Argentina
30.03.00
Urgent Interventions
Argentine: Death in detention/ torture
URGENT APPEAL- THE OBSERVATORY
ARG 001/0003/OBS 022
Death in detention/ torture
Argentina
30th March 2000
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests you to intervene with the Argentinean authorities with utmost urgency in connection with the following situation.
Brief description of the facts
The Observatory has received information from the International Gay and Lesbian Human Rights Commission (IGLHRC) concerning the torture and death in detention of Vanesa Lorena Ledesma (legal name «Miguel Angel» Ledesma) an activist and member of the ATUC (Asociacion Travestis Unidas de Cordoba).
According to the information received, on February 11, at 1 am, Vanesa Lorena Ledesma, was arrested in Mikons Bar, Cordoba, during a fight with other patrons and charged with «damage» to the bar premises. According to police reports she was «psychologically altered». It is reported that the police used physical violence at the time of her arrest and took her to Precinto (police station) number 19 and then transferred her to Precinto number 18.
No further news could be obtained about Vanesa from the time of her arrest until five days later, when on February 16th 2000, official police reports described her death and attributed it to a «cardiac arrest». An autopsy, performed from February 16 2000 at 8:30pm until February 17th 2000 at 1 am, shows strong evidence of physical punishment and torture. Friends of Vanesa confirmed that she prior to her arrest she was in good health and had never shown any cardiac condition. Furthermore, she was periodically checked at the local hospital for her HIV condition, which was under control, with a viral count below register levels. Pictures of her corpse, taken by friends, illustrate the severe physical abuse allegedly endured by Vanesa while in police custody.
The Observatory is gravely concerned by the death of Vanesa Lorena Ledesma and particularly the general treatment of the transvestite population in Cordoba who, according reports, are vulnerable to police arrest, and/or to the demand for bribes in order to avoid arrest and the abuses that it involves, due to outdated provisions still in force in the provincial legislation.
It should be noted that she was segregated from other inmates, a practice common with transvestite and HIV-positive inmates. According to local activists, the rationale for this policy is not the protection of those segregated, but rather of the other inmates from having to share the same space with «sick» people. This practice violates Article 2 of the rights of HIV-positive individuals in detention which states that those measures, aimed at preventing (AIDS) spread into the population, should be interpreted in such a way that it never affects the «dignity of the person; produce acts of marginalization, stigmatisation, degradation or humiliation.»
Recalling also that such treatment constitutes a gross violation of Article 24 of the American Convention on Human Rights (San Jose de Costa Rica Pact), under which signatory States commit themselves to guarantee the right of all persons to equal protection of the law, «without discrimination». Article 1 of the Convention further specifies that the State parties «undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth or any other social condition».
Action requested:
Please write to the Argentinean authorities urging them to:
i. guarantee the physical and psychological integrity of all members of the Asociacion Travestis Unidas de Cordoba, all members of gay, lesbian, transvestite and bisexual organisation and particularly of transvestite and HIV positive individuals in general;
ii. carry out a full and impartial investigation into these allegations of torture and into the death of Vanesa Lorena Ledesma in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. abide by the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th 1999 ("Declaration on the Rights and Responsibility of individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms ") and more particularly article 1 which provides that "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels" and Article 5 which provides that «For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) To meet or assemble peacefully; (b) To form, join and participate in non-governmental organizations, associations or groups..»;
iv. more generally to abide by the provisions of the Universal Declaration of Human Rights and the regional and international covenants ratified by Argentina, particularly the International Covenant on Civil and Political Rights and Articles 5.1 and 5.2 of the American Convention on Human Rights.
Addresses :
(Cordoba's ombudsman)
Defensor del Pueblo de la Provincia de Córdoba, Dr. José María Zamanillo, Fx (54 351) 434 20 60 or 434 20 61
defpueblo@infovia.com.ar
(Cordoba's Attorney General)
Fiscal General de la Provincia de Córdoba, Dr. Miguel Angel Ortiz Pellegrini, Caseros 551, Córdoba, Argentina
Fax (54 351) 421 58 41
(Cordoba Governor)
Gobernador de la Provincia de Córdoba, Dr. José Manuel de la Sota, Attn: Secretaria General, Dra. Olga Riutort
Boulevard Chacabuco 1300, Córdoba, Argentina
Fax (54 351) 434 30 13, olga.riutort@cba.gov.ar
Ministro del Interior, Dr. Federico Storani, 25 de Mayo 101, Buenos Aires, Argentina
Fax (54 11 ) 43 31 70 51 or 43 42 60 81, diredcom@mininterior.gov.ar
Secretaria de Derechos Humanos, Dra. Diana Conti, Leandro N. Alem 150 PB, Buenos Aires, Argentina
Fax 54 11 43 43 23 26
S.E. Doctor Fernando De la Rúa, Presidente de la República, Casa Rosada, Balcarce 50, Buenos Aires, CF Argentina. Fax : + 541 331 6376 E-mail : postmaster@presidencia.gob.ar
Geneva - Paris, 30th March 2000
Kindly inform us of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency line : Fax : 33 (0) 1 55 80 83 92
Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 41 22 809 49 39
E.Mail : observatoire@iprolink.ch
ARG 001/0003/OBS 022
Death in detention/ torture
Argentina
30th March 2000
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests you to intervene with the Argentinean authorities with utmost urgency in connection with the following situation.
