Hector Berrios Received Another Death Threat

Hector Berrios, an attorney and activist in San Isidro, Cabañas, received another death threat this past Sunday, the latest of a new wave of violence and threats in the region.

On Saturday night, Hector received several calls on his home and mobile phones, but when he answered the caller hung up. On Sunday, just after noon, the caller finally spoke when Hector answered. The caller, who identified himself as Ricardo, advised Hector, “they have paid a lot of money for us to assassinate you.” When Hector asked who had paid the caller, he responded that it was a man and a woman, and that they had been watching Hector in San Isidro and Mejicanos, a community in metropolitan San Salvador. The caller said that they wanted to negotiate a payment to the assassins not to kill Hector. In a letter detailing the conversation, Hector says that at that point he told the caller that he did not make agreements with people that he did not know, at which point the call ended.

Hector believes that the threat is likely the result of his speaking out against two murders in Cabañas, one on December 12 and another on January 2. Both victims had information about the June 2009 murder of Marcelo Rivera, an activist and community leader in San Isidro. One of the victims had information about the murders and the other was one of the material authors of the crime. Hector has also been speaking out against the attempted murder of William Iraheta who escaped an attempt on his life on December 12. Until a few months before the January 2009 municipal elections, William worked for Mayor Jose Bautista of San Isidro. He believes the mayor has tried on two occasions to kill him for information he has about some of the Mayor’s activities. In addition to these attacks and the threat against Hector, Radio Victoria received a death threat on January 11.

Unfortunately, the latest threats and violence are not unlike those we were writing about in 2009. Between April and December of that year, there were seven homicides in Cabañas that appeared to be linked to the debate over mining, accusations of electoral fraud and other controversial issues over which civil society actors opposed their local governments’ positions. In addition to the murders, reporters and staff at Radio Victoria were harassed, threatened and attacked, and other activists were attacked with machetes and continually threatened.

Hector Berrios and others in the region have been frustrated with the police and attorney general’s office for their unwillingness to continue investigating the crimes and consider the possibility that there might be intellectual authors of the crimes. Shortly after Marcelo was killed the police arrested several youth and labeled the murder a common gang crime and closed the investigation. The police and attorney general’s office similarly attributed the other murders, which all took place in Trinidad, Cabañas, to a family feud in which community rivals hired young assassins to kill their opponents.

We join Hector and others in denouncing the newest wave of threats and violence, and call on the police and attorney general’s office to conduct a thorough investigation.

Amnesty International released a call to action earlier today. Please respond by letting Salvadoran officials know that the international community is watching and their actions have been grossly insufficient.

Amnesty International points out that “Hector Berríos’ activism in his community has resulted in threats and intimidation before, due to his campaigns against mining, impunity and his legal defence of human rights activists. Hector Berríos has received threats on previous occasions. On 7 October 2009, the Inter-American Commission on Human Rights (IACHR) ruled that El Salvador should provide protection to Hector Berríos. However, despite the demands from the IACHR, Hector Berríos has not yet received appropriate protection, and remains at risk.

PLEASE ACT QUICKLY. Use Spanish or your own language to create a personal appeal.

* Urge the authorities to take immediate steps to fully comply with the IACHR order of 7 October 2009. The form of protection provided to Hector Berríos must be agreed with him and reflect his own wishes.

* Call for an independent, thorough and impartial investigation into the threats against Hector Berríos, with the results made public and those responsible brought to justice.

ADDRESS YOUR MESSAGES TO:

Attorney General: Romeo Benjamín Barahona Meléndez

Fiscal General de la República Fiscalía General de la República

Final 4ª Calle Oriente y 19ª Avenida Sur, Residencial Primavera,

Santa Tecla, La Libertad

San Salvador, El Salvador

Fax: 011 503 2523 7409

Salutation: Estimado Sr. Fiscal / Dear Attorney General

Human Rights Director, Ministry of Foreign Affairs:

David Morales Director General de Derechos Humanos

Ministerio de Relaciones Exteriores

Calle El Pedregal, Blvd. Cancillería

Ciudad Merliot, Antiguo Cuscatlan

El Salvador

Fax: 011 503 2231 1152

Salutation: Estimado Director / Dear Director

AND PLEASE SEND A COPY TO

Sra Ana Coralia Mejía de Morot-Gaudry

Chargé d’Affaires, Embassy of El Salvador

209 Kent Street

Ottawa, Ontario K2P 1Z8

Fax: (613) 238-6940

E-mail: embajada@elsalvador-ca.org

Call to Action: U.S. Prevents Anti-Mining Activist from Testifying before Inter-American Human Rights Commission

On October 18, the United States Consulate in El Salvador refused to allow Hector Berríos to travel to Washington D.C. and appear before the Inter-American Human Rights Commission (IAHRC) to give testimony on mining-related violence in El Salvador.  He is the fourth anti-mining activist to be denied a travel visa to the United States th is month.  By denying Mr. Berríos the right to appear before the IAHRC, the U.S. is denying the people of El Salvador access to a justice system to which they are entitled to as a member country of the Organization of American States (OAS). Mr. Berríos is scheduled to appear before the IACHR on Monday, October 25 – please take action immediately!

