Paraguay
21.10.03
Urgent Interventions
Paraguay: violent eviction of more than 120 peasant families (Tembiapora)
Case PRY 161003 / PRY 161003.ESCR
Eviction / Excessive use of force / Extrajudicial killing
Geneva, October 16, 2003
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Paraguay.
Brief description of the situation
The International Secretariat of OMCT has been informed by Comisión Latinoamericana por los Derechos y Libertades de los Trabajadores y Pueblos (CLADEHLT), a member of the OMCT network, and by other reliable sources, of the violent eviction suffered by more than 120 peasant families that are members of the “National Peasant Organisation” (ONAC - Organización Nacional Campesina) –– that is affiliated to the “National Workers Union” (CNT - Central Nacional de Trabajadores) –- on October 2nd, 2003, in the Tembiapora Settlement (Asentamiento de Tembiapora), in Paraguay.
According to the information received, the eviction was performed by the Asentamiento Tembiapora National Police, resulting in around 100 peasants being beaten, 26 detained (now released), the death of Mr. Miguel Peralta as a result of due to police gunfire, and five severely injured persons who are now in the Centro de Salud Hernadarias (Health Center), including: Reinaldo David Espinola, 16 years old; Jorgelina Rolón, 36; Elva González, 47; Félix Benítez, 39 and Felipe Ortiz, 44.
The reports point out that at approximately 9:00 am on October 2nd, 2003, 80 policemen armed with heavy weapons (machineguns, revolvers and guns of different calibres) arrived to the Asentamiento and proceeded to burn farms. They did not show any clearance order, but were allegedly acting under the orders of the Attorney Official of Hernandarias, lawyer Cantalicio Avalos. When they were requested to hold a dialogue and explain their procedure, they allegedly replied by opening fire against the group of peasants, killing one of them, Mr. Miguel Peralta (3 shots), and leaving 5 severely wounded, all of them with bullet wounds: Elva González, (3 bullet wounds); Félix Benítez, (2); Felipe Ortiz, (2); Reinaldo Espinola (1), and Jorgelina González (1 bullet wound). The five injured persons were allegedly charged by the Prosecutor Cantalicio Avalos, and reportedly have arrest warrants against them. It is believed that the Chief of the IV Police Zone, Inspector Centurión; the Chief of the Departmental Police of Alto Paraná, Inspector Arístides Cabral; and the Chief of Order and Security, Inspector Morel, were present during this operation. Then, at about 16:00, the police came back to the area and arrested 26 peasants (now released).
Furthermore, our sources report that at approximately noon on October 3rd, the eviction continued and violent action was still being taken, including the burning of farms and persecution of the peasants, even though the majority of them, in the face of police action, had already abandoned the above-mentioned property peacefully, placing themselves in improvised tents in the street. However, they were still being evicted form this location with unnecessary violence. Finally, following the intervention of the leaders of ONAC and CNT, of Senator Estanislao Martínez, accompanied by authorities of the Gobernación del Alto Paraná and of the Junta Departamental, and some Deputies, calm was restored and the peasants were allowed to stay in a tent - called “Carpa de la Resistencia” (Resistance Tent).
According to our sources, the alleged reason for this eviction is “the restitution” of the property to its supposed owners: the “Gladis Comercial e Industrial” company owned by the Duarte Alder family (General Enrique Duarte Alder was a prosecutor during Alfredo Stroessner’s dictatorship that governed Paraguay from 1954 to 1989), who allegedly purchased it from “Industrial Paraguaya SA”. Our sources also note that there was no eviction warrant, due to the fact that the case refers to criminal law under charges of “Invasion of Private Property”, which means that the settlers had allegedly been there as “invaders”. Although it is true that the settlers do not have a land certificate, their occupation of this land, we are informed, is reportedly legitimate for several reasons: the land is part of a “Surplus Property” (unutilised state land) owned by the Instituto de Bienestar Rural (Rural Welfare Institute) - the State body competent on land and Land Reform; there are serious doubts about the validity of the Duarte Alder family’s title to property and about the possibility of claiming legitimacy over the ownership of this land, which was unproductive before its occupation in 1998. The reports state that General Enrique Duarte Alder allegedly used influence to unlawfully appropriate a part of the Fiscal Surplus, and that he supposedly fabricated a title deed, since the land could never belong to him as he is not subject of the Land Reform (none of the former Prosecutors of the Alfredo Stroessner’s regime could be subject of the Land Reform).
Background
The Tembiapora Settlement was founded on July 9th, 1998, and is composed of 127 families and has houses, a chapel, an Elementary School recognized by the Ministry of Education and Culture, and crops of different sorts. The settlement, which is inside the Finca (Ranch) No. 1340, both of which are inside a Surplus Property, was allegedly unduly attached to the lands owned by the firm “La Industria Paraguaya SA”. The Instituto de Bienestar Rural reportedly never registered this surplus as property of the institution and, to this date, it has been impossible to carry out this procedure since the aforementioned dossier is missing.
