Historical justice/Amnesties

Inter-American Court of Human Rights says Uruguay must investigate and punish dictatorship crimes

The Gelman case is emblematic of the crimes against humanity perpetrated under Operation Condor in the 1970´s

Washington D.C and Buenos Aires, March 24, 2011- Late last night, the Inter-American Court of Human Rights issued a ruling condemning Uruguay for the forced disappearance of Maria Claudia García Iruretagoyena de Gelman and the birth in captivity of her daughter during the mid 1970’s. The events took place under Operation Condor, a mutual cooperation agreement between the dictatorships of Argentina, Chile, Paraguay, Brazil and Uruguay to eliminate those regarded as political dissidents. The ruling renders the 1986 law, known as the Ley de la Caducidad de la Pretensión Punitiva del Estado, ineffective and therefore opens up the possibility for the punishment of crimes against humanity committed under the military dictatorship in Uruguay (1973-1985). The ruling is binding as Uruguay is a signatory of the American Convention on Human Rights and recognizes the jurisdiction of the Inter-American Court.

Wed, 03/23/2011

Washington D.C and Buenos Aires, March 24, 2011- Late last night, the Inter-American Court of Human Rights issued a ruling condemning Uruguay for the forced disappearance of Maria Claudia García Iruretagoyena de Gelman and the birth in captivity of her daughter during the mid 1970’s. The events took place under Operation Condor, a mutual cooperation agreement between the dictatorships of Argentina, Chile, Paraguay, Brazil and Uruguay to eliminate those regarded as political dissidents. The ruling renders the 1986 law, known as the Ley de la Caducidad de la Pretensión Punitiva del Estado, ineffective and therefore opens up the possibility for the punishment of crimes against humanity committed under the military dictatorship in Uruguay (1973-1985). The ruling is binding as Uruguay is a signatory of the American Convention on Human Rights and recognizes the jurisdiction of the Inter-American Court.

Maria Claudia García Iruretagoyena was abducted in Buenos Aires (Argentina) in 1976. She was seven months pregnant when she was transferred to a clandestine detention center in Uruguay, where she gave birth to a girl, Macarena. Maria Claudia was later the victim of forced disappearance and her remains were never found. In 1999, Macarena’s grandfather, renowned argentine poet Juan Gelman, tracked down his granddaughter by his own means after more than 20 years.

“This sentence is paradigmatic for Uruguay as it means the end of a law that has stood in the way of truth and justice for 25 years. It represents a victory for the victims, their families and a large part of Uruguayan society that has tirelessly sought to challenge a law resulting from a political agreement and guaranteeing impunity to the perpetrators of crimes against humanity. For Juan and María Macarena Gelman, this is the starting point in their quest for truth and the easing of their pain”, said Ariela Peralta, Deputy Director of the Center for Justice and International Law (CEJIL) and lawyer for the case.

This is the first case against Uruguay to reach the Inter-American Court of Human Rights. CEJIL brought the case to the Inter-American Commission on Human Rights (IACHR) in May 2006. In January 2010 the case was submitted to the Court after Uruguay refused to follow recommendations issued by the IACHR.

Although the Uruguayan Government has used the 1989 referendum as a reason for maintaining the law, Uruguay can no longer refer to domestic law as a pretext for not complying with its international obligations. In words of Liliana Tojo, CEJIL´s Program Director for Bolivia and the Southern Cone: “The Court has finally dictated that Uruguay cannot continue to seek excuses for maintaining impunity for the victims of torture and other horrendous crimes.”

In addition, the judgment clearly states that investigations regarding the forced disappearance of Maria Claudia must be pursued with a view to locating her remains and bringing the perpetrators to justice. According to the Court, Uruguay must also establish criminal and administrative responsibility in accordance with International Law.

The Court ordered a series of reparations which include for Uruguay to adopt a series of policies to ensure integral reparation for the victims as well as a public apology for the crimes committed.

This case not only illustrates the scope of Operation Condor, but also the impunity that developed in Uruguay and is still in place today. Viviana Krsticevic, CEJIL´s Executive Director said that “Today we celebrate the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims with an outstanding judgment from the Inter- American Court of Human Rights which will contribute to re-writing the history of Uruguay. Uruguay must now face the challenge that other countries in the region have overcome in the name of truth, justice and reparations for the victims of recent human rights violations, such as Chile, Peru and Argentina.”

