappeared Implications of been absent Exhumations - Inhumations Closure? Examples from Peru, Chile and Guatemala
Desaparecido - Missing http://www.criterion.com/films/769-missing
A sad Latin American background Enforced disappearance: a widespread practice during military dictatorships in Latin America 1970s-1980s.
Features of enforced disappearance A complex crime: the detention of a person followed by refusal to acknowledge her detention and/or absence of information about her whereabouts. A crime that continues until the person or her body is found. Combines with other crimes. Also victimization of the victims family.
Why disappearing the enemy? To obtain information from detainees. To get rid of opposition or subversives without the entanglements of rule of law To frighten local population and get their tacit support. Peru, Guatemala: part of counter-subversive strategy against guerrilla members, collaborators, suspects Chile, Argentina: against «communist threat»
How many disappeared in Latin America? Country Argentina Chile 3216 Peru 5972 Guatemala # disappeared 30000 aprox 40000 aprox Colombia 3459 / 15600 / 57200 Paraguay 377 Honduras Uruguay Brazil 475 200 aprox 200 aprox
Modus operandi Often - but not only - during state of emergency. Identification of the victim, and subsequent detention. Often at night, during raids; but also at daylight. Kept in detention in one or several sites; transfers usual. Interrogation; torture. Processing information obtained, if any. Decision to execute the detainee or let her go. If executed or died during torture, dispose the body. Destroy remains of victims. Say No no matter what.
Looking for the disappeared With or without witnesses? Where to look when there are several detention sites? How long to look for? What about the public prosecutors, can they help? - Civil liberties under siege - Military high command Who else can help? - the church - Human rights organisations - NGOs - media How long does it take to find them?
Truth commissions in Latin America TCs focus on the past TCs investigate a pattern of abuses over a period of time TCs are independent bodies limited in time TCs are officially sanctioned and authorized by the state. Mandate, composition, methodologies, recommendations, follow-up. Truth commissions in 15 Latin American countries since 1982. Followed by 8 victim reparations programs,
Prosecutions Military regimes and state of emergency: limited access to courts Denunciations archived or blocked by procedural bottlenecks Protection from judicial prosecution through amnesties. IACtHR 2001 Barrios Altos case amnesties do not apply Chile: Pinochet case 1998/1999 Peru: Fujimori case 2008 Guatemala: Police Archives 2005 New wave of trials in Latin America, most consolidated in Argentina, but progressively moving forward in other countries. (one step forward, two steps back, and so on )
Implications of been absent Civil status: can your wife remarry? Property: can your children inherit? Social benefits for your family, in absence of a death certificate? Your family: keep searching or moving on? Living without knowing
Exhumations - Inhumations Exhumations and Inhumations are complex processes involving: Victims & witnesses to denounce and identify mass graves and clandestine burial sites. Judicial process: requires presence of prosecutor/judicial authorities. Technical expertise: forensic science, labs, systematization, archives. Logistical expertise: interagency coordination, funding, sharing information, outreach. Human compassion.
What exhumations involve From Colombia s Special Prosecutor for Justice and Peace (Sept 2012): GESTIÓN EXHUMACIONES Fosas exhumadas 3.806 Cadáveres encontrados 4.792 Cuerpos con identificación indiciaria (con muestra de ADN y esperando resultados de laboratorio) 737 Cuerpos plenamente identificados por pruebas de ADN o Carta Dental 1.965 Cuerpos entregados a familiares 1.801 Cuerpos identificados y pendientes de entrega a familiares 190 JORNADAS ESPECIALES DE ATENCIÓN A FAMILIARES DE DESAPARECIDOS No. de Jornadas 248 No. de Personas Atendidas 42.973 No. de Muestras Biológicas tomadas 17.230 http://www.fiscalia.gov.co:8080/justiciapaz/index.htm
Closure? Will all the disappeared ever be found? Challenges to criminal accountability The right to truth Who decides when it is time to move on? What about the disappeared today? J. García-Godos, ISS-UiO