AMERICAS 91 OVERVIEW Human Rights Developments dence that the country’s armed forces contin- Contrasts marked the year in the Ameri- ued to be implicated in human rights violations cas. The already dire situation in Colombia as well as in support for the paramilitary deteriorated further, and the deep political groups responsible for the majority of serious and institutional crisis in Peru continued to abuses. Troops attacked indiscriminately and make broad respect for human rights but a killed civilians, among them six elementary distant goal. On the other hand, in Mexico, school children on a field trip near Pueblo where presidential elections in July heralded Rico, Antioquia, on August 15. According to the first change of party in the presidential witnesses, soldiers fired on the group for forty mansion in more than seventy years, hopes minutes. grew that the new president would undertake The character of the conflict changed much-needed human rights reforms. A coup with the entry of the United States as a major in Ecuador and a failed coup attempt in investor, providing an infusion of U.S. $1.3 Paraguay reminded the region of the fragility billion of mostly military aid for the govern- of democracy. Meanwhile, Chile moved for- ment. The package included seven rigorous ward in its attempt to prosecute former human rights conditions, including the need dictator Augusto Pinochet, and an Argentine for the Colombian armed forces to demon- judge requested his extradition to face crimi- strate a break with the paramilitaries. The U.S. nal charges for the 1974 Buenos Aires car- secretary of state certified that Colombia had bombing of former Chilean army commander- met only one of the conditions, related to in-chief general Carlos Prats and his wife. ensuring civilian, not military, jurisdiction Distress signals from Haiti included electoral over crimes against humanity committed by fraud and unchecked street violence, while in soldiers; President Bill Clinton waived the Argentina, nine people, including two mem- other conditions on national security grounds, bers of the former military junta, remained effectively sending the message that U.S. under house arrest, under investigation for policy subordinated human rights to other their role in the kidnapping of babies during interests. the former military regime. A burgeoning crisis in Peru did nothing to Through the year’s ups and downs, alleviate the shadow that Colombia cast over though, one thing remained constant: the the region. In April, after manipulating the everyday violation of human rights—includ- constitution to allow him to run, President ing police abuse, torture, and lack of access Alberto Fujimori won a third presidential to effective justice systems—required far victory in an electoral process roundly de- greater attention from policy makers than nounced as fraudulent by Peruvian and inter- they were willing to recognize or give. national observers. Then, in September, scan- Colombia constituted the region’s most dals involving his government’s bribery of urgent human rights crisis. As fighting inten- opposition politicians and his security chief’s sified in the thirty-year conflict, human rights alleged undercover sale of arms to Colombia’s abuses proliferated. The victims were largely leftist Revolutionary Armed Forces of Co- civilians caught between the parties to the lombia (Fuerzas Armadas Revolucionarias de conflict, all of which—the military and the Colombia, FARC) led to an abrupt change of paramilitaries with whom they maintained plans. Fujimori disolved the feared National close ties, and the opposition guerrillas— Intelligence Service (Servicio de Inteligencia committed atrocities with impunity. De- Nacional, SIN), and announced that he would spite claims to the contrary by the Colom- call new elections but not stand again for the bian government, there was irrefutable evi- presidency. Nonetheless, ten years of 92 AMERICAS OVERVIEW Fujimori’s abusive leadership left the officers and members of the intelligence ser- country’s judicial and political systems in vices under Pinochet’s former military gov- shambles, virtually assuring that efforts to ernment. In July, two former army majors and rebuild democracy would be hobbled. At this a cadet received life sentences for the 1982 writing, Fujimori remained in the presidency, murder of Juan Alegría Mandioca, the scape- and his former security chief, Vladimiro goat for the murder of a union leader. Montesinos, had returned to the country The same Spanish judge who had or- after unsuccessfully seeking asylum in dered Pinochet’s arrest in London, Baltasár Panama. Garzón, also sought the detention of former Mexico, too, experienced the promise of Argentine military officer Ricardo Miguel political