The US Court of Appeals of the Eleventh Circuit in Miami issued a major ruling that brings us closer to justice for the killings during in the 2003 “Gas War” protests. Bolivian President Gonzalo (“Goni”) Sánchez de Lozada and Defense Mininister Carlos Sánchez Berzaín both fled to exile in the United States after the deaths of over 70 protesters failed to quash widespread protests. For the last thirteen years, a legal team including Bolivian human rights lawers, the Center for Constitutional Rights, Harvard Law School’s International Human Rights Clinic, and DC-based Akin Gump have pursued the two former officials for civil accountability in the United States.
The plaintiffs, surviving relatives of eight people killed during the 2003 protests, sued the two officials in US civil court under the Torture Victims Protection Act. In March 2018, the case, Mamani et. al v. Sánchez de Lozada and Sánchez Berzaín became the first time that a former head of state was brought to trial for human rights violations in a United States court. A month later, a jury a United States jury found the defendants liable under the Torture Victims Protection Act and not liable under a wrongful death claim. They entered a judgment of $10 million for the eight deaths. But Judge James I. Cohn set aside the jury’s ruling in May 2018, finding that the jury could not have lawfully reached its conclusion. (Full chronologies from the Center for Constitutional Rights and Harvard Human Rights Program.)
Today, the 11th Circuit Appeals Court dramatically reversed that ruling and issued a dramatic endorsement of the plaintiffs’ long quest for justice. The ruling:
- Vacates the judge’s move to set aside the verdict, and imposes a new standard for judgement.
- Makes an explicit case that a reasonable jury could have found the defendants liable.
- Clarifies a broader standard for defining “extrajudicial killings” under the TVPA—based on the indiscriminate use of force—that can be used going forward.
- Opens the door for a new trial on the wrongful death claims by ruling that inadmissible hearsay (from US government cables) was provided to the jury improperly.
The plaintiffs clearly recognize Monday’s ruling as a victory. “This is such wonderful news,” said Sonia Espejo, whose husband Lucio was killed in the 2003 Massacre. “We have fought for so long. We will continue fighting, but for today, I feel happy. I feel calm,” according to their joint press release.
Beyond the renewed possibility that Sánchez de Lozada and Sánchez Berzaín will have to pay (in a material sense) for coordinating the deadliest crackdown on protesters in Bolivia’s democratic era, the ruling offers both a significant increment in the willingness of US courts to hold human rights abuses accountable and direct validation of the loss suffered and grief endured by the families that brought the case.Read More »