Peru shelves forced sterilisation case

Peru has cleared the government of former president Alberto Fujimori of running a campaign of forced sterilisation in the 1990s. The prosecution service concluded there was not enough evidence to suggest that the policy was systematic.

Human rights groups have condemned the decision as an example of impunity and vowed to fight on. It certainly surprises me, as everything I've read suggests that indigenous women were persuaded, tricked, bribed, intimidated or forced into sterilisation during the Fujimori government. In one specific case, the woman died, and complaints against five health workers involved in her treatment were upheld. An article in El País suggests that around 17 other deaths occurred following the procedures.

Forced sterilisation of a particular ethnic group is potentially genocide, but the prosecution service claims that there was no crime against humanity - despite acknowledgements of "pressure" and evidence that Fujimori was aware of the sterilisation programme.

Peru closes forced sterilisation probe and clears ex-President Alberto Fujimori (BBC)
Perú cierra el caso de las esterilizaciones forzadas de Fujimori (El País)
Peru: Victims of forced sterilizations push for further investigation against Fujimori (Peru this week)
Government documents show that Fujimori knew about forced sterilizations (Peru this week) Colectivo de mujeres apelará dictamen de esterilizaciones (La Republica)

Peru: Fujimori online update

As I wrote recently, former Peruvian president Alberto Fujimori is using social media from jail, at least via proxies. Naturally this has become a controversial issue in Peru, and some are keen to ban him from the media. However, it's hard to see how this is possible since he is not tweeting or facebooking personally but passing on messages to his supporters.

The Associated Press has reported on this issue in detail, noting

Peru's prisons chief, Jose Perez, said there's nothing he can do about Fujimori's social media use. "The first problem is that Fujimori doesn't directly manage his Facebook and Twitter accounts. So how can one restrict something he doesn't manage?" 

 Well, quite. Surely the only way to really restrict his passing on content would be to ban all visitors and phone calls. Even if the government somehow managed to close down his Facebook and Twitter accounts, I don't see how they could stop other accounts popping up in the name of his supporters and reporting what he says in private conversations. 

Fujimori Gets Out of Jail via Twitter, YouTube (AP, on NYT)
Alberto Fujimori en Twitter y Facebook: ¿puede tener cuentas? ¿quiénes las manejan? (El Comercio)

Yes, I am following him. There's no point in just having people you agree with on your feed. At the time of writing, Fujimori has 10,518 followers and follows just 13 accounts, including those of two of his children, Kenji and Keiko (both also politicians); other accounts connected to the party Fuerza Popular, led by Keiko; and one about the operation Chavín de Huántar which declares its resistance to the "Communist" [sic] IACHR. He has tweeted 40 times.

Peru: Fujimori on Facebook and Twitter

Peruvian social media is today noting with amusement the announcement of jailed former president Alberto Fujimori that he will be participating on Facebook and Twitter. Well, you know, not actually him, because he's in prison, but his official accounts will be managed by "young associates". He says he wants to share his "thoughts and memories".

It's hard to take this seriously really; it smacks of someone who just can't accept being out of the limelight. It remains to be seen, however, how far he tries to use these channels to achieve what appears to be his primary aim at the moment - a pardon.


Alberto Fujimori anuncia que usará redes sociales desde prisión (La Republica)

Peru news

Well, a couple of good news stories to report from Peru:

Firstly, president Ollanta Humala decided not to issue a pardon on humanitarian grounds to former president Alberto Fujimori, who will continue to serve his jail sentence for human rights abuses. Humala had been advised by a committee which decided that Fujimori was not suffering from a terminal illness. Indeed, it also found Fujimori was not suffering from a severe physical illness or severe and incurable pychological illness either.

Fujimori is said to be "frustrated" by the decision. I would have been pretty frustrated if someone responsible for numerous murders had got out of prison by faking a terminal illness, so there we go.

