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November 19, 2019
Mamani Plaintiff Teófilo Baltazar Cerro Pens Op-Ed Urging 11th Circuit to Reinstate $10 Million Verdict
This story originally ran in NACLA Reports (North American Congress on Latin America) under the title, “Survivors Fight for Justice for 2003 Bolivian Military Massacre.”
Teófilo is one of the nine plaintiffs in Mamani et al v. Sánchez de Lozada and Sánchez Berzaín, a U.S. federal lawsuit against Bolivia’s former president and defense minister.
On November 19, surviving family members of a 2003 massacre in El Alto are urging the U.S. Eleventh Circuit Court of Appeals to reinstate a $10 million judgement against Bolivia’s former president and defense minister.
Last week in Bolivia, a president resigned under military pressure as civilian supporters of different political parties clashed in the streets. Bolivia is in turmoil today, and not for the first time. Sixteen years ago, at a time of political protests against the government’s plan to export Bolivian gas through Chilean ports, the army opened fire on civilians in the city of El Alto, killing over 70 people, including my wife and our unborn child.
One way to stop such violence is to provide justice for past acts: to hold accountable those in command of the forces that shoot at unarmed civilians. That is why I am in Miami today. Together with eight fellow plaintiffs who also lost loved ones in the massacre, I will continue to appeal the decision to overturn a ruling that held the masterminds of these killings responsible.
When the Eleventh Circuit hears the appeal in what is known as the Mamani case today, it will be an important test. Can the legal system deliver justice for people like me? From a young age, as an Indigenous Aymara person growing up in Bolivia, I was taught that the answer was “no.” Although my country has the largest population of Indigenous peoples in South America—about 60 percent—we have always been treated as second class citizens. We did not have political or economic power. We did not have a voice. And our lives did not have much value.
In 2003, during what has become known as “Black October,” a soldier shot my pregnant wife, Teodosia, while she praying in her sister’s home. Over a period of several weeks, Bolivian soldiers, acting under the command of former president Gonzalo “Goni” Sánchez de Lozada and his defense minister Carlos Sánchez Berzaín, massacred Indigenous Bolivians. Soldiers injured over 550 people and killed more than 70, including my wife and our unborn child.
Rather than simply mourn, though, I joined with others who had survived Black October. We decided to make the system work for us.After my wife was murdered, I did not know what to do. The love of my life was gone, and I was left alone to raise our seven children. Rather than simply mourn, though, I joined with others who had survived Black October. We decided to make the system work for us.Continue Reading…
November 19, 2019
Indigenous Bolivian Family Members Urge Appeals Court in Miami: Reinstate Judgment Against Former Bolivian President and Defense Minister for Civilian Massacre
Judge Erroneously Set Aside Jury Verdict of Liability, Lawyers Say
November 19, 2019, Miami – Today, Indigenous Bolivian family members urged the Eleventh Circuit Court of Appeals to reinstate a judgement against Bolivia’s former president, Gonzalo Sánchez de Lozada, and former defense minister, Carlos Sánchez Berzaín, for the massacre of unarmed Indigenous civilians in 2003.
A U.S. jury found the two former officials liable under the Torture Victim Protection Act in April 2018 and awarded the victims’ families $10 million in damages. The unanimous verdict came after a month-long trial that included six days of deliberations. The judge later set aside the jury verdict and entered his own ruling holding the defendants not liable.
“I was proud, during the trial, to be able to hold these two men to account in their adopted country,” said Teófilo Baltazar Cerro, a plaintiff whose pregnant wife Teodosia was shot and killed while praying inside her sister’s home. “We have faith that the Court of Appeals will see what the Bolivian people and the American jury also saw: that Goni and Sánchez Berzaín are responsible for these killings, and that justice must be done.”Continue Reading…
November 18, 2019
A Call for International Action to Protect Civilians in Conflicts
Governments should make a commitment to protect civilians from the harmful impacts of explosive weapons used in towns and cities during conflicts, the International Human Rights Clinic and Human Rights Watch said in a report released today at a diplomatic conference in Geneva.
The 23-page report, “A Commitment to Civilians: Precedent for a Political Declaration on Explosive Weapons in Populated Areas,” lays out the components of a new political declaration on explosive weapons, bolstering its case with precedent from existing declarations.
Explosive weapons, including artillery shells, rockets, mortars, and air-dropped bombs, have recently caused civilian casualties in Afghanistan, Iraq, Libya, Syria, Yemen, and other countries. Civilians are often killed or injured by the initial explosion, crushed by collapsing buildings, or maimed by explosive remnants of war. Reverberating effects include damage to homes and essential infrastructure, interference with health care and education, large-scale displacement of people, degradation of the environment, and denial of humanitarian access.Continue Reading…
November 13, 2019
(Geneva) – Russia should support, not block, diplomatic talks about possible action to address the civilian harm caused by the use of incendiary weapons, the International Human Rights Clinic and Human Rights Watch said in a report released this week.
Issued ahead of an upcoming United Nations disarmament conference, the nine-page report, “Standing Firm against Incendiary Weapons,” highlights the weaknesses of international law regulating incendiary weapons. Such weapons can inflict severe burns, leave extensive scarring, and cause respiratory damage and psychological trauma. Incendiary weapons also start fires that destroy civilian homes, objects, and infrastructure.
“Russia’s regrettable opposition scuttled stand-alone diplomatic discussion this year on incendiary weapons,” said Bonnie Docherty, associate director of armed conflict and civilian protection at Harvard Law School’s International Human Rights Clinic and lead author of the report. “Yet there’s a clear humanitarian imperative to deal with these cruel weapons.”Continue Reading…
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