The Court´s ruling is available here in Spanish: http://www.corteidh.or.cr/casos.cfm?idCaso=355
Previous press releases in English on this case:
http://cejil.org/en/contenido/maria-claudia-garcia-de-gelman-uruguay
http://cejil.org/en/comunicados/cejil-brings-uruguay-inter-american-court

For more information
Contact in Washington D.C
Milli Legrain
CEJIL
Communications Coordinator
(1)-202-319.3000
Mlegrain@cejil.org

Survivors of the El Mozote Massacre demand justice from El Salvador in a hearing before the Inter-American Court

This massacre of around 1000 people was one of the cruellest in Latin American history

Guayaquil, Ecuador and Washington D.C- April 24, 2012. “Let there be justice”: the primary demand made of the Salvadoran State by Dorina Márquez, one of the three surviving victims of the massacre in El Mozote and surrounding areas. Márquez and the other two survivors gave testimony today in a public hearing before the Inter-American Court of Human Rights in Guayaquil, Ecuador. The victims were represented by the Archdiocese’s Human Rights office in El Salvador (Tutela Legal) and the Centre for Justice and International Law (CEJIL).

At present, the events and all those responsible remain unpunished. The incidents date back to the 10^th, 11^th, 12^th and 13^th of December 1981, when close to 1000 inhabitants of El Mozote, La Joya, Ranchería, Toriles, Cerro Pando, Jocote Amarillo and other towns in the municipality of Meanguera (Department of Morazán) were murdered by Battalion Atlacatl and other units of the Salvadoran military.

Mon, 04/23/2012

Guayaquil, Ecuador and Washington D.C- April 24, 2012. “Let there be justice”: the primary demand made of the Salvadoran State by Dorina Márquez, one of the three surviving victims of the massacre in El Mozote and surrounding areas. Márquez and the other two survivors gave testimony today in a public hearing before the Inter-American Court of Human Rights in Guayaquil, Ecuador. The victims were represented by the Archdiocese’s Human Rights office in El Salvador (Tutela Legal) and the Centre for Justice and International Law (CEJIL).

At present, the events and all those responsible remain unpunished. The incidents date back to the 10^th, 11^th, 12^th and 13^th of December 1981, when close to 1000 inhabitants of El Mozote, La Joya, Ranchería, Toriles, Cerro Pando, Jocote Amarillo and other towns in the municipality of Meanguera (Department of Morazán) were murdered by Battalion Atlacatl and other units of the Salvadoran military. The incidents occurred within the context of El Salvador´s internal armed conflict (1980-1992). Entire communities were destroyed and whole populations, including children, were murdered. Hundreds of the victims who survived were forced to flee the area.

For several decades, the State has denied the occurrence of the massacre. Furthermore, as María del Rosario López Sánchez recounted before the Court, many of the victims were too afraid to report the crimes. López Sánchez, former resident of La Joya, lost 22 relatives in the massacre and was forced to flee to the nearby hills, where she lived in hiding for six years out of fear.

Sol Yáñez, expert social psychologist from the Universidad del País Vasco, Spain, asserted that 30 years on from the atrocity, the trauma suffered by the survivors is deeply rooted. She attributes this not only to the crimes themselves, but to the atrocious way in which they were committed, as well as the blame ascribed to the victims and the continuing lack of justice. Yáñez urged for a programme attending the psychological needs of the victims to be implemented as part of a comprehensive policy of reparations, which should include specific measures to promote the reconstruction of El Salvador´s social fabric. Yáñez insisted that “Much of the [current] violence in El Salvador can be related to unresolved issues [of the past].”

Salvador Méndez Leal, Deputy Attorney to the General Attorney for the Defence of Human Rights in El Salvador, gave evidence as an expert witness. His focus fell on the General Amnesty Law which came into force in 1993, which he maintains is the principle legal instrument responsible for the perpetuation of impunity.

Despite President Funes´s public acceptance of the responsibility of El Salvador for the crimes in January 2012, Tutela Legal and CEJIL emphasised the importance of adapting internal legislation to fit the parameters of international law, and specifically to meet the principles of the Inter-American Convention on Human Rights. It was further stressed that this legislation must then be used to investigate, process and punish those responsible for the massacre and for the multiple human rights violations suffered throughout the armed conflict.

