It sounded too good to be true, and, of course it was. The new Bolivian Defense Minister, Ruben Saavedra, stated that the government, “has full democratic will to make the information available to… allow access to the armed forces’ information,” and promised that the Attorney General’s team would have access to personnel files today (EFE 2/15/10) as part of their investigation of disappearances during the Garcia Meza dictatorship.
However, although the Defense Ministry emitted a resolution in 2009 to facilitate access to military files for prosecutors and victims’ families, and both the armed forces and Defense ministry received court orders to comply with the investigation, no information has been provided.
Armed Forces leadership informed the Attorney General’s team upon their arrival at headquarters that “the institution had already turned pertinent documentation over to the Judicial Branch and will continue to do so through appropriate channels.” Team member Milton Mendoza called the decision “absurd.”
These diversionary tactics represent yet another chapter of the Bolivian military’s consistent strategy to block investigation and prosecution for human rights violations in civilian courts, although they are bound by Bolivian and international law to do so.
Historically, Bolivia’s armed forces have only provided limited information for the “Black October” case against ex-president Gonzalo Sanchez de Lozada, ex-military commanders and his cabinet. In spite of affirmations to the contrary, the military have refused to testify or provide information in all other cases, citing a variety of excuses.
During the first Morales administration, the armed forces claimed that prosecutors had to send to subpoenas to ex-Defense Minister Walker San Miguel, although there is no legal requirement to do so. Although prosecutors complied, no requests for information were honored. As a result, San Miguel’s successor’s public support for providing files and other information to for the investigation is a welcome change, yet it is unclear whether or not he will have the resolve or political weight to enforce it.
Accountability for past human rights violations is most likely the main point of friction in the strategic alliance between the Morales administration and a largely supportive armed forces. Yet, an end to impunity for these abuses is essential to maintain the credibility of a government with stated social justice objectives.
It’s interesting to note that the family of one of the victims in this investigation, Marcelo Quiroga Santa Cruz, killed in 1980 during the Garcia Meza dictatorship, asked that the Morales administration remove his name from its proposed anti-corruption law, citing in part, a lack of progress in the investigation of his death and the location of his remains.