Human rights trials in military courts violate Bolivian law and international accords

Since 2001, high-profile human rights cases have been transferred to the Bolivian military tribunal, although the Bolivian constitution and law do not authorize military jurisdiction in human rights cases.  Article 48 of the criminal procedures code states that:  “If there is doubt about the appropriate jurisdiction, as a result of concurrence or connection between special and civilian jurisdictions, the crimes should be addressed by the civilian jurisdiction.”

The Catholic Church, the Permanent Human Rights Assembly and the Human Rights Ombudsman’s office have repeatedly insisted that legal investigations be carried out within the civilian court system. However, military personnel have consistently refused to cooperate in investigations carried out by the attorney general’s representatives in the region, asserting that they are only answerable to internal military investigations.  The military legal process does not provide for transparent court proceedings.  None of the cases that have gone to military tribunals has resulted in a conviction.

US aid conditioned on human rights

US foreign aid to Bolivia conditions the availability of US funds for the Bolivian military and police based on a determination by the Secretary of State that these forces “are respecting human rights and cooperating with investigations and prosecutions of alleged violations of human rights.”  Continued US assistance to and open relations with Bolivia remain important, yet certification requirements in the Foreign Operations Bill should be taken seriously by the State Department.  Bolivian security forces are not cooperating with investigations and continue to violate human rights as illustrated by the cases below.

The Cases

Case: February 2003
Date: February 12 and 13, 2003

On February 12 and 13, public protests and a police strike in La Paz resulted in violence that left 31 people dead and over 200 injured.  The protests were in response to the government’s announcement of a tax of approximately 12.5% to be deducted from all salaried employees who received more than four times the minimum wage. Under this tax the salary deductions (including pension funds) of the average citizen would have increased to over 30%, in a country that has a per capita GNP of US $900 annually.  The demonstration initially began as a strike by the Bolivian National Police in La Paz, and students and workers quickly joined in solidarity. The protest escalated into a violent conflict as the military and police forces clashed.

On the one-year anniversary of the February events military prosecutors had not yet taken witness statements of those who were injured or of the relatives of those who lost their lives.  Five days later, the Military Justice Tribunal announced the acquittal of the four soldiers who had been videotaped shooting into the crowd.  The military prosecutor left unclear whether any more detailed investigation into the military’s actions would be forthcoming.

There has been no further military cooperation or progress in the investigation. One civilian prosecutor assigned to the case called it “the greatest embarrassment in the history of Bolivian justice system.”

Case: Black October
Date: September and October, 2003

In September and October of 2003, during the “Gas War” that led to the resignation of President Sánchez de Lozada, security forces killed 67 civilians, 49 of whom died of gunshot wounds.  According to ballistics tests carried out by the Attorney General’s office, high-caliber munitions used exclusively by the armed forces caused most of the civilian deaths.  Two security force members were also killed, and more than 400 other people were injured.

Four military commanders were indicted in December 2005.  High level commanders and other military personnel have provided some testimony and limited information, but they have also repeatedly filed legal recourses and appeals to stall the case.  There has been nominal, but not genuine cooperation with the investigation.

On August 9, 2006 the Bolivian Armed Forces said they would respect a Supreme Court ruling that two ex-Commanders, Gen. Roberto Claros and Gen. Gonzalo Rocabado, can be tried in the civilian court system as part of the “trial of responsibilities” without congressional approval.  They are being charged with homicide, negligence, and genocide.  According to the lead prosecutor on the case, as a result of this decision only six military officers have testified and they have provided some reports “which were of no use at all, and denied having other documentation such as mission diaries that they are required by military regulations to keep.”

The Bolivian attorney general’s office is preparing to submit a request to extradite Sánchez de Lozada as well as ex-ministers Carlos Sánchez Berzaín and Jorge Berindoague from the US, where they have lived since October 2003.

On September 26, 2007 the Center for Constitutional Rights filed civil lawsuits Sánchez de Lozada and Sánchez Berzaín on behalf of ten families of victims of the Black October massacre in 2003.  The suits charge the two men with extrajudicial killings and crimes against humanity, and will seek monetary compensation for the affected families. This US civil suit is separate from the Bolivian government’s criminal trial of responsibilities.