Contact in Washington D.C

Milli Legrain

+1-202 319 3000 ext 15

mlegrain@cejil.org

Human Rights Day

More Information

Mon, 12/10/2012 (All day)

Globally

Hearings before the Inter-American Court of Human Rights

Mon, 02/20/2012 (All day) - Fri, 03/02/2012 (All day)

Inter-American Commission of Human Rights

San Jose

El Salvador´s plea for forgiveness is a step forward in the case of the Massacre of El Mozote

Justice is still pending for the victims

San Salvador and San Jose, January 17th, 2012- This Monday, President Mauricio Funes apologized to the victims, their families and the people of El Salvador for the massacre of El Mozote and surrounding communities, in which nearly a thousand victims died in hands of the Salvadoran army.

The Archdiocese’s Human Rights Office in El Salvador (OTLA) and the Center for Justice and International Law (CEJIL) recognize that this public event, held on the twentieth anniversary of the Peace Agreements, represents a historic moment, particularly considering that these facts were denied for years by the Salvadoran authorities. It also represents a first step towards full reparation for the harm caused to the hundreds of victims of the massacre and their families.

Tue, 01/17/2012

San Salvador and San Jose, January 17th, 2012- This Monday, President Mauricio Funes apologized to the victims, their families and the people of El Salvador for the massacre of El Mozote and surrounding communities, in which nearly a thousand victims died in hands of the Salvadoran army.

The Archdiocese’s Human Rights Office in El Salvador (OTLA) and the Center for Justice and International Law (CEJIL) recognize that this public event, held on the twentieth anniversary of the Peace Agreements, represents a historic moment, particularly considering that these facts were denied for years by the Salvadoran authorities. It also represents a first step towards full reparation for the harm caused to the hundreds of victims of the massacre and their families.

Both organizations consider that this event must be followed by effective measures to prosecute and punish those responsible for these crimes, in line with the severity of their acts and for all barriers to this to be eliminated. We therefore believe that the President's words should have been accompanied by an active commitment on behalf of the Public Prosecutor's Office as well as the Judiciary and Legislative authorities present at the event.

Exactly two years ago, President Funes had publicly recognized the responsibility of the State for the grave human rights violations during the internal armed conflict. He also committed to "cooperating with both domestic and international law" and offered all necessary means to solve the crimes under investigation. However, none of the persons alleged to be responsible for these crimes have been brought to trial, including the perpetrators of the Massacre of El Mozote.

OTLA and CEJIL call on the authorities to eliminate the barriers to justice and truth and end impunity. Only then, will yesterday’s historic ceremony bear real meaning for the victims and their families.

Background information on the case

The Massacre in El Mozote and surrounding communities was perpetrated by members of the Atlacatl Battalion and other units of the Armed Forces of El Salvador on 10-13 December 1981, as part of a military action called "Operation Rescue." The Salvadoran army tortured many victims and subsequently killed hundreds of people from several communities from Meanguera, in the department of Morazán: El Mozote, La Joya, Rancheria Toriles, Cerro Pando and Jocote Amarillo, among others.

OTLA and CEJIL still have a lawsuit against El Salvador for this case pending before the Inter-American Court of Human Rights. The public hearing is expected to be held mid 2012.

Link to press release commemorating El Mozote 30th Anniversary

Press Contact in Costa Rica:

Darío Chinchilla

dchinchilla@cejil.org

+(506) 2281-3280

Press Contact in Washington D.C:

Milli Legrain

mlegrain@cejil.org

+ 1 202 319 3000

30 years after El Mozote: Still no justice for one of Latin America´s largest massacres

The case will be presented to the Inter-American Court at a hearing in 2012

Washington D.C and San Salvador, December 9, 2011- The undersigned organizations pay a sincere tribute to the hundreds of victims and their families, as well as the hundreds of internally displaced as a result of the El Mozote Massacre. The mass murder of 966 men, women, and children (number of victims identified thus far) was the largest massacre perpetrated by the Salvadoran Army during the country’s internal armed conflict (1980-1992) and one of the bloodiest in Latin America’s recent history.

Fri, 12/09/2011

Washington D.C and San Salvador, December 9, 2011- The undersigned organizations pay a sincere tribute to the hundreds of victims and their families, as well as the hundreds of internally displaced as a result of the El Mozote Massacre. The mass murder of 966 men, women, and children (number of victims identified thus far) was the largest massacre perpetrated by the Salvadoran Army during the country’s internal armed conflict (1980-1992) and one of the bloodiest in Latin America’s recent history.

