Americas Section

Chile
The Santiago Court of Appeals has overturned the precautionary measures against six
Carabineros accused of torture, aggravated sexual abuse and illegitimate punishment against
Josué Maureira, and also that of five Carabineros accused of torture against a protestor in Plaza
Ñuñoa. The National Institute of Human Rights (NIHR) lamented the decision. NIHR has brought
a legal action against Carabineros on behalf of Matías Orellano, the teacher who lost vision in
his right eye in the early morning of the 1st of January after being hit by a tear gas canister in
Valparaíso. The Valdivia Court of Appeals has ordered Carabineros to open an investigation into
accusations that police officers used violence and aggression against first-aid volunteers during
protests. In response to the prohibition of the use of chemicals by security forces in the water
used in Carabineros water cannons in the region of Biobio, the Ministry of Health approved a
protocol to permit its use, arguing that it is not a danger to health. The use of chemicals is not
permitted in closed or poorly ventilated spaces and its use is limited to short and sporadic
periods. Juan Francisco Galli was named the new undersecretary of the Ministry of interior and
announced that the Council for the Reform of Carabineros will finish its deliberations at the end
of January and present a final report in March.

Violent incidents have marked the annual university entrance exam, which took place on 6 and
7 January, resulting in the closure of numerous centres. Approximately 10% of the students set
to take the test on the 6th were not able to do so, according to the Ministry of Education, and
the history exam was cancelled following the leaking of questions on the 7th. In this context,
320 individuals were detained for provoking damage, disorder and non-violent misappropriation
and 16 individuals have been formally accused by the government. In Santiago, violent incidents
were reported in Plaza Italia. In Antofagasta, a school was ransacked.

On a day of violence, Friday 3 January saw the burning of the Church of San Francisco de Borja
in the centre of Santiago and in close vicinity to Plaza Italia, epicentre of social protests. The
church, institutional place of worship of the police force, was set alight during protests and
violent incidents, including barricades on adjoining streets. Police accused a “mob of vandals”
of starting it and four individuals have been arrested. 26-year-old Gerardo Leal Robles is in
preventative imprisonment and was charged with arson and attacking Carabineros with
Molotov cocktails. Another individual was charged with breaking and entering, and two others
for carrying incendiary materials. In a further incident, another Carabinero officer was injured in
the eye with a projectile in the midst of violent clashes between protestors and the police in
Peñalolén, Santiago. Carabineros accused protestors of throwing stones, objects and fireworks
as well as firing bullets.

In relation to the constituent process, three leading centre-left parties launched their campaign
for the referendum on changing the constitution to be held in April, and called for unity amongst
opposition parties. With the aim of limiting the influence of wealthy individuals and businesses
in the campaign, opposition senators are preparing a bill to limit campaign donations. In order
to resolve conflicts within the governing coalition, the presidency met with representatives to
reach an agreement on gender parity, a mechanism for the participation of independents and
reserved seats for indigenous populations in the constituent assembly. The National Electoral
Service (Servel), tasked with organising the referendum, has indicated that it is waiting for
authorisation of the budget necessary to hold the vote.

According to the Government statistics from 19 Oct – 6 Jan, 27 people have died within the
context of protests, 1,405 persons have been injured, and 21,806 people have been detained,
most of them now released. A study by doctors from Salvador Hospital, near Plaza Italia, found
that 182 individuals were treated for severe eye injuries between the 18th of October and 30th
of November at the medical centre. OHCHR-ROSA hold high-level meetings with public
authorities, including the Minister of Justice, and the Undersecretary of Human Rights, the
National Public Prosecutor, the General Comptroller, and representatives of the Central Unitaria
de Trabajadores. During the meeting in the Ministry of Justice and Human Rights, the follow-up
mechanism to the recommendations of the OHCHR mission report was discussed. The
Undersecretary of Human Rights expressed that this mechanism will be a subcommittee of the
Inter-ministerial Committee of Human Rights. In the following days, both offices will have a
technical meeting to address the design of the mechanism.

Guatemala
On 1 January, a trans woman was found dead with signs of torture. This is the fifth case of
violence against LGBTQ population in the last two months.

On 3 January, after 14 days on detention, Francisco Lucas Pedro, an indigenous human rights
defender, was released as requested by the Attorney General Office. Charges against him had
been dropped in 2015. OHCHR closely monitored his situation and visited him while in
detention.

On 7 January, the Constitutional Court granted a new injunction to the NHRI (PDH), ordering the
Congress to release outstanding funds from the 2019 budget. OHCHR has raised concern and
has been monitoring this situation, which has resulted in unpaid wages for more than 700
employees while threatening the ability of the NHRI to carry out its functions.

