New arrests in “sedition” case targeting Evo Morales

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 2 while 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.”

García-Sayán published a broader critique in yesterday’s edition of El País in Spain.

Details on Torrico’s October comments follow…

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Añez government redefines “sedition” and “terrorism” in its mission to arrest Evo Morales

Today, December 18, the Bolivian government issued an arrest warrant against Evo Morales, charging him with sedition, terrorism, and financing terrorism, for his efforts to encourage and organize protests within the country after his November 10 ouster from the presidency of Bolivia. Specifically, the charges seem to stem from a single phone call between Morales and Faustino Yucra, the only named co-defendant in the arrest warrant and the initial investigative documents released in November (see below for details). The call was recorded in a cell phone video first revealed by Government Minister Arturo Murillo (photo above, by APG).

The December 18, 2019, arrest warrant for Evo Morales

The charges represent a dramatic, and extremely one-sided, redefinition of the basic contours of legality in Bolivia, where widespread mass protests frequently use road blockades as pressure tactics and demand the resignation of presidents, and where neither “sedition” nor “terrorism” have regularly been used as means to criminalize such political acts. Insofar as these charges are directed at Morales, three-times elected president and currently the “campaign chief” for his party in as-yet-unscheduled 2020 elections, they represent an attack on the country’s largest political party, the Movement Towards Socialism–Political Instrument for the Sovereignty of the Peoples. As signals of a new legal standard for protest, they represent a dramatic shift in the behavior of prosecutors that could criminalize common forms of protest. (Similar charges have been levied against demonstrators arrested in Sacaba and Senkata after their fellow demonstrators were massacred.) In both cases, the current government is overlooking the similar practices of the movement that challenged Morales for alleged electoral fraud in October and November, demonstrating a double standard that could compromise free and fair elections.

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