On the 30th anniversary of the massacre, surviving victims continue to vindicate their rights to the truth, justice, and reparation. However, none of those responsible for carrying out the massacre have yet been prosecuted for their actions.

The Archdiocese’s human rights office in El Salvador (OTLA) and the Center for Justice and International Law (CEJIL) have filed a complaint before the Inter-American Court on Human Rights on behalf of the victims of the massacre. It is expected that the hemisphere’s Highest Court will convene a hearing on the case in 2012.

As the anniversary of these lamentable events approaches, the undersigned organizations highlight the courage of those who have fought to reveal the truth about the events of El Mozote. We especially commemorate María Julia Hernández, former Director of OTLA, and Rufina Amaya, whose brave testimony unveiled the events that took place at El Mozote. They both fought, up until their deaths, for the attainment of justice - one that has not yet been achieved.

We, the undersigned, also recognize the dignity of the victims of the massacre and endorse the message on the monument built in the community by the victims’ relatives and the contribution of human rights organizations. ‘‘They have not perished. They are with us, with you, and with all of humanity.’’

Background information on the case

The massacre of El Mozote and surrounding areas, carried out by members of the Atlacatl Batallion and other units of the Armed Forces of El Salvador within the framework of the military operation, ‘‘Operación Rescate,’’ took place from December 11 - 13, 1981. The Salvadoran Army tortured many of the victims and assassinated hundreds of villagers from various communities (El Mozote, La Joya, Ranchería, Toriles, Cerro Pando, Jocote Amarillo, and others) in the municipality of Meanguera, department of Morazán.

OTLA made continuous efforts to have the crimes investigated, however the case was closed on September 1993 by Salvadoran courts, who established that a general amnesty law (Ley de Amnistía General para la Consolidación de la Paz) approved that year exempted those responsible for crimes committed during the internal armed conflict in El Salvador, including grave violations of human rights.

Organizations:

Oficina de Tutela Legal del Arzobispado de San Salvador (Tutela Legal)

Center for Justice and International Law (CEJIL)

Asociación Pro-Búsqueda de Niñas y Niños Desaparecidos (Pro-Búsqueda)

Instituto de Derechos Humanos de la Universidad Centroamericana “José Simeón Cañas” (IDHUCA)

Fundación de Estudios para la Aplicación del Derecho (FESPAD)

Press Contact in San Salvador:

Marta Sigarán

martasigaran@yahoo.com

+(503) 7749-7303

Press Contact in Costa Rica:

Darío Chinchilla

dchinchilla@cejil.org

+(506) 2281-3280

Press Contact in Washington:

Milli Legrain

mlegrain@cejil.org

+(1) 202-319-3000

IDHUCA and CEJIL encourage El Salvador to cooperate with the Spanish justice system in the ‘‘Jesuits’’ case

The process in Spain revives hope against impunity following inaction of local justice

San Salvador, and San Jose, December 6, 2011 – The Human Rights Institute of the ‘‘José Simeón Cañas’’ Central American University and the Center for Justice and International Law (CEJIL) urge El Salvador to cooperate with the Spanish justice system in the case of the Jesuit priests who were assassinated in 1989. The State must respond to the extradition request put forth by the Council of Ministers on December 2 against 13 former members of the military, and meet its international human rights obligations.

Wed, 12/07/2011

San Salvador, and San Jose, December 6, 2011 – The Human Rights Institute of the ‘‘José Simeón Cañas’’ Central American University and the Center for Justice and International Law (CEJIL) urge El Salvador to cooperate with the Spanish justice system in the case of the Jesuit priests who were assassinated in 1989. The State must respond to the extradition request put forth by the Council of Ministers on December 2 against 13 former members of the military, and meet its international human rights obligations.

The Salvadoran State has not yet brought to justice those responsible for the grievous acts committed 22 years ago. Based on its failure to comply with such obligations, El Salvador must cooperate with the process that has begun in Spain, which currently represents the only viable hope of obtaining justice for the victims and their families.

The Inter-American Court of Human Rights has stated that access to justice in cases of grave violations of human rights ‘‘creates obligations for States to adopt measures to guarantee that violations are not left unpunished, whether those measures exercise domestic or international jurisdiction that will judge and, eventually, appropriately sanction those responsible, be it alone or in cooperation with other states acting in pursuit of the same goal.’’