On 7 January, twelve people from Honduras and El Salvador arrived in Guatemala from the USA
under the “Third Safe Country” agreement. This brings to 97 the total number of people,
including at least 20 accompanied children, who have been transferred to Guatemala under this
agreement since 21 November. Reports on the possibility of including Mexican citizens in the
group of nationals that may be deported under the agreement to Guatemala have been released
this week and raise further concerns regarding the human rights implications of this agreement.
There have also been at least 664 Guatemalan citizens deported from the U.S during recent
weeks. OHCHR is monitoring this situation with the NHRI. On 9 January, there were reports that
remittances constituted 13.8 per cent of the GDP of Guatemala in 2019, which is considerably
higher than anticipated.

On 10 January, a commission created by Congress (so called “truth commission”) is expected to

release a report on alleged human rights violations committed by the UN-backed Commission
against Impunity in Guatemala (CICIG), which left the country in early September 2019. Concerns
persist over possible attacks and criminalization of human rights defenders, including members
of the Attorney General´s Office, upon release of this report, in an effort to discredit key actors
and progress made in the fight against corruption and impunity over the past years.

On 6 January, the Nominating Commissions for the Supreme Court and Appeals Court resumed
after receiving the candidates’ performance evaluations from the Council of the Judicial Career.
Concerns remain over the lack of independence, impartiality and transparency of the process.
On 3 January, OHCHR confidentially shared concerns and recommendations for future
evaluations with the Council.

Haiti
The year started with a return to a certain level of normality. Schools officially re-opened and
the economic activities resumed, although within the context of a deep political crisis. Elections
did not take place as planned in October and, consequently, neither the Parliament nor the 144
mayor positions in the country were renewed. The President is expected to start governing by
decree on 13 January amidst political tensions surrounding the designation of a new
Government. The rate of economic growth is currently estimated to be -1,2% in 2019 by the
IMF.

In response to an incident during New Year’s Eve celebrations in Anse-à-Pitres (South-East

Department), the Haitian National Police (HNP) used lethal weapons, which led to the death of
an individual. According to information received and verified by HRS in December, ten people
were killed, and four others injured as a result of the use of lethal force by the police. Five other
cases of killings are under verification and follow up will be carried out by the HRS with the
General inspectorate of the police.
HRS partners, national NGO Vision Haitienne des Droits de 1' Homme (VHDH) and the Office de
Protection du Citoyen (OPC), reported allegations of ill treatment and rape of juvenile detainees
by adult prisoners in the detention centre of Petit Goave (West Department). A joint monitoring
team observed that 196 adults and 15 minors are incarcerated without separation between
adults and children, and between pre-trial detainees and convicts. They also reported poor
sanitary conditions and concerns over the detainees' health, particularly in relation to
tuberculosis and skin infections. The current detention centre is located in the Petit-Goave
police station. A planned transfer of all detainees to a new detention centre has been delayed
for unknown reasons. HRS is following up with the OPC on judicial prosecution of alleged cases
of rape and the opening of the new centre.

Honduras
On 7 January 2020, OHCHR-Honduras joined the visit of the criminal enforcement judge of El
Progreso at the penitentiary centre of this municipality. On 25 December 2019, several female
inmates had denounced acts of torture, ill-treatment, sexual violence and discrimination
committed against them by members of the National Inter-Institutional Security Force (FUSINA)
during a physical search at the centre. OHCHR collected the testimonies of the affected women
as well as other inmates at the centre. FUSINA is part of the Intervention Commission that
temporarily controls the National Penitentiary Institute and the National Institute for Juvenile
Offenders since the government declared the state of emergency in the penitentiary system on
16 December. OHCHR-Honduras also met with the NHRI (CONADEH) and with CARITAS in San
Pedro Sula to exchange on the latest incidents in the penitentiary centres and explore
possibilities for joint visits, especially to the centres of Tela and El Porvenir, where over 40
inmates were killed in December 2019.

OHCHR-Honduras has been following up on the cases of two indigenous leaders who were
allegedly tortured and violently murdered after being reported missing for a week. Efrain
Martinez Martinez, a Tolupan indigenous leader, was found dead on 30 December 2019 in San
Juan Orica, Francisco Morazán department. On 3 January 2020, Santos Escobar, a Pech
indigenous leader from the Olancho department was also found dead. Efrain Martinez had been
granted collective protection measures from the National Protection Mechanism, but this is not
the case for Santos. On 8 January 2020, OHCHR-Honduras held a meeting with the Office of the
Attorney’s Special Prosecutor on Ethnic Groups on these two cases. During the meeting, the
Special Prosecutor shared information related to the number of complaints brought before his
Office by Indigenous Peoples in 2019.

