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(AP Photo/Moises Castillo)
17 Nov 2017 | Commentary
Guatemala Congress Considers Blanket Amnesty for Grave Human Rights Violations
by	Jo-Marie Burt
This piece was originally published at International Justice Monitor and is republished with permission.
A bill was presented in the Guatemalan congress last week that would effectively establish a blanket amnesty for military officials accused of international crimes related to the internal armed conflict, in which an estimated 200,000 lives were lost. The bill seeks to alter the Law of National Reconciliation, which the Guatemalan congress passed in December 1996 in the context of the United Nations-brokered peace accords. That law provides for amnesty for political crimes, but not for international crimes such as genocide, torture, and other crimes against humanity.
The Proposed Legislation
On November 6, 2017, Congressman Fernando Linares Beltranena presented a proposal to reform Decree No. 145-1996, known as the Law of National Reconciliation. This law provides for amnesty for political crimes, but specifically excludes the international crimes of genocide, enforced disappearance, torture, and other crimes against humanity. The reform proposal introduced by Linares Beltranena, and signed by 12 other members of congress, seeks to eliminate this exclusion based on the argument that "to achieve true peace and reconciliation there must be a general amnesty for all the actors of the armed conflict."
The bill argues that the Law of National Reconciliation failed to take into account an agreement between the government of Guatemala and the National Guatemala Revolutionary Unity (URNG) that there should be a general amnesty for both parties. However, no such agreement exists.
In this post, International Justice Monitor reviews the politics behind the proposal, the reasons it is unlikely the measure will prosper, and the bill's main proponents.
The Politics Behind the Proposal
Contained in the proposal is a table listing the number of individuals who have been prosecuted or are awaiting trial in cases of human rights violations related to the internal armed conflict. The document notes that 71 military officers have been arrested or prosecuted, but only one member of the guerrilla forces. According to the proposed bill, this shows that the prosecution of grave crimes cases constitutes "a form of judicial harassment of only one of the actors in the conflict, the military." It is important to recall that the Commission for Historical Clarification found that government was responsible for 93 percent of the human rights violations during the Guatemalan internal armed conflict, while guerrilla forces were responsible for 3 percent, with the remaining violations committed by other groups or unknown actors. The bill also accuses "human rights activists" of seeking to extend the crime of genocide to "ideologies and political militancy."
Legislator Fernando Linares, left, gestures during a session of Congress in Guatemala City, Monday, Sept. 11, 2017. (AP Photo/Moises Castillo)
The bill proposes repeal of articles 2, 4, and 8 and the amendment of articles 1, 5, and 11 of the Law of National Reconciliation, which would enact a "general amnesty" for both armed actors existing prior to the signing of the peace accords. The law would establish the total extinction of criminal responsibility in cases related to the internal armed conflict, as well as the application of the principle of non-retroactivity of the law in any of these cases.
This legislative proposal comes on the heels of a complaint filed by Ricardo Méndez Ruiz, president of the Foundation Against Terrorism, against Gustavo Meoño, director of the National Police Historical Archive (AHPN) and former the commander of the Guerrilla Army of the Poor (EGP), for a bomb attack in the Central Park of Guatemala City on September 5, 1980. The bombing resulted in the death of seven people and several dozen wounded.
Old Wine in a New Bottle
The proposed legislation echoes arguments that military officials have repeatedly put forward when faced with criminal prosecution in Guatemalan courts for human rights violations, from Ríos Montt to the senior officials currently facing trial in the CREOMPAZ and Molina Theissen cases.
The proposal argues that the law is being applied retroactively in cases of enforced disappearance and torture. While it admits that the crime of genocide was codified before the internal armed conflict, it asserts that there was no genocide in Guatemala: "All the victims were killed because they were members of counterinsurgent or insurgent forces, not because they belonged to specific ethnic or religious groups, nor was there an intention to partially or totally exterminate any group as such."
Notably, Guatemalan courts—including, on several occasions, the Constitutional Court—have repeatedly rejected such claims. They have acknowledged the international obligations of the state of Guatemala to investigate, prosecute, and punish grave violations of human rights, and determined that neither statutes of limitation nor amnesty are applicable to international crimes including genocide, torture, and enforced disappearance. In several sentences, the Guatemalan justice system has also acknowledged and drawn upon international human rights law and the international human rights conventions of which Guatemala is a signatory, including the Geneva Conventions, the Comprehensive Agreement on Human Rights, and the American Convention on Human Rights, all of which would be violated should an amnesty be approved for international crimes.