IDHUCA and CEJIL urge the Salvadoran State to act accordingly in order to bring the accused before the Spanish justice system and have them prosecuted and sanctioned in accordance with the severity of their acts.

Background information on the case

The ‘‘Jesuits’’ case refers to the assassination of six Spanish Jesuit priests and two of their assistants by members of the Salvadoran military on the campus of the ‘‘José Simeón Cañas’’ Central American University in San Salvador. The executions took place on November 16, 1989, in the context of the FMLN´s largest military offensive at the time.

A military commission investigated the events and presented its report on January 12, 1990, highlighting nine military members as allegedly responsible. However, only two of them were found guilty and both later benefitted by the application of the Amnesty Law for the Consolidation of Peace in El Salvador.

On November 22, 1999, the Washington based Inter-American Commission on Human Rights (IACHR) in Washington D.C, addressed the case by recommending the Salvadoran State investigate the crimes. Yet, the case still remains in impunity over ten years after the resolution was issued.

In 2008, the San Francisco based Center for Justice and Accountability and Spain´s Pro-Human Rights Association filed a criminal complaint before the Spanish National Court for the assassination of six Jesuit priests. On May 30, 2011, the judge ordered the prosecution and provisional arrest of 20 former military members charged with eight counts of murder and one for crimes against humanity. On December 2, 2011, the Council of Ministers of Spain requested the extradition of 13 former military members currently in El Salvador, and of two who reside in the United States.

Press contact in Washington:

Milli Legrain

mlegrain@cejil.org

Tel (1) 202 319 3000

CEJIL Activities Report - 20 years

Since its foundation in 1991 the Center for Justice and International Law (CEJIL) has contributed significantly to the enjoyment of rights in the region. The present report outlines some of CEJIL’s milestones, achievements, and challenges over these two decades. It attempts to illustrate some notable actions in order to document the efforts of the work of that period.

Type of publication:Activities report

Full version available in:

Year: 2011

CEJIL Informe de Actividades / Activities Report (versión completa / complete version)

(6,25 MB)

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Informe 20 años CEJIL

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CEJIL is awarded the Thomas J.Dodd Prize in international justice and human rights

The ceremony was presided over by the Honorable Christopher J. Dodd

Washington D.C, October 3, 2011.- Today, the Center for Justice and International Law (CEJIL) was awarded the fifth annual Thomas J. Dodd Prize in International Justice and Human Rights. The Ceremony took place at 4pm at the University of Connecticut and was presided over by UConn President Susan Herbst as well as the Honorable Christopher J. Dodd.

Mon, 10/03/2011

Washington D.C, October 3, 2011.- Today, the Center for Justice and International Law (CEJIL) was awarded the fifth annual Thomas J. Dodd Prize in International Justice and Human Rights. The Ceremony took place at 4pm at the University of Connecticut and was presided over by UConn President Susan Herbst as well as the Honorable Christopher J. Dodd.

The Dodd Prize commemorates the distinguished career in public service of Thomas J. Dodd, who served as Executive Trial Counsel at the Nuremberg Trials, U.S. Representative from 1953 to 1957, and Connecticut Senator from 1959 to 1971. Thomas Dodd dedicated his entire public life to fighting against infringement and suppression of human rights in the United States and abroad.

Upon receiving the prize, Viviana Krsticevic, Executive Director of CEJIL said: “The work of CEJIL stands on the legacy of the Nuremberg trials and the work of Thomas J. Dodd. Focusing our efforts on the Americas, a region notorious for its setbacks in human rights and the rule of law, we stand firmly in our beliefs in the dignity of all, the importance of honoring all human beings, and the need to strengthen and apply the rule of law to ensure the rights of all individuals”.

Krsticevic concluded: “On behalf of everyone at CEJIL, thank you very much for this wonderful honor. This award will encourage us to continue the fight for justice and equality. It will give us the hope necessary to create many more success stories in the Americas and reminds us of the importance of preserving the legacy and principles of Nuremberg.”

The award will be invested in CEJIL’s strategic litigation in the Western Hemisphere, advocacy before the Inter-American System of Human Rights and training of human rights defenders throughout the region.

For more information:

Milli Legrain

Communications coordinator

mlegrain@cejil.org

202 319 3000