Presidente Ollanta Humala decidió no indultar a Alberto Fujimori (El Comercio)
 Las 10 frases que dejó Humala al explicar por qué no indultó a Fujimori (El Comercio)
Alberto Fujimori tomó “con bastante frustración” negativa de indulto (El Comercio)
Peru: Ex-President Is Denied a Pardon (NY Times)
Peru's ex president Alberto Fujimori is denied pardon (BBC)

Meanwhile, Shining Path leader Artemio (Florindo Eleuterio Flores Hala) has been sentenced to life imprisonment for terrorism offences, drug smuggling and money laundering, and ordered to pay reparations of 500 million soles. He will be held in the naval base at Callao, alongside his boss, Abimael Guzmán.

Earlier this week, Artemio wept as he told the court he had "nothing to be sorry for" and said that he would prefer death to life in jail. There is no doubt that he was in the top ranks of a ruthless organisation which slaughtered anyone opposed to it or those who just got in the way (he even gave an interview in which he described the massacre of Lucanamarca, when 69 people died, as a "mistake"). Life imprisonment seems exactly the right result.

So all in all, thumbs up to Peru on both counts.


Terrorista 'Artemio' fue condenado a cadena perpetua y deberá pagar S/. 500 millones (El Comercio)
‘Artemio’ en alegato final: "Prefiero la muerte antes que cadena perpetua" (El Comercio)
Life Sentence for Shining Path Leader (NY Times)
Peru's Shining Path leader jailed for life for terrorism (BBC - great picture in this one of Flores Hala in typical pose, mirroring Guzmán in court)

Peru: Cipriani calls for Fujimori pardon

Peruvian cardinal Juan Luis Cipriani has given an interview to paper Correo in which he says that "the time is ripe" for former president Fujimori to be pardoned. 

I think that the division created by terrorism will not be closed while there is not a dimension of reconcilation and forgiveness. I think it will be difficult for Peru to regain its unity while we do not venture [to seek] reconciliation, forgiveness and mercy. I'm not just talking about the case of president Fujimori. [...] I think that the pardon is mature enough to take a decision. It's a benefit which is in the hands of the President when certain circumstances make it appropriate to pardon a certain person. [...] We are still living in a climate of hate, vengeance and disqualifications which is not reasonable.

Here's the whole interview:
Cardenal Cipriani sobre indulto a Fujimori: "No nos escondamos en el médico o la ministra" (Correo)

Of course, we wouldn't expect much else from Cipriani - who was also opposed to the truth and reconciliation commission. He sits on the fairly extreme end of the spectrum of church officials, according to whom anyone complaining about human rights terrorists is either a) a terrorist b) baying for revenge, or more probably c) both. Nevertheless, it's disappointing that a public figure displays such little understanding of justice and such a lack of compassion for the families of Fujimori's victims.

Peru: On Fujimori's non-existent cancer

...He's suffering from acute depression, because they said he doesn't have cancer...

Peru: Fujimori does not have cancer

Now, should this be a good news or a bad news story?

Former Peruvian president Alberto Fujimori does not have cancer, according to a medical report. There is "no current evidence" of the cancerous lesions the ex-president has previously had operated on on his tongue, examinations found. This was relevant because his supporters had been arguing he should be let out of prison on the grounds of his terminal illness. It's accepted that he has had cancer-related treatment on his mouth several times, but he does not appear to be terminally ill right now.

On the other hand, he is apparently depressed - the experts disagree on the severity of his condition.

I don't wish cancer on anyone and I do wish continued jail time on convicted human rights abuser, Alberto Fujimori, so for me - it's a good news story.

Junta Médica no encontró evidencia de cáncer en Alberto Fujimori (La Republica)

Informe revela que Fujimori sufre depresión, no cáncer (La Opinión)

Image of the day: Carlin on Fujimori

La Republica's caricaturist Carlin gives his inimitable take on the latest development in the Fujimori case: Fujimori's request, which has been refused, to give an interview to the media (his supporters argued, incidentally, that it would be only fair, since Elena Iparraguirre got to give an interview to The Economist - but it was pretty clear when that article was published that it was not an officially-sanctioned, full-length interview at all).