change, but with a decidedly more Cavallo in August. Living in Mexico, Cavallo upbeat forecast than in Peru. After more than was accused of genocide, terrorism, and tor- seventy years in power, the Institutional ture stemming from his alleged role as a Revolutionary Party (Partido Revolucionario torturer at Argentina’s infamous Navy Me- Institucional, PRI) lost presidential elections chanics School under military rule. At this in July. The victor, Vicente Fox of the Na- writing, Cavallo fought extradition while tional Action Party (Partido Acción Nacional, waiting in a Mexican prison. PAN), demonstrated an openness to human Argentine authorities also contributed rights unprecedented among Mexico’s lead- to the fight against impunity in cases related ers. Scheduled to take office on December 1, to the kidnapping of children during the Fox quickly met with human rights groups in military dictatorship in the 1970s and 1980s. Mexico, Canada, the United States, and Ger- Nine people, including former presidents many. He announced a thorough and much- brigade general Reynaldo Bignone and general needed overhaul of the country’s justice sys- Jorge Videla, and former junta member admi- tem and called for the establishment of a ral Emilio Massera, were under house arrest “transparency commission,” to seek answers in relation to the alleged kidnapping of over to long-standing questions about some hu- 200 children. man rights abuses and corruption under suc- The fight against impunity received a cessive PRI governments. setback in Italy, though, in a case involving With a few setbacks, efforts to obtain another accused Argentine human rights vio- justice for past human rights violations in the lator. Former army Maj. Jorge Olivera was region prospered. Cause for optimism in the detained in Rome in August, following an fight against impunity surfaced in Chile, where extradition request from a French judge, Roger Pinochet was stripped of his parliamentary Le Loire. Olivera stood accused of torture, immunity after returning home in March, kidnapping, and “disappearance” in the case following seventeen months of house arrest in of French citizen Marieann (or Marie Anne) the United Kingdom. Released for health Erize in 1976, but was released after an Italian reasons, Pinochet had been held for possible court ruled that Erize was dead, not “disap- extradition to Spain to face human rights peared,” and that the statute of limitations charges there. The former dictator faced more had run out for the other crimes. The court than sixty criminal complaints within Chile, made its finding on the basis of what later lodged since January 1998 by relatives of turned out to be a falsified death certificate. victims of extrajudicial executions, “disap- The United States contributed to an- pearances,” and torture, and by political par- other serious setback to the otherwise posi- ties, trade unions, and professional groups. In tive worldwide trend toward the application August, the country’s Supreme Court con- of universal jurisdiction for crimes against curred with a lower court that there was humanity. In March, based on legislation enough evidence against Pinochet to warrant obliging the United States to prosecute tor- removing his immunity. Advances also took turers, justice department officials detained place in other cases against former military Peruvian army intelligence agent Maj. Tomás AMERICAS OVERVIEW 93 Ricardo Anderson Kohatsu, sparking hope attempt to oust President Luis González that he might be prosecuted for serious human Macchi. rights abuses that he allegedly committed in A host of other human rights violations Peru. Anderson was implicated in numerous also took place during the year. In countries violations, including the torture of a former including Argentina, Brazil, Guatemala, Haiti, intelligence agent who was left paraplegic as Mexico, and Venezuela, abuses by security a result. But in a regrettable decision, the forces and impunity remained serious prob- Department of State obtained Anderson’s lems. A common denominator was the failure release, claiming that he enjoyed immunity of these countries’ justice systems to provide because he was brought to the U.S. to partici- effective remedies for victims of human rights pate in a hearing before the Inter-American violations. The case of Teodoro Cabrera García Commission on Human Rights. and Rodolfo Montiel Flores in Mexico high- Within the United States, two former lighted the problem. Environmental activists military leaders in El Salvador faced wrongful from Pizotla, Guerrero, they were accused by death charges in a federal court in Florida. authorities of drug- and weapons-related of- Former defense minister Gen. José Guillermo fenses. Despite evidence that soldiers