It is worth noting that since the 1970’s, and with the construction of Itaipú and the project of a Superhighway to Saltos del Guairá, in addition to the implementation of a high scale agricultural production model, great interest has been generated around the possession of land in this area. In this context, there are serious suspicions around the disappearance of this judicial dossier and the fact that the Surplus Property is not registered as property of the IBR, and serious doubts about the title to property of “La Industrial Paraguaya SA” and, in consequence, that of “Gladis Comercial e Industrial”.
The International Secretariat of OMCT deeply deplores the death of Mr. Miguel Peralta, as well as the bullet wounds inflicted on the other aforementioned persons. OMCT expresses its serious concern regarding the excessive use of force by the Paraguayan Police and calls on the authorities to launch a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal or administrative sanctions provided by law. Furthermore, OMCT considers that only a constructive dialogue between the authorities and the settlers’ representatives could lead to a lasting solution to the poverty and discrimination problem that the less favoured face.
Requested action
Please write to the authorities in Paraguay urging them to:
i. order an immediate, thorough and impartial investigation into the circumstances of this excessive use of force on the part of the National Police, of the death of Mr. Miguel Peralta and the serious injuries suffered by the aforementioned persons, in order to identify those responsible, bring them to trial and apply the penal or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to Mr. Miguel Peralta’s family and to all those assaulted or injured as a result of this violent police action, including appropriate medical assistance and an adequate rehabilitation mechanism where required;
iii. guarantee the safety, and physical and psychological integrity of the evicted settlers, respect their belongings, and adopt urgent measures to prevent similar events in the future;
iv. take all necessary measures to clarify or eventually rectify the possible irregularities in the aforementioned titles to property, while judicially cautioning the existing crops in Tembiaporá;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with nationals laws and international human rights standards
Addresses
· Dr. Nicanor Duarte Frutos – Presidente de la República de Paraguay – Fax: 595.21.441889
· Dr. Roberto González – Ministro del Interior– Fax: 595.21.446448/ 493661/ 452295
· Dr. Darío Monges – Ministro de Justicia y Trabajo – Fax: 595.21.208469446448
· Sr. Hermenegildo Alonso - Presidente del Instituto de Bienestar Rural (IBR) – Fax: 595.21.440200/ 446534
· Dr. Mateo Balmelli - Presidente del Senado de la Nación – Fax: 595.21.448100/ 441877/441713
· Dra. Leila Rachid Lichi - Ministra de Relaciones Exteriores – Fax: 595.21.493910
· Prof. Alonso Resck - Presidente Comisión de Derechos Humanos de Paraguay. Fax: 595.21.498889/ 444084
· Dr. Antonio Ibáñez Aquino - Ministro de Agricultura y Ganadería – Fax: 595.21.449614/ 449951
Please also write to the embassies of Paraguay in your respective country.
Geneva, October 16, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Eviction / Excessive use of force / Extrajudicial killing
Geneva, October 16, 2003
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Paraguay.
Brief description of the situation
The International Secretariat of OMCT has been informed by Comisión Latinoamericana por los Derechos y Libertades de los Trabajadores y Pueblos (CLADEHLT), a member of the OMCT network, and by other reliable sources, of the violent eviction suffered by more than 120 peasant families that are members of the “National Peasant Organisation” (ONAC - Organización Nacional Campesina) –– that is affiliated to the “National Workers Union” (CNT - Central Nacional de Trabajadores) –- on October 2nd, 2003, in the Tembiapora Settlement (Asentamiento de Tembiapora), in Paraguay.
According to the information received, the eviction was performed by the Asentamiento Tembiapora National Police, resulting in around 100 peasants being beaten, 26 detained (now released), the death of Mr. Miguel Peralta as a result of due to police gunfire, and five severely injured persons who are now in the Centro de Salud Hernadarias (Health Center), including: Reinaldo David Espinola, 16 years old; Jorgelina Rolón, 36; Elva González, 47; Félix Benítez, 39 and Felipe Ortiz, 44.
The reports point out that at approximately 9:00 am on October 2nd, 2003, 80 policemen armed with heavy weapons (machineguns, revolvers and guns of different calibres) arrived to the Asentamiento and proceeded to burn farms. They did not show any clearance order, but were allegedly acting under the orders of the Attorney Official of Hernandarias, lawyer Cantalicio Avalos. When they were requested to hold a dialogue and explain their procedure, they allegedly replied by opening fire against the group of peasants, killing one of them, Mr. Miguel Peralta (3 shots), and leaving 5 severely wounded, all of them with bullet wounds: Elva González, (3 bullet wounds); Félix Benítez, (2); Felipe Ortiz, (2); Reinaldo Espinola (1), and Jorgelina González (1 bullet wound). The five injured persons were allegedly charged by the Prosecutor Cantalicio Avalos, and reportedly have arrest warrants against them. It is believed that the Chief of the IV Police Zone, Inspector Centurión; the Chief of the Departmental Police of Alto Paraná, Inspector Arístides Cabral; and the Chief of Order and Security, Inspector Morel, were present during this operation. Then, at about 16:00, the police came back to the area and arrested 26 peasants (now released).