Similarly, in several judgments, the Inter-American Court for Human Rights has established that there should be no impediments to the investigation, prosecution, and punishment in cases of serious violations of human rights, and that the rights of victims to truth, justice, and reparation must be guaranteed.
Given this, it seems unlikely that this proposal will advance in congress, and if it were to be approved, it would likely be overturned by the courts.
The Backers of the Proposal
Congressman Fernando Linares Beltranena is covered in some kind of liquid thrown by protesters after making it to Congress with the help of police, in Guatemala City, Friday, Sept. (AP Photo/Moises Castillo)
Linares Beltranena, a lawyer and member of Congress for the National Advanced Party (PAN), introduced the legislative proposal and is its most vocal proponent. According to the Centro de Medios Independientes, Linares Beltranena has long-standing ties to military members of the Cofradía organized crime syndicate. Most notably, he has represented retired General Francisco Ortega Menaldo, a former military intelligence chief who is believed to be one of the architects, along with former intelligence chief Manuel Callejas y Callejas, of the Cofradía. Both men are believed to wield enormous power in post-war Guatemala, as noted by an editorial published by El Periódico in the wake of the arrest of Callejas y Callejas in January 2016 in relation to the Molina Theissen case: "Callejas y Callejas, together with Ortega Melando, has been the de facto president of Guatemala since 1982."
The amnesty proposal is supported by 12 additional congressional representatives from several different parties, including five from the ruling National Convergence Front (FCN). The FCN was founded by several former senior military officers who participated in the Guatemalan counterinsurgency, many of whom remain active in the party and some of whom serve in congress. Among the five FCN deputies who support the proposal are the head of the party, Javier Hernández Franco, his father Javier Hernández Ovalle, and Stuart Galdamez, all retired military officers. Galdamez was previously a congressional representative for former president Otto Pérez Molina's Patriot Party. He often comes to the congress dressed as a Kaibil, the special ops military unit infamous for its role in human rights violations such as the 1982 Dos Erres massacre.
Armando Melgar Padilla, a retired colonel of the Guatemalan army, head of the Arms and Munitions Control Office (DIGECAM) under Pérez Molina, and now a member of congress, is also one of the bill's backers. Melgar Padilla served as the head of security during President Jimmy Morales's presidential campaign and later as his presidential adviser. Last year, he was accused of espionage. Following these accusations, he was abruptly appointed to congress after another member of the FCN, Alsider Antonio Arias Rodríguez —also a former military officer— vacated his seat. This gave Melgar Padilla automatic immunity. Melgar Padilla has been implicated, but never formally charged, in in the murder of three Salvadoran members of the Central American Parliament (Parlacen), and their driver, who were found burnt to death on his farm in 2007.
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On March 3rd, 2021
Two Charged in COVID-19 Unemployment Benefit Fraud Scheme California EDD assisted in investigation that revealed loss of more than $103,000
FRESNO - On Feb. 25, 2021, a federal grand jury returned an indictment charging two defendants in a scheme that targeted California Employment Development Department (EDD) unemployment insurance benefits that were intended for Californians hit hardest by the ongoing COVID-19 pandemic shutdown.
The three-count indictment charges Jason Vertz, 51, of Fresno, and Alana Powers, 45, an inmate at the Central California Women's Facility (CCWF) in Chowchilla, with one count of conspiracy to commit mail fraud and two counts of aggravated identity theft.
According to court documents, Vertz and Powers submitted several fraudulent unemployment insurance claims in Powers' and other CCWF inmates' names to EDD. Recorded jail calls and emails show that Powers and other inmates, provided names, dates of birth, and social security numbers for inmates at CCWF to Vertz to submit the fraudulent claims. Shortly thereafter, the benefits were loaded onto debit cards that were mailed to the addresses the defendants provided.
The underlying applications for the claims stated that the inmates had worked within the prescribed period as maids, cleaners, fabrication welders, and other occupations, and that they were available to work, which was not true because they were incarcerated. The claims would have been denied if accurate answers had been given. EDD and the United States have suffered an actual loss of more than $103,000 as a result of the fraud.
"Many California families are suffering as a result of the pandemic and financial aid was desperately needed," said California Statewide Law Enforcement Association (CSLEA) President Alan Barcelona. "The amount of fraudulent activity involving unemployment benefits is huge and I commend those investigating it, and charging and prosecuting suspects."
This case is the product of an investigation by the FBI, the California Department of Corrections and Rehabilitation Investigative Services Unit, and the California EDD.
