After the Bolivian armed forces refused to allow special prosecutor Milton Mendoza access to their files from the Garcia Meza dictatorship (1980-1981), despite court orders permitting him to do so, the armed forces changed their public stance.
In a press conference the same day, Commander of the Armed Forces General Ramiro de la Fuente Bloch stated that they would turn the documentation over to Mendoza on February 26, after they had reorganized it.
“It’s information that needs to be organized. These files are huge and it just takes time. We are going to put it in order ourselves to facilitate the effort.” (Los Tiempos 2/17/2010) He provided no explanation about why the military had not bothered to complete this task for almost thirty years.
Gen. de la Fuente also attempted to justify the blunt refusal by citing the Armed Forces Organizational Law forbidding them to turn over personnel files and records of postings without a court order. In fact, a judge had already ordered them to present that information.
Pressure increases behind the scenes
The armed forces’ subsequent actions send a very different message. Mendoza has been receiving anonymous threatening phone calls and text messages, and unmarked vehicles with passengers have parked in front of his home since the dispute regarding information access. Furthermore, an anonymous caller told one member of Mendoza’s family that “things will turn out badly” for him. Similar harassment has occurred in investigations of other human rights cases.
The commanders of the armed forces met with newly confirmed Attorney General, Mario Uribe to ask that Mendoza be taken off the case. Since 2003 Mendoza participated in high profile investigations that led to rulings obligating the military to testify and provide access to documentation for human rights cases to civilian courts. He also received pressure and threats at that time. He is currently part of the prosecution team for the 2003 “Black October” case investigating the responsibility of ex-President Gonzalo Sánchez de Lozada, his cabinet, and ex-military commanders.
The Military high command also attended a meeting with the Defense Minister about the investigation in combat uniforms, although national commanders generally wear dress uniforms, especially to Cabinet level meetings. In Bolivia, in the absence of military conflict, this tactic represents a nonverbal violation of protocol – a subtle hint of insubordination – conveying their disagreement with the Minister’s order to submit documentation to the prosecution team. Armed forces commanders employed this same form of “saber rattling” in a meeting with ex-President Carlos Mesa in 2004 to protest a Constitutional Tribunal Ruling ordering that Military officers implicated in two deaths in February 2003 be tried in the civilian court system.
It’s interesting to note that current commanders and generals would have been entry-level officers (Lieutenants and Sub-Lieutenants) during the 1980-1981 dictatorship, which means they would have likely performed direct operational roles at that time as low-ranking officers — and that these ranks frequently participated in missions during the period under investigation. It is possible that they have knowledge that would facilitate the investigations.
Military compliance essential to break cycle of impunity
In spite of support from the Morales administration and the Attorney General’s office, as well as Bolivian and international laws that clearly require military personnel implicated in human rights violations to fully participate in civilian legal investigations, this has almost never occurred. No member of the armed forces has ever faced serious legal consequences for committing human rights violations.
It is important for the human rights and international community to support these legal investigations, oppose pressure on the prosecution team and advocate the Bolivian armed forces’ compliance and full participation in investigations.