TAKE ACTION TODAY! DEMAND THAT THE U.S. CONSULATE IMMEDIATELY AUTHORIZE HECTOR BERRÍOS’ TRAVEL VISA! See below for sample email and call script.

Background information: Mr. Berríos, who was victim to mining-related violence in 2009, is a member of the Francisco Sanchez 1932 Unified Movement (MUFRAS-32)—a member organization of the National Roundtable Against Metallic Mining in El Salvador.  He was invited by the OAS to give testimony before the IAHRC in a hearing entitled “Environmental Defenders in Danger: the situation in Mexico and Central America in the scope of the mining industry” that is scheduled for this Monday, October 25.  The anti-mining movement in El Salvador saw three of its activists murdered in 2009; death threats and kidnapping and murder attempts against activists, priests and journalists continue.

While material authors of the crimes have been arrested and even sentenced to prison time in a few of the cases, the Attorney General has not investigated the intellectual authors or the role played by mining companies like Pacific Rim.  Salvadoran and other Central American activists are turning to international courts and institutions like the IAHRC to seek justice, legal avenues which the U.S. is currently blocking by denying travel visas.

Send a message to the U.S. State Department  in Washington and San Salvador TODAY: The U.S. cannot block Salvador’s access to international bodies like the OAS!

1. Call Melanie Bonner at the El Salvador desk at the State Department (202) 647-4161. Sample script below.

2. Send an email to Consul General in San Salvador, Kathryn Cabral (congensansal@state.gov) and copy the El Salvador desk at the U.S. State Department (bonnerml@state.gov). Sample email below.

SAMPLE PHONE CALL:

Hello, my name is ______________.  I am very troubled to learn that the U.S. Consulate in San Salvador denied a travel visa to Mr. Hector Berríos, who was invited by the Organization of American States to give testimony before the Inter-American Human Rights Commission about the human rights situation of environmental defenders in El Salvador.  It is completely unacceptable for the U.S. government to deny Mr. Berríos the opportunity to denounce human rights violations just because the hearing is in Washington, DC. By denying this visa, the U.S. is effectively blocking El Salvador’s ability to participate in international organizations of which it is a member.  Will you call the Consul General today and ask her to immediately authorize a travel visa to Mr. Berríos so that he can travel to Washington, D.C. on Saturday, October 23, to appear in the IAHRC hearing scheduled for Monday, October 25?  Thank you.

SAMPLE EMAIL

Dear Ms. Cabral,

On Monday, October 18, U.S. Consulate in San Salvador denied a travel visa to Mr. Hector Antonio Garcia Berríos.  Mr. Berríos was invited by the Organization of American States to give testimony before the Inter-American Human Rights Commission during a hearing entitled, “Environmental Defenders in Danger: the situation in Mexico and Central America in the scope of the mining industry” which is scheduled for this Monday, October 25.

As I hope you know, the situation for environmental defenders in El Salvador is very serious; the anti-mining movement in El Salvador saw three of its activists murdered in 2009, death threats and kidnapping and murder attempts against activists, priests and journalists continue. Mr. Berríos has himself been the victim on mining-related violence, which is why he was nominated to provide testimony.

I understand that Mr. Berríos presented an invitation from the OAS during his interview, as well as sufficient evidence that he had strong ties that would bring him back to his country, including: proof of employment, property titles, and the birth certificate of his young daughter.

I am deeply concerned about this visa denial, especially because Mr. Berríos’ presented a strong application and official OAS invitation. This suggests that there is a political motivation behind the decision, especially as he the FOURTH environmentalist from the anti-mining movement who has been denied a travel visa to the U.S. for a speaking engagement in the past month. I plan to call this situation to the attention of the new Ambassador as well as my Congressional Representatives and Senators.

By denying this visa, the U.S. is blocking El Salvador’s ability to participate in international organizations of which it is a member. It is completely unacceptable for the U.S. government to take advantage of the commission’s location in Washington D.C. in order to deny Mr. Berríos the opportunity to denounce human rights violations happening in his country.