"The only thing that can help the patient is giving lots of interviews and not going to any trial. That's my strictly medical opinion."

Image of the Day: Fujimori's cell

There is much discussion in the Peruvian media about the conditions in which Alberto Fujimori is confined. It seems clear that he is not just in a normal prison cell. His son, Kenji, has dismissed reports of luxury. However, photos have been published in newspaper Diario16 and in La Republica apparently showing large living quarters full of personal belongings - including a hospital-style adjustable bed, television, bookshelves full of books, kitchen equipment, and so on.

Perhaps most intriguingly, Diario16 explains that the gadget which can be seen attached to the toilet is actually a seat heater. So, there's really only one choice for image of the day, and here it is - Fujimori's bathroom:

See more here or here.

Peru: Social media and imagery in Fujimori pardon debate

The current discussion surrounding the possible pardon for Alberto Fujimori in Peru is an interesting illustration of the role of social media in memory debates. Just a few years ago, we wouldn't have known what a "hashtag" had to do with the former president of Peru, but a couple of weeks ago, Peruvians responded to the news with #noalindulto and #indultoesinsulto.

From Fujimori's side, a photo was released showing the prisoner in bed. This was intended to bolster the argument that he should be released on compassionate grounds as he is suffering from terminal cancer:

The Peruvian web exploded in derision, with a whole series of spoofs and responses to the image. Here are just a couple:

 

 But the story takes another turn when another image was released; this time apparently a self-portrait by the man himself. El Comercio is now reporting that fujimorista politician and doctor Alejandro Aguinaga has confirmed that it is genuine:

The writing reads "Forgive me for what I did not manage to do and what I couldn't help". Unsurprisingly by now, many similar images have popped up, united on Twitter by the hashtag #fujisorry

Plus, here's Carlin's take from La Republica:

My take: I don't see that the photo proves anything one way or another. It is just another indication of the way in which photography is used as "evidence" and to uphold sometimes contradictory points of view. He doesn't look extremely ill to me, but that's not to say he isn't and, for what it's worth, not everyone with cancer has chemotherapy. To be honest, I don't much care - my opinion is that he should stay in jail in either case. The painting is just bizarre and I have no idea what it is supposed to achieve, but I think it's fair to say it won't help his case much. 

Image of the day: No to pardon of Fujimori

Opponents to a pardon for Alberto Fujimori will gather on Friday.

Peru: Other news

The big news in Peru is the possible pardon for Fujimori, but there's been related news stories as well:

The Inter-American Court of Human Rights has criticised the ruling by Javiar Villa Stein, in July, reducing the sentences of the Colina group and possibly paving the way for Fujimori's early release (kind of academic if he's going to be let out anyway, but still, he's not the only human rights abuser in jail).
Americas court tells Peru to scrap rule that could help Fujimori (Reuters)
Inter-American Court Calls on Peru To Annul Grupo Colina Ruling (Peruvian Times)

Also, Fujimori could have his paintings sold off to pay reparations he owes to the Peruvian State:
Alberto Fujimori Paintings To Be Confiscated To Pay Debt To Peru (Latin American News Dispatch)

Finally, tributes have been paid to Spanish-born human rights activist Pilar Coll, who died a few weeks ago aged 83. I'm ashamed to say I had not heard of her before her passing, and there's not too much about her in English, but she seems to have been an absolutely sincere and dedicated person.
Falleció Pilar Coll a los 83 años (La Republica)
Remembering Pilar Coll (WOLA)

Peru: Pardon for Fujimori?

The issue of a possible pardon for Alberto Fujimori on humanitarian grounds has been swirling around for ages but really seems to have come to a head in the past week. Otto stuck his neck out last Friday and predicted that it would happen, and unfortunately there's not much reason to disbelieve him so far.

