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SPECIAL REPORTS
- Saturday 08 January 2005
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Facing Charges, Not Discomforts
Former Latin American Leaders
Live the Good Life While in
Confinement
By Mary Jordan,
Washington Post Foreign Service
ANTIGUA, Guatemala - Efrain Rios
Montt, the former dictator who
presided over one of the
bloodiest eras in Guatemalan
history, has been under house
arrest in the capital since
early last year. He is accused
of inciting a riot, and he is
being investigated for genocide
in the killings of thousands
during a 1980s military campaign
against Marxist rebels.
But several weeks ago, the
retired general threw a grand
bash for his daughter's wedding
at his mansion in this colonial
city at the foot of
postcard-perfect volcanoes. Fine
scotch flowed, and the guest
list included both the U.S.
ambassador and a member of the
U.S. Congress, who happened to
be the groom.
Rios Montt is one of more than a
dozen former Latin American
leaders who are under
investigation on criminal
charges ranging from murder to
embezzlement, yet who continue
to enjoy the comforts of home
and even high-profile social
lives, arousing the ire of
ordinary citizens and human
rights groups across the
country.
"Other people pay for their
crimes in jail, so why does Rios
Montt get to stay at home and
throw parties?" said Jose Luis
Quintanilla, 37, a vendor who
sells used clothing on the
streets of Guatemala City.
"People are angry."
From Mexico to Chile, former
presidents are facing criminal
probes -- but none are behind
bars. Most have been banned from
leaving their countries, and
four, including Rios Montt, are
under house arrest. But in most
cases, critics charge, they are
getting kid-glove treatment that
no ordinary citizen charged with
the same crimes would receive.
Former Nicaraguan president
Arnoldo Aleman, who was
convicted in December 2003 and
sentenced to 20 years on
corruption charges involving
$100 million in public funds, is
serving his term at his own
ranch outside the capital.
Aleman, who ran Nicaragua from
1997 to 2002, did spend a few
months in prison before
returning home, but it was in a
special section with extra
comforts that included air
conditioning, cable television
and massages.
"It's scandalous," said Alberto
Novoa, Nicaragua's attorney
general. "Of course it's not
fair."
Many prosecutors and human
rights advocates say the cushy
confinement afforded former
presidents demonstrates how
political influence often
overwhelms weak judicial systems
in much of Latin America.
Individual judges, rather than
juries, typically preside over
criminal cases, and critics say
many are swayed by powerful
figures in a region that is
still struggling with a legacy
of authoritarianism.
Nonetheless, human rights
advocates and others say the
record number of criminal
proceedings against former
leaders in itself is an advance
that would have been unthinkable
a few years ago.
"I personally think these
leaders should be in a regular
jail," said Frank LaRue, an
attorney who heads of the
Presidential Commission for
Human Rights in Guatemala. "But
we are moving in the right
direction. A few years ago,
ex-presidents wouldn't be
prosecuted at all."
LaRue has helped to press the
genocide case against Rios Montt,
whose 1982-83 tenure coincided
with some of the worst massacres
of Guatemala's 36-year civil
war. More than 200,000 people
were killed in that conflict,
the vast majority at the hands
of the military.
The majority of cases involve
allegations of stealing
government funds or taking
kickbacks.
In Costa Rica, former president
Miguel Angel Rodriguez, who left
office in 2002, was placed under
house arrest in October over
allegations that he pocketed a
portion of $2.4 million in
kickbacks from French
telecommunications company
Alcatel. Rodriguez was forced to
step down as secretary general
of the Organization of American
States shortly after he was
sworn in to the post because of
the scandal. He has not been
formally charged.
In Panama, former president
Mireya Moscoso, whose term ended
last year, faces inquiries about
as much as $70 million in
government funds that were not
accounted for under her
administration. No formal
charges have been brought.
Nicaragua's Aleman has become a
particularly potent symbol of
the abuse of power. His personal
fortune ballooned while he
headed a nation where many
people earn less than $2 a day.
Prosecutors produced records
showing that he and his wife
charged massive sums to
government credit cards,
including a $13,755 bill for the
Ritz Carlton hotel in Bali and
$68,506 for hotel expenses and
handicrafts in India.
