Departmental legislator Gustavo Torrico and Evo Morales’ legal representative Patricia Pamela Hermosa are the latest people arrested in the interim Bolivian government’s legally dubious effort to prosecute exiled president Evo Morales for the crimes of sedition and terrorism. Torrico, a member of the Departmental Legislative Assembly of La Paz, was arrested last night (February 6) and is expected to be charged with sedition for threatening comments he made in a late October radio interview. Hermosa, for her part, was arrested on February 2while bringing Morales’ identity documents into Bolivia in order to register him as a MAS-IPSP candidate for Senate. She seems to be under investigation due to telephone records indicating she spoke with Evo Morales in November after his overthrow on November 10. The government has also floated the possibility of subpoenaing Chapare cocalero leader and senate candidate Andrónico Rodríguez in the case.
These moves, on top of the active investigation of at least 592 Morales government officials for alleged financial irregularities, and the recent brief arrests and apparent physical mistreatment of two officials given safe passage out of the country, illustrate a scenario in which judicial actions is being used as an active mechanism of political persecution against members of Morales’ party. The “sedition and terrorism” case is the spearhead of that overall effort.
The UN Special Rapporteur on the Independence of Judges & Lawyers Diego García-Sayán has publicly called out the Áñez government: “I am concerned by the use of judicial and prosecutorial institutions for political persecution. The number of illegal detentions is growing. Today it was the turn of former minister Gustavo Torrico. I call for respect of the independence of institutions and for due process.”
The Inter-American Commission on Human Rights, which visited Bolivia November 22 to 25, has released a visually and emotionally arresting video that highlights the testimony of survivors of the Bolivian government’s massacres of protesters in the town of Sacaba and the El Alto neighborhood of Senkata. The video interweaves survivors’ pleas with crowd shouts for “justice” and does far more to humanize the participants in protests than nearly any coverage in the mainstream Bolivian press. (Click on “CC” for English subtitles, and on “vimeo” to see a larger version.)
The Commission’s report on its visit, currently available only in Spanish, includes extensive discussion of these two massacres. What follows is my translation of a relevant portion of their text:
Massacres and murders
In the context of the crisis, and as of November 27, the IACHR received news of 36 people who lost their lives in Bolivia. During its visit, the IACHR delegation received abundant information about two massacres committed in Sacaba and in Senkata, on November 15 and 19, respectively, in which at least 18 people lost their lives.
The Sacaba massacre occurred on November 15. The Commission received information from witnesses, according to which members of the Six Federations of the Tropic of Cochabamba arrived in a peaceful demonstration to the Sacaba municipality, demanding the return of Evo Morales to the government and recject the interim government. At the Huayllani bridge, located at kilometer 10 of the highway from Cochabamba, the combined forces of the Police and Armed Forces had established a security cordon. At the moment the demonstrators attempted to pass through, they were first contained and told verbally that the Human Rights Ombudsman’s Office (Defensoría del Pueblo) was on its way to mediate; nevertheless, according to information received, a few moments later the police and military agents would open fire against the civilian population gathered there, which they also would attack with tear gas, beatings, and kicks. In these acts, nine people were killed: Omar Calle, César Sipe, Juan López, Emilio Colque, Lucas Sánchez, Plácido Rojas Delgadillo, Armando Carvallo Escobar, Marco Vargas Martínez, and Roberto Sejas. Numerous people were wounded, including by bullets, who were received by various hospitals in Sacaba and Cochabamba.
The commission takes note of the existence of different versions of how these events unfolded. On one hand, some state authorities, including the Forensic Investigation Unit (Instituto de Investigaciones Forenses; IDIF) and the police command, have accused the demonstrators of having shot one another, proposing reasons such as the caliber of the bullets that were recovered from the bodies of the dead and wounded. On the other hand, the numerous testimonies received by the IACHR are consistent in indicating that the demonstrating people were unarmed, advanced peacefully by their own initiative, and were attacked with fire arms, teargas canisters, batons, and other weapons by the security forces, in a sudden and surprising manner. Security force helicopters participated in the operation, as even the Police Commander of Cochabamba testified before the IACHR.
The Senkata massacre occurred on November 19. According to information received, a group of partisans of the MAS carried out a blockade around the oil and gas plant of the Senkata sector, in El Alto. That morning, sixty container trucks of gasoline and natural gas were allowed to leave the plant, after which the demonstrators had knocked down one of the walls on the perimeter of the plant, at which time they were contained by the firearms of the combined forces of the Police and Army. In these acts, nine people were killed by gunshots: Devi Posto Cusi, Pedro Quisberth Mamani, Edwin Jamachi Paniagua, José Colque Patty, Juan José Tenorio Mamani, Antonio Ronald Quispe, Clemente Mamani Santander, Rudy Cristian Vásquez Condori, and Calixto Huanacu Aguilar. Among those who were killed are several people who do not seem to have participated in the blockade, but rather were simply passing through the zone on the way to their homes or workplaces. There were also numerous people wounded by gunshots, beatings, inhalation of gas, and other related causes, who were attended in various hospitals in El Alto. Just as in the Sacaba massacre, some public functionaries, both forensic and police, have questioned whether the bullets that killed these citizens had been shot by the regulation weapons of the security forces. With respect to that, according to public declarations and those made before the IACHR, insistently reiterated by the victims themselves, these people were publicly demonstrating without violence and were the object of repression by state agents using firearms. There have also been public denunciations of the disappearance over various lifeless bodies of people who had died in the the same massacre, which would have been taken by state agents so that no one would have word of these dead people. In particular, cases of [such disappearances] denounced before the IACHR include that of a peasant woman, and of a girl around 12 years old, among others. The victims of this massacre consistently signal that the number of those killed is much more than the nine that have been reported up to now.
The Inter-American Commission on Human Rights emphatically condemns the massacres of Sacaba and Senkata, in which [the perpetrators] incurred in grave violations of human rights. According to the Commission’s criteria, these acts can be characterized as massacres given the number of people who lost their lives in the same way, time, and place, and because they were committed against a specific group of people. In addition, the patterns of the wounds that have been recorded offer serious indications of practices of extrajudicial execution. The right to life, protected under the American Convention [on Human Rights], is inviolable, and due to its essential character is the precondition for the exercise of all other human rights. The organs of the Inter-American System [of Human Rights] have reiterated that the use of force by the state must be bound by the principles of exceptionality, legality, necessity, and proportionality. As well, the Bolivian state is reminded that lethal force many not be used merely to maintain or re-institute public order; only protection of life itself and physical integrity against imminent and real threats is a legitimate objective for the application of deadly force by state agents. In this sense, the IACHR urges the [Bolivian] state to immediately and urgently implement mechanisms to prohibit and effectively impede the use of lethal force as a control measure for public order in cases of public demonstrations. The Commission also reiterates that firearms and their munitions must be excluded from control operations of social protest, and that police or military functionaries that may enter into contact with a demonstration should not carry fire arms or other lethal weapons. Additionally, the Commission urges the state to rapidly carry out its international obligation to investigate, judge, and sanction those responsible for these criminal acts.