Fujimori apparently has cancerous lesions on his tongue - he's had them for years and been operated on several times, they don't seem to be able to completely get rid of them. Now, while this does not sound pleasant, it hardly puts him at death's door either. Apparently he does not need radiotherapy or chemotherapy. So, given the severity of his crimes and the short prison term he has served so far, do I think he should be allowed out now? Er, hell no. "Indulto es insulto" - A pardon is an insult [to the victims] has been a trending topic on Twitter lately, and it's very true.

Fujimori’s Family To File a Request for Presidential Pardon (Peruvian Times)
Fujimori’s Pardon Request to be Filed After Summit (Peruvian Times)
Alberto Fujimori pedirá indulto por razones humanitarias (Correo)
Peru: Politicians react to possible Fujimori pardon (Peru this Week)
Fujimori's Family to Seek Pardon (Wall Street Journal)

The week in Peru

Former candidate for the Peruvian presidency, Lourdes Flores, has criticised proposed legislation dealing with negacionismo, i.e. the denial or playing down of terrorism. In a radio interview, she said she did not think the law would be effective and that it would restrict freedom of expression. If passed, the law could lead to jail sentences for those minimising Peru’s internal conflict and in particular the violent acts committed by the Shining Path. This is the latest in a chorus of voices doubting the wisdom of the legislation.

Flores Criticizes Legislation To Criminalize Downplaying Terrorism (Peruvian Times)

Two contrasting tendencies can be observed during Peru’s recent commemorative activities. One of them is the attempts by fujimoristas to discredit the country’s truth commission report. One manifestation of this is claims that “Comrade William”, the Shining Path leader recently killed in the VRAEM, featured on a list of missing persons compiled by the CVR. The government counters that this was not the case, and also that “William” was originally incorrectly identified as Rolando Cabezas. But Fujimori supporters will seize on any shred of doubt to undermine the report as it deals extensively with the incidents for which Alberto Fujimori was jailed (Barrios Altos, La Cantuta and the abductions of Samuel Dyer and Gustavo Gorriti). Ex-head of the CVR, Salomon Lerner Febres, has rebuffed the criticism and called demands for the report to be revised “short-sighted”.

“I would ask how many of those asking for the review of the [report] have read the report by the commission?” Lerner Febres said. “No one from the commission pretended to have the absolute truth, we said that from the beginning,” he added. “If one would take the time to read it, it is an open truth, perfectible, where there could be some things that have to be further sharpened, but the broader question is a moral truth.”

FormerTruth Commission Head Defends Final Report On Peru’s Internal Conflict (Peruvian Times)

By contrast, the 20^th anniversary of the capture of Abimael Guzmán seems to have been the focus for a general effort to rehabilitate the members of the GEIN involved in the operation. It has long been generally accepted that instead of heaping rewards on the police intelligence unit following their spectacular arrest, Fujimori quickly split up the team and attempted to brush their role under the carpet. Now, some of the members are to support counter-terrorism activities in the VRAEM.

Ex-Membersof Police Intelligence Unit to Work On Shining Path Remnants (Peruvian Times)

Ex agentes delGEIN reforzarán inteligencia para acabar con SL (La Republica)

La Republica has also done a couple of rather nice "Where are they now?" type stories about the members of the GEIN. Of course, the fact that two of them fell in love while staking out Guzmán's house is good for the human interest angle.

¿Qué pasó con los cazadores? (La Republica)
La historia secreta de ‘Ardilla’ y ‘Gaviota’; los primeros agentes del GEIN que capturaron a Abimael (La Republica)

News round-up

Chile
The former head of the secret police in Chile under Pinochet,  Manuel Contreras Sepúlveda, and four other former officals of the DINA have been sentenced to 15 years in prison for the disappearance of a young man in 1975.
Condenan a cinco represores de la dictadura chilena (Agencia Pulsar)

Pinochet regime spied on foreign media correspondents, recently uncovered documentation shows.
Revelan que gobierno de Pinochet habría espiado a corresponsales extranjeros (La Tercera)

Mexico
Experts say post-traumatic stress disorder (PTSD) and acute depression are on the rise in Mexico as a result of the increasing violence seen over the last few years.
Mexico’s Spiral of Violence Causes Spike in PTSD (IPS)