Aleman, 58, is suffering from
several ailments, many of them
related to his obesity, his
attorneys say. It was on medical
grounds that the presiding judge
allowed him to return last year
to his leafy hacienda, where he
is free to receive visitors and
chat on his cell phone.
In Chile, the most notorious of
former Latin American leaders is
also under house arrest at a
country estate outside Santiago.
Gen. Augusto Pinochet, 89, was
charged last year with the
murder and kidnappings of exiled
opponents while he headed a
military government from 1973 to
1990.
At least 1,200 people who were
detained by the armed forces and
secret police during that era
have disappeared and are
presumed dead. Among the charges
against Pinochet is the Sept.
21, 1976, car bomb killing of
former foreign minister Orlando
Letelier and his aide, Ronni
Moffitt, on Sheridan Circle in
Northwest Washington.
In Mexico, former president Luis
Echeverria is the target of a
special prosecutor's probe into
the killings of students and
other anti-government activists
during his term from 1970 to
1976. Last summer, the
prosecutor asked a judge to
issue an arrest warrant charging
Echeverria with genocide. The
judge refused.
While the prosecutor has vowed
to continue pressing criminal
charges, Echeverria, 82, lives
in his comfortable home in
Cuernavaca, a plush weekend
retreat south of Mexico City.
Another former president of
Guatemala, Alfonso Portillo, is
also under criminal
investigation and has fled to
Mexico. Guatemalan authorities
have asked the United States for
help in tracking Portillo's
financial transactions.
Meanwhile, his vice president,
finance minister and other top
officials in his administration
are in jail on corruption
charges.
Here in Antigua, renowned for
its cobblestone streets and
stunning views of high
volcanoes, news of Rios Montt
hosting a wedding bash while
under house arrest was
particularly galling.
Rios Montt's daughter, Zury Rios
Sosa, a Guatemalan senator,
married Rep. Gerald C. Weller
(R-Ill.), in November, and Rios
Montt hosted the party at his
expansive weekend home. John
Hamilton, the U.S. ambassador,
was among those in attendance.
"People with power can buy the
law," said Miguel Angel Lopez,
49, who was standing outside the
former dictator's mansion, which
is guarded by a 250-foot-long
stone wall capped by a double
coil of razor wire. A sprawling
lawn is visible when guards open
the gate.
There was nothing illegal about
Rios Montt hosting the party.
Victor Hugo Herrera, the judge
in the case, said in an
interview that Rios Montt asked
for permission to travel 30
miles from his house in
Guatemala City to the mansion in
Antigua for "political reasons."
He said he later saw in a
newspaper that Rios Montt had
gone there for his daughter's
wedding.
Herrera said he granted the
request because Rios Montt had
"been complying with the rules"
of his confinement. He said the
rules allow him to leave his
house, provided he stays within
Guatemala City, but that travel
outside the capital requires
permission.
He is under house arrest, the
judge said, after being charged
with organizing a riot by
thousands of his supporters in
Guatemala City in July 2003 in
which a Guatemalan journalist
died.
Human rights activists here said
that charging Rios Montt in that
"Black Thursday" riot was akin
to charging Al Capone with tax
evasion. "He is a symbol of
genocide," said LaRue, the human
rights official.
But the attorney general's
three-member task force, which
is looking into what many have
called Rios Montt's
"scorched-earth campaign" to
root out anti-government
insurgents, faces a daunting
task.
One of the prosecutors, Sandra
Sosa Stewart, said the task
force was working with
declassified U.S. government
documents and examining bones
unearthed in ongoing exhumations
of mass graves found throughout
the country. "We don't have
enough people," she said. "We
don't even have Internet
access."
Despite the difficulties, Juan
Luis Pons, another human rights
activist, said criminal
investigations of former Latin
American leaders, including Rios
Montt, constitute a "a small
light giving people hope" that
presidents are no longer above
the law.
Still, he added, the sight of a
former dictator under criminal
investigation and house arrest
hosting a wedding for 300
people, including an A-list of
Guatemala's elite, "shows that
justice is still politicized in
Latin America." |
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