Mexico
On 6 January 2020, high-level federal authorities of Mexico held a press conference to reveal
the official record of disappeared persons. After 20 months of public uncertainty regarding the
figures, the Minister of Interior, the Vice Minister of Human Rights, and the National
Commissioner for the Search of Disappeared Persons announced that, according to their
historical records, between the period of the so-called "dirty war" (during the 1960s) and the
year 2019, 147.033 people were reported as missing. While 58% had been found, 61.637
persons continue to be missing, presumably in many cases as a result of criminal activities and
human rights violations, including enforced disappearances. Many of these disappearances and
other human rights violations occurred in the context of the war on drugs launched by the
federal government in 2006. Authorities specified that 97.4% of the more than 61 thousand
cases corresponded to reports filed between 2006 and 2019. They added that 25% of the
disappeared persons were female. During the administration of President Andrés Manuel López
Obrador, between 1 December 2018 and 31 December 2019, a total of 9,164 people have
disappeared. The Minister of Interior stated that these announcements were part of a
governmental effort to contribute to the right to truth.
The General Law on Disappearances that entered into force in January 2018 includes provisions
requiring the state to create a National Registry of Disappeared Persons. The Committee on
Enforced Disappearances recommended in 2015 and 2018 to generate accurate statistical
information and launch all the databases and registries required by the Law. OHCHR-Mexico
participated in the legislative process that resulted in the adoption of the General Law, and has
followed-up with authorities on the creation of these different instruments by offering feedback
and support, both political and technical. OHCHR-Mexico has also promoted the participation of
victims' groups and civil society organizations in these processes and continues to assist them.

Nicaragua
On 30 December 2019, the Ministry of the Interior ordered the release under alternative
measures to detention of 91 individuals, including those detained on 14 November 2019 after
delivering some water to hunger strikers in a church in Masaya. Civil society organizations
indicated that 65 individuals still continue to be deprived of their liberty for reasons related to
the protests. No negotiation took place. The decision may have been motivated by the
Government to “improve” its international image due to the recent sanctions imposed by the
U.S. Department of Treasury, as well as those threatened by the European Union.
On 8 January 2020, the Civic Alliance (AC) and the National Blue and White Unity movement
(UNAB) confirmed that both organizations have agreed to separate in order to create a greater
coalition for 2021 elections. Some analysts believe this will affect the opposition opportunities
and benefit the National Government during the pre-electoral year.
According to a recent report published by Funides (Nicaraguan Foundation for Economic and
Social Development), since the crisis in April 2018 digital violence against women has increased
by 73.1%. Threats against men focus more on arrest or accusations of being “coup promoters”.
In contrast, women have their personal lives exposed, are threatened with rape, or victims of
insults.

Venezuela
OHCHR received reports that on 5 January, Venezuelan security forces prevented the President
of the National Assembly, Juan Guaidó, from accessing the premises of the National Assembly
to attend the session to elect the new President and Vice-Presidents. Security forces also
prevented other parliamentarians from the opposition from participating in the session and
impeded several journalists from entering the facilities. In the absence of the President of the
National Assembly, a group of parliamentarians from the opposition, supported by
parliamentarians from official parties, elected a new President and Vice-Presidents. Apparently,
the election took place without the required quorum and without the sufficient number of
votes. Later in the evening, parliamentarians from the opposition who had been prevented from
entering the premises of the National Assembly gathered at the headquarters of the
independent newspaper El Nacional and voted for the continuation of Juan Guaidó as President
of the National Assembly. They elected two new Vice-Presidents. They stated that they had the
needed quorum for the session and that more than the necessary majority of 84
parliamentarians voted in favour.
On 7 January, the first regular session of the National Assembly was scheduled to take place.
Upon arrival, parliamentarians from the opposition were again prevented from entering the
premises by Venezuelan security forces. After a several minute struggle, the opposition
parliamentarians were able to enter the National Assembly hall, at which point the
parliamentarians from the official parties who had been allowed in left the premises. Reporters
and members of the media were also prevented from accessing the premises and a number of
reporters were injured by pro-Government groups who had gathered outside the National
Assembly as well.

On 7 January, 14 prisoners were released under alternative measures to detention. Included in

this group were 11 political prisoners. Four of the individuals who were released were on the
High Commissioner’s list of urgent cases to be addressed, which was shared with the Venezuelan
authorities in the context of the Letter of Understanding signed by the Office and the
Government this past year.