Peru
In the next stage of the furore created by the recent Colina Group ruling, human rights organisations in Peru are planning Friday to present a request to the National Magistrates Council to remove Javier Villa Stein from the presidency of the Supreme Court.
Human Rights Groups Seek To Remove Supreme Court Head (Peruvian Times)

“My father has given up on the idea of a pardon because he knows he is innocent and there are no clear and positive signals on the part of the government,” Congressman Kenji Fujimori said.
Alberto Fujimori Has Given Up On Pardon – Report (Peruvian Times)
Kenji Fujimori: "Mi padre renunció a la idea del indulto" (El Comercio)

Peru: Montesinos & co. have sentences reduced; "not crimes against humanity"

In a ruling which will dismay human rights activists in the country and beyond, the Peruvian supreme court has cut the sentences of Vladimiro Montesinos and other key perpetrators of state terrorism. The decision affects the so-called "Grupo Colina" responsible for the massacres of La Cantuta and Barrios Altos.

Montesinos and the former generals Nicolás Hermoza Ríos, Julio Salazar and Juan Rivero had their sentences reduced from 25 to 20 years, death squad heads Santiago Martin Rivas and Carlos Pichilingue had theirs cut from 25 to 22 years and other members of the group had their jail terms cut from 20 to 17 years.

One reason given for the reduction was the excessive delays in the trials .

Moreover, the court ruled that the crimes of the Colina group "were against human rights, but were not crimes against humanity". It judged that the group was targeting "terrorists" and not the civilian population as a whole.

Rebajan pena a miembros del grupo Colina (Peru 21)
Poder Judicial disminuyó de 25 a 20 años condena al grupo Colina (El Comercio)
¿Por qué la Corte Suprema rebajó las condenas de Montesinos y el grupo Colina? (El Comercio)
Sala Suprema abre las puertas de la impunidad al grupo Colina (La Republica)

Peru court cuts sentence of top Fujimori aide (AFP)

In my view, the ruling is unfortunate for several reasons:
- It sends a message that the human rights abuses were not as serious as previously thought.
- It also seems to be reverting to a war/two equal enemies theory which positions the killing of civilians as "collateral damage" or crimes by a few "bad apples" among the military. This ignores the entrenched racism in Peruvian society and institutions which contributed to the extreme violence suffered by the indigenous population during the conflict.
- It may raise questions about the sentence of former president Alberto Fujimori himself, as he was convicted of crimes against humanity and the court has now cast doubt on whether there was such a thing. Supreme court judge Javier Villa Stein merely said that the case of Fujimori would have to be looked at separately.
- Finally, there are possible repercussions for other trials involving Colina group members which are still pending.

Peru: Gorriti on 5 April 1992

It's 20 years since Alberto Fujimori dissolved Congress in Peru in what is known as the "autogolpe" (self-coup). There's not many people around who know more about that period than Gustavo Gorriti and he has written a piece for Caretas which is well worth reading in full for the Spanish speakers. I'm just going to translate a couple of extracts which I think are particularly relevant to this blog (emphasis mine):

Was there a real reason for the 5 April coup? Just one, and it was to take Power and never give it up. [Vladimiro] Montesino's plan, of which he convinced Fujimori as early as December 1990, was to use the emergency which Peru was experiencing as a result of the economic debacle caused by [Alan] Garcia and the rise of the Shining Path insurgency in order to overturn the democratic system and replace it with an "iron fist" regime based on the right-wing military dictatorships of the 1970s, with two important differences: 1) a civil leaders, based less on [Juan] Bordaberry than on Kagemusha, but without even a trace of the ultimate noblity of that personality; 2) the central organ of government would not be the armed forces, but rather the national intelligence service, which would have a puppet as its official head and another, actual leader. [...]

Was the 5 April coup necessary to defeat Shining Path? This is perhaps the biggest fallacy among the arguments put forward to justify the coup.