Furthermore, our sources report that at approximately noon on October 3rd, the eviction continued and violent action was still being taken, including the burning of farms and persecution of the peasants, even though the majority of them, in the face of police action, had already abandoned the above-mentioned property peacefully, placing themselves in improvised tents in the street. However, they were still being evicted form this location with unnecessary violence. Finally, following the intervention of the leaders of ONAC and CNT, of Senator Estanislao Martínez, accompanied by authorities of the Gobernación del Alto Paraná and of the Junta Departamental, and some Deputies, calm was restored and the peasants were allowed to stay in a tent - called “Carpa de la Resistencia” (Resistance Tent).
According to our sources, the alleged reason for this eviction is “the restitution” of the property to its supposed owners: the “Gladis Comercial e Industrial” company owned by the Duarte Alder family (General Enrique Duarte Alder was a prosecutor during Alfredo Stroessner’s dictatorship that governed Paraguay from 1954 to 1989), who allegedly purchased it from “Industrial Paraguaya SA”. Our sources also note that there was no eviction warrant, due to the fact that the case refers to criminal law under charges of “Invasion of Private Property”, which means that the settlers had allegedly been there as “invaders”. Although it is true that the settlers do not have a land certificate, their occupation of this land, we are informed, is reportedly legitimate for several reasons: the land is part of a “Surplus Property” (unutilised state land) owned by the Instituto de Bienestar Rural (Rural Welfare Institute) - the State body competent on land and Land Reform; there are serious doubts about the validity of the Duarte Alder family’s title to property and about the possibility of claiming legitimacy over the ownership of this land, which was unproductive before its occupation in 1998. The reports state that General Enrique Duarte Alder allegedly used influence to unlawfully appropriate a part of the Fiscal Surplus, and that he supposedly fabricated a title deed, since the land could never belong to him as he is not subject of the Land Reform (none of the former Prosecutors of the Alfredo Stroessner’s regime could be subject of the Land Reform).
Background
The Tembiapora Settlement was founded on July 9th, 1998, and is composed of 127 families and has houses, a chapel, an Elementary School recognized by the Ministry of Education and Culture, and crops of different sorts. The settlement, which is inside the Finca (Ranch) No. 1340, both of which are inside a Surplus Property, was allegedly unduly attached to the lands owned by the firm “La Industria Paraguaya SA”. The Instituto de Bienestar Rural reportedly never registered this surplus as property of the institution and, to this date, it has been impossible to carry out this procedure since the aforementioned dossier is missing.
It is worth noting that since the 1970’s, and with the construction of Itaipú and the project of a Superhighway to Saltos del Guairá, in addition to the implementation of a high scale agricultural production model, great interest has been generated around the possession of land in this area. In this context, there are serious suspicions around the disappearance of this judicial dossier and the fact that the Surplus Property is not registered as property of the IBR, and serious doubts about the title to property of “La Industrial Paraguaya SA” and, in consequence, that of “Gladis Comercial e Industrial”.
The International Secretariat of OMCT deeply deplores the death of Mr. Miguel Peralta, as well as the bullet wounds inflicted on the other aforementioned persons. OMCT expresses its serious concern regarding the excessive use of force by the Paraguayan Police and calls on the authorities to launch a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal or administrative sanctions provided by law. Furthermore, OMCT considers that only a constructive dialogue between the authorities and the settlers’ representatives could lead to a lasting solution to the poverty and discrimination problem that the less favoured face.
Requested action
Please write to the authorities in Paraguay urging them to:
i. order an immediate, thorough and impartial investigation into the circumstances of this excessive use of force on the part of the National Police, of the death of Mr. Miguel Peralta and the serious injuries suffered by the aforementioned persons, in order to identify those responsible, bring them to trial and apply the penal or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to Mr. Miguel Peralta’s family and to all those assaulted or injured as a result of this violent police action, including appropriate medical assistance and an adequate rehabilitation mechanism where required;
iii. guarantee the safety, and physical and psychological integrity of the evicted settlers, respect their belongings, and adopt urgent measures to prevent similar events in the future;
iv. take all necessary measures to clarify or eventually rectify the possible irregularities in the aforementioned titles to property, while judicially cautioning the existing crops in Tembiaporá;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with nationals laws and international human rights standards
Addresses
· Dr. Nicanor Duarte Frutos – Presidente de la República de Paraguay – Fax: 595.21.441889
· Dr. Roberto González – Ministro del Interior– Fax: 595.21.446448/ 493661/ 452295
· Dr. Darío Monges – Ministro de Justicia y Trabajo – Fax: 595.21.208469446448
· Sr. Hermenegildo Alonso - Presidente del Instituto de Bienestar Rural (IBR) – Fax: 595.21.440200/ 446534
· Dr. Mateo Balmelli - Presidente del Senado de la Nación – Fax: 595.21.448100/ 441877/441713
· Dra. Leila Rachid Lichi - Ministra de Relaciones Exteriores – Fax: 595.21.493910
· Prof. Alonso Resck - Presidente Comisión de Derechos Humanos de Paraguay. Fax: 595.21.498889/ 444084
· Dr. Antonio Ibáñez Aquino - Ministro de Agricultura y Ganadería – Fax: 595.21.449614/ 449951
Please also write to the embassies of Paraguay in your respective country.
Geneva, October 16, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.