Brief description of the facts
The Observatory has received information from the International Gay and Lesbian Human Rights Commission (IGLHRC) concerning the torture and death in detention of Vanesa Lorena Ledesma (legal name «Miguel Angel» Ledesma) an activist and member of the ATUC (Asociacion Travestis Unidas de Cordoba).
According to the information received, on February 11, at 1 am, Vanesa Lorena Ledesma, was arrested in Mikons Bar, Cordoba, during a fight with other patrons and charged with «damage» to the bar premises. According to police reports she was «psychologically altered». It is reported that the police used physical violence at the time of her arrest and took her to Precinto (police station) number 19 and then transferred her to Precinto number 18.
No further news could be obtained about Vanesa from the time of her arrest until five days later, when on February 16th 2000, official police reports described her death and attributed it to a «cardiac arrest». An autopsy, performed from February 16 2000 at 8:30pm until February 17th 2000 at 1 am, shows strong evidence of physical punishment and torture. Friends of Vanesa confirmed that she prior to her arrest she was in good health and had never shown any cardiac condition. Furthermore, she was periodically checked at the local hospital for her HIV condition, which was under control, with a viral count below register levels. Pictures of her corpse, taken by friends, illustrate the severe physical abuse allegedly endured by Vanesa while in police custody.
The Observatory is gravely concerned by the death of Vanesa Lorena Ledesma and particularly the general treatment of the transvestite population in Cordoba who, according reports, are vulnerable to police arrest, and/or to the demand for bribes in order to avoid arrest and the abuses that it involves, due to outdated provisions still in force in the provincial legislation.
It should be noted that she was segregated from other inmates, a practice common with transvestite and HIV-positive inmates. According to local activists, the rationale for this policy is not the protection of those segregated, but rather of the other inmates from having to share the same space with «sick» people. This practice violates Article 2 of the rights of HIV-positive individuals in detention which states that those measures, aimed at preventing (AIDS) spread into the population, should be interpreted in such a way that it never affects the «dignity of the person; produce acts of marginalization, stigmatisation, degradation or humiliation.»
Recalling also that such treatment constitutes a gross violation of Article 24 of the American Convention on Human Rights (San Jose de Costa Rica Pact), under which signatory States commit themselves to guarantee the right of all persons to equal protection of the law, «without discrimination». Article 1 of the Convention further specifies that the State parties «undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth or any other social condition».
Action requested:
Please write to the Argentinean authorities urging them to:
i. guarantee the physical and psychological integrity of all members of the Asociacion Travestis Unidas de Cordoba, all members of gay, lesbian, transvestite and bisexual organisation and particularly of transvestite and HIV positive individuals in general;
ii. carry out a full and impartial investigation into these allegations of torture and into the death of Vanesa Lorena Ledesma in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. abide by the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th 1999 ("Declaration on the Rights and Responsibility of individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms ") and more particularly article 1 which provides that "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels" and Article 5 which provides that «For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) To meet or assemble peacefully; (b) To form, join and participate in non-governmental organizations, associations or groups..»;
iv. more generally to abide by the provisions of the Universal Declaration of Human Rights and the regional and international covenants ratified by Argentina, particularly the International Covenant on Civil and Political Rights and Articles 5.1 and 5.2 of the American Convention on Human Rights.
Addresses :
(Cordoba's ombudsman)
Defensor del Pueblo de la Provincia de Córdoba, Dr. José María Zamanillo, Fx (54 351) 434 20 60 or 434 20 61
defpueblo@infovia.com.ar
(Cordoba's Attorney General)
Fiscal General de la Provincia de Córdoba, Dr. Miguel Angel Ortiz Pellegrini, Caseros 551, Córdoba, Argentina
Fax (54 351) 421 58 41
(Cordoba Governor)
Gobernador de la Provincia de Córdoba, Dr. José Manuel de la Sota, Attn: Secretaria General, Dra. Olga Riutort
Boulevard Chacabuco 1300, Córdoba, Argentina
Fax (54 351) 434 30 13, olga.riutort@cba.gov.ar
Ministro del Interior, Dr. Federico Storani, 25 de Mayo 101, Buenos Aires, Argentina
Fax (54 11 ) 43 31 70 51 or 43 42 60 81, diredcom@mininterior.gov.ar
Secretaria de Derechos Humanos, Dra. Diana Conti, Leandro N. Alem 150 PB, Buenos Aires, Argentina
Fax 54 11 43 43 23 26
S.E. Doctor Fernando De la Rúa, Presidente de la República, Casa Rosada, Balcarce 50, Buenos Aires, CF Argentina. Fax : + 541 331 6376 E-mail : postmaster@presidencia.gob.ar
Geneva - Paris, 30th March 2000
Kindly inform us of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency line : Fax : 33 (0) 1 55 80 83 92
Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 41 22 809 49 39
E.Mail : observatoire@iprolink.ch