With regard to the Shining Path insurgency, 1989 was a crucial year. The actions of the civil war were covering almost all the country and it was obvious that the climax was coming. Sendero was proclaiming that it had achieved strategic parity and declared that the following decade, the '90s, would see its "takeover of power". The security forces, for their part, were concentrating on planning and controlling operations with the Joint Command. The system was highly imperfect but, with hindsight, it turned out to be the integral reponse to the national insurgency.

The same year, in a much quieter and more modest way, the small GEIN unit was set up within Dircote. Even though it was quite modest, it was a bold concept in the struggle against Shining Path, initiated by the minister Agustín Mantilla and police chief Fernando Reyes Roca, with a background from the experienced officials of the Dincote of the 1980s, such as Javier Palacios, and in the methodology of the first GEIN, the anti-drug squad led by general Edgar Luque in the 1970s.

With the limited amount of help provided by a government in the midst of economic crisis, GEIN started work and some months later, in June 1990, while Alan Garcia was still president, it broke into the house in Monterrico and found a veritable treasure trove of documents, which it was able to analyse quickly and well, and this changed the course of the war.

With firm clues and an impeccable methodology, GEIN carried on dismantling the apparatus of Shining Path without giving them any respite, and soon the police team had turned into the best hope of victory.

In 1991, Montesinos and the one who signed the orders, Fujimori, were trying to penetrate or invade the GEIN with the Colina group, their special action force. When, inevitably, the crisis erupted between the two groups, the GEIN was saved by the intercession of the then station head of the CIA, who had seen its effectiveness. Montesino's desire to reestablish a close relation with the Agency (which he managed) saved the GEIN from reprisals and permitted it to continue operations.

Shortly afterwards, Abimael Guzmán was captured in the move that decided the war, which neither Montesinos nor Fujimori had a part in. What they did do was to take the credit for victory and present it as the result of their supposed strategy. As Fujimori was the government, peple believed him and the result was that the achievement by the police which demonstraged the force of democractic methods ended up being exploited by a corrupt and dishonest dictatorship in order to hang on to power for years.

Peru: National Anti-terrorism Day?

A multi-party group of Peruvian congress members has proposed naming 3 April "Día Nacional Contra el Terrorismo" (National Day against Terrorism). The day is significant because the Lucanamarca massacre happened on that date and it could help to draw attention to memory issues - as we saw recently, there's a need for this.

So far, so good. Now guess what? Congressman Kenji Fujimori has come out in opposition to the suggestion. The Fuerza 2011 politician, and completely coincidentally son of former Peruvian president Alberto Fujimori, says:

"Los peruanos no debemos celebrar una fecha en que ocurrió un acto terrorismo."
"We Peruvians must not celebrate a date on which an act of terrorism occurred."

Sorry, is he being deliberately stupid? Does he somehow think that commemoration = endorsement? So when people mark September 11, for example, they are supporting Al Quaida? Well, or of course there is the tiny possibility that he doesn't want Peruvians remembering that time when his dad dissolved Congress and took complete control, or that time when the Grupo Colina massacred those people, or that time when the Fujimori government had those indigenous women forcibly sterilised or... no, no, surely not.

Fujimoristas en contra de la propuesta del Día Nacional contra el Terrorismo (La Republica)
Polémica por propuesta de crear Día Nacional Contra el Terrorismo (RPP)

Peru: Election round-up

I'm not going to deal with the coverage and commentary of the Peruvian presidential election, which has been widely discussed elsewhere, but a few articles related the subject of this blog did catch my eye:

No easy choice for women in presidential runoff (IPS)

Shadow of disgraced president looms in Peru race (Living in Peru)

Humala pledges justice for sterilisation victims (IPS)

Peruvian journalism and politics after the election of Ollanta Humala as president (Journalism in the Americas)

Peruvian-Japanese wrestle with Fujimori legacy (AFP)

For what it's worth, I will say that I can't say what kind of president Humala will turn out to be, but I am relieved that there isn't another Fujimori leading Peru.

Fujimori nunca mas