For these reasons, I ask you to immediately authorize a travel visa to Mr. Berríos so that he can travel to Washington D.C. on Saturday, October 23, to appear in the IAHRC hearing scheduled for Monday, October 25.

Sincerely,

[Your name and address]

Thanks to CISPES for organizing this action and for your involvement!

Hector Berrios Denied a Visa, and Opportunity to Speak Before the Inter-American Court of Human Rights

Hector Berrios, an attorney in San Isidro, Cabañas, forwarded us a letter he wrote yesterday to staff at the Center for International Environmental Law (CIEL) in Washington DC. Hector applied for a visa to visit the United States to participate in an October 25th meeting with the Inter-American Court on Human Rights . Though Hector had all of the required documentation, including invitations from CIEL and the Organization of American States, he was denied a visa, preventing him from testifying. As Hector points out, his is not the only application to be denied; other activists from Cabañas have also been prevented from coming to the United States to participate in the meeting.

Hosting institutions such as the Inter-American Court of Human Rights, the OAS, and many others, carries with it an obligation to give people access. The U.S. should not use the visa hurdle as a way to regulate who has a voice.

With Hector’s permission, we’ve translated and posted his letter in its entirety:

Dear Sofia Splagakis,

I would like to inform you that this morning I presented myself at the US embassy in El Salvador in accordance with the appointment scheduled by the embassy. At the moment of the interview, the consular officer asked me for a variety of documentation.  She asked that I present a US visa, which has been valid for the last 10 years and previously authorized by the embassy. She also asked that I present the Invitation letter from the Organization of American States (OAS), and the letter from the Center for International Environmental Law (CIEL). I noticed that the consular official glanced over the OAS letter and put it aside, whereas she carefully examined the letter from CIEL. After that, she began to type on her computer—transcribing the facts from the CIEL letter. A moment later she excused herself (taking the CIEL letter). From her actions I concluded that she went to consult with someone in regard to the CIEL letter, since that was the only document she took with her.

When she returned she asked me if I had any properties in my name. I said yes, and showed her the deed to my house with my name clearly written. Next she asked me for proof of my salary, and I gave her the documentation, showing a monthly salary of $1500. She asked me about my profession and I responded that I am an attorney, while showing her the respective documentation.  She asked about my bank accounts, and I presented her proof of two bank accounts in my name with a total available balance of $2100. She asked if I was married and if I had children, to which I responded yes. She asked if I have family in the United States and if so, what is their immigration status. I responded that my Father is a permanent resident and my two brothers are US citizens. She asked me where they live and I said in Los Angeles. She asked about my destination in the US, and I told her that I would travel to Washington, DC for a meeting with the Inter-American Commission on Human Rights.

Finally, she apologized and said that she was not able to approve the visa this time. I provided all the necessary documentation to receive a visa to travel to the US, but my request to participate in the meeting with the Inter-American Commission on Human Rights on October 25, 2010 was arbitrarily refused.  I believe that the US Congress, the Inter-American Commission on Human Rights, and the Organization of American States should promptly examine what is happening to people in El Salvador that are involved in the issues of mining exploitation and its relation with the Central American Free Trade Agreement and wish to travel to the United States.  I am not the only person that has encountered this type of discrimination; 10 days ago, the visa request of Zenayda Serrando was denied, as was that of Father Neftaly Ruiz. Both Zenayda Serrando and Father Ruiz were invited by members of the US Congress to discuss the mining issue.

This type of negative attitude and obstruction of the people’s justice by the US consular officers is the result of the policy of the US embassy in El Salvador. It should be publicly reported that the embassy is obstructing access to justice for the people of El Salvador that want to make complaints in the Inter-American Court of Human Rights (http://en.wikipedia.org/wiki/Inter-American_Commission_on_Human_Rights), which is part of the Inter-American System of Human Rights.  They are taking advantage of the fact that the organization is headquartered in Washington, DC (http://en.wikipedia.org/wiki/Washington,_D.C.) by prohibiting access to this event, and obstructing the people’s justice. These people are part of the signing states of the Organization of American States, which is a regional organization with the objective of serving as a public forum for multilateral dialogs, regional integration, and decision making in the American arena.  The organization works to fortify peace and security, consolidate democracy, and protect human rights (http://en.wikipedia.org/wiki/Human_rights) in the Americas. I await your response.

Sincerely,

Héctor Berríos

We will be following up on this issue in the coming days.