If convicted of the conspiracy to commit mail fraud, Vertz and Powers each face a maximum statutory penalty of 20 years in prison and a fine of up to $250,000. If convicted of the aggravated identity theft, they face a mandatory two-year sentence consecutive to any other sentence.
Two Sentenced to Prison for COVID-19 Unemployment…
Two Plead Guilty in COVID-19 Unemployment Benefit…
Fresno Man Pleads Guilty to Mail Theft and…
New Jersey Man Indicted in Fraud Scheme to Steal…

redpajama_set_name: RedPajamaCommonCrawl


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UAMS Receives $2 Million Gift...
UAMS Receives $2 Million Gift from Sharpe Charitable Trust
By todd
Nov. 19, 2007 |
LITTLE ROCK – After his wife Edna died of cancer in 1969, family and friends say Buren Sharpe wanted to support cancer research somehow. That's why he designated a $2 million gift to the University of Arkansas for Medical Sciences (UAMS) from the Buren and Edna Sharpe Charitable Remainder Trust.
Sharpe, who died in 1986, was a longtime building contractor, civic leader and owner of Buren Sharpe Building Material Company in McGehee. His trust became payable to UAMS upon the 2006 death of his second wife, Mildred P. Sharpe, who had been a lifetime beneficiary.
"Buren Sharpe demonstrated a lifelong passion for helping others through his community work and business," said UAMS Chancellor I. Dodd Wilson, M.D. "UAMS is grateful that that spirit can live on through this generous gift."
Born in Drew County, Buren Sharpe moved to McGehee in 1924. From then until the mid 1960s, he designed and built dozens of homes around the McGehee area, many of which withstood a major flood in 1927 and some that are still in use today.
"He was a warm, deep-thinking man who was always glad to see you," said John T. Clower of McGehee, Buren's stepson, who was part owner of Sharpe Building Materials with Buren for many years. "Buren was one of those people whose advice was often sought on everything from construction to financial matters."
Upon his retirement from the construction business, Sharpe started what would be a successful retail building materials company, which he operated until his death at 85. James M. Smith, president of McGehee Bank, which served as the trustee for the Sharpe Trust, worked for the building materials business one summer when home from college in the 1970s.
"Buren was a very patient, fair, but stern man," Smith said. "All he expected was an honest, hard-working effort with an eagerness to learn.
"In hindsight, these attributes had an invaluable impact while I was in my formative educational years, working part time and learning to deal with the general public."
Smith would later find himself learning from Sharpe again as a young bank officer. Sharpe served as a director on the McGehee Bank board from 1963 until his death.
Sharpe was a past president of the McGehee Chamber of Commerce and past member of the McGehee Industrial Committee and the advisory committee of the McGehee Hospital Construction Planning Commission. He also was a deacon at First Baptist Church at McGehee.
"Everybody loved him," said stepdaughter Mary Clower Jackson of Monticello, whose mother married Sharpe in 1970.
The Winthrop P. Rockefeller Cancer Institute directs all cancer research at UAMS. Cancer Institute scientists are committed to reducing cancer incidence, mortality and morbidity in Arkansas and the surrounding region. The Cancer Institute is leading or participating in more than 160 clinical trials of potential cancer treatments.
The institute's Myeloma Institute for Research and Therapy is the world leader in the treatment of multiple myeloma, a cancer of the blood's plasma, and has performed more than 7,000 transplants of blood stem cells as part of its treatment regime.
The Cancer Institute recently broke ground on a 12-floor, more than 300,000-square-foot expansion to its existing facility. The expansion, expected to open in 2010, will allow the institute to treat more patients and host more research into new treatments.
UAMS is the state's only comprehensive academic health center, with five colleges, a graduate school, a medical center, six centers of excellence and a statewide network of regional centers. UAMS has 2,538 students and 733 medical residents. Its centers of excellence include the Winthrop P. Rockefeller Cancer Institute, the Jackson T. Stephens Spine & Neurosciences Institute, the Myeloma Institute for Research and Therapy, the Harvey & Bernice Jones Eye Institute, the Psychiatric Research Institute and the Donald W. Reynolds Institute on Aging. It is one of the state's largest public employers with about 9,600 employees, including nearly 1,000 physicians who provide medical care to patients at UAMS, Arkansas Children's Hospital, the VA Medical Center and UAMS' Area Health Education Centers throughout the state. UAMS and its affiliates have an economic impact in Arkansas of $5 billion a year. For more information, visit www.uams.edu.