Case: Juan Choque and Genaro Canaviri
Date: September 28, 2004

Juan Choque was shot in the head by a member of the Joint Task Force and Genaro Canaviri died from a bullet wound sustained during a confrontation between the Joint Task Force and coca growers in the Bustillo community in the Chapare on September 28, 2004.

Case: Carlos Coro Mayta
Date: June 9, 2005

Carlos Coro Mayta, a miner, was shot in the back on June 9, 2005 during confrontations outside Sucre. The circumstances of his death are still unclear.  During 2005, the armed forces repeatedly refused to provide information or testify in the case.  On November 29, 2005 the Chuquisaca Supreme court ruled that the Armed Forces had the obligation to testify and provide documentation.  State prosecutors affirm that here has been no military participation since the ruling

Case: Oruro Squatters
Date: June 9, 2006

On June 9, 2006, the Bolivian National Police and the 8th Cavalry Braun Regiment of the Bolivian Army forcibly evicted squatters from the Papel Pampa settlement outside Oruro (and three other communities).  The Bolivian Minister of Government, the MAS party Prefect of Oruro Department and the National Police Commander reportedly authorized the mission.  The combined military-police group tear gassed the settlement at approximately 6 am.  Off duty police officer and squatter Santiago Orocondo was shot from the back in the left hip and died soon after from blood loss.  Another man, Waldo Quena was shot in the hand, which had to be amputated.

The subcommander of the Braun Regiment provided initial testimony that the Armed Forces did have firearms, although Morales administration officials denied this.  Since that initial testimony, the Armed Forces have refused to provide further testimony or cooperation in the investigation carried out by the Oruro District Attorney’s office.  Morales administration officials categorically deny any responsibility of the security forces in this incident and blame the squatters.  Officials in the District Attorney’s office reportedly cite fiscal limitations and other pressures that impede the investigation.

Case: Vandiola Yungas
Date: September 29, 2006

On September 29, 2006 a confrontation occurred between the Joint Eradication Task Force, a combined military and police unit in charge of eradication.  The Joint Task Force shot and killed two coca growers. Two soldiers and one coca grower also suffered bullet wounds.² The Joint Task Force, a combined military and police unit, participated in the incident. Although the police involved in the incident have provided testimony, members of the armed forces have not done so.

Case: Huanuni
Date: October 6, 2006

On October 6, 2006, a conflict between state-employed and independent tin miners led to the death of 16 people. The military was not directly implicated in the deaths, but has yet to provide testimony clarifying their participation in the incident.

Case: Villamontes
Date: April 17, 2007

On April 17, 2007, members of the Villamontes community marched to a natural gas processing plant to pressure authorities to shut off production during a dispute over provincial borders.  Members of the Third Army division fired tear gas, rubber pellets and live ammunition into the crowd. Protestor Erman Ruiz Terrazas was shot in the thigh and died soon afterward.  The case has been opened in the military justice tribunal, in spite of legal stipulations requiring that human rights cases be tried in civilian courts.

Case: Osmar Flores
Date: September 28, 2007

The conflict escalated on September 27, when approximately 2,000 students and parents blocked the road and shut off a gas pipeline, demanding that a teacher’s school be transferred to Arani.  The police and military response to the protest left Osmar Flores dead and 14 people injured (including two bullet wounds).

The autopsy revealed that Flores died from a high caliber bullet shot into the nape of his neck from a distance of approximately 50 yards.  Two other students received bullet wounds, one in the face, and another who had to have a portion of his lung removed.

The military announced that it would carry out its own legal investigation and has resisted participating in the civilian investigation.

1 For more information see:
“El uso excesivo de la fuerza y violaciones de derechos humanos en el operativo del desalojo del movimiento sin techo en Pampa Ajasi, Oruro.” Andean Information Network. June 22, 2006
2 For more information see: Youngers and Ledebur, “Update on Drug Policy Issues in Bolivia.” Andean Information Network and Washington Office on Latin America. November 7, 2006.  http://ain-bolivia.org/index.php?option=com_content&task=view&id=17&Itemid=28