Case No. 27/2017: Inter-American Commission on Human Rights
(IACHR)
Proclamation on Institutional Violence
February
5th, 2018
The International Buddhist Ethics Committee and
Buddhist Tribunal on Human Rights,
Considering
that in December of 2017 the Argentine government violently repressed political
demonstrators protesting against a reduction in the salary of retirees, being a
salary reduction that would be unconstitutional according to important
Argentine constitutionalists;
Recalling
that the Inter-American Commission on Human Rights (IACHR) publicly expressed
its concern about the inadequate and
disproportionate violence of the Argentine security forces led by the
government of President Macri, affirming that the criminalization of social protest is incompatible with the democratic
society where any individual has the right to express his or her opinions
peacefully, so that an investigation
and subsequent sanctions should be promptly and thoroughly carried out
concerning police conduct during those demonstrations;
Aware
that the Argentine government of President Macri has criminalized social
protest through direct repression against demonstrators or through the
arbitrary detention of demonstrators and bystanders, ignoring the fact that
even if some people use violence in a demonstration this does not necessarily
turns the whole protest into a violent demonstration nor does it legitimize the
security forces to dissolve the protest through violence or mass arrests;
Greatly
concerned by the fact that on December 14, 2017, hundreds of demonstrators and
bystanders were violently repressed with toxic gases and rubber bullets fired
by the Argentine security forces, wounding civilians, opposition legislators
and journalists, all of which demonstrates the use of disproportionate violence
by the Argentine government instead of fostering the right to freedom of
expression and democratic dialogue;
Deploring
the criminal and violent behavior of the Argentine security forces, which are
not only engaged in confronting the demonstrators instead of dedicating
themselves to protect life and peace, but they have also systematically
attacked journalists covering the demonstrations, by attacking them with batons
and tear gas, thus leaving a balance of 36 journalists wounded, arbitrarily
detaining them and even firing bullets at 18 journalists for filming or
photographing the abuses, in addition to destroying televisual and media artifacts,
being the worst violent attack against journalists in the last 35 years of
democratic governments in Argentina;
Expressing
absolute rejection of President Macri's affirmation in which he perversely
congratulated his officials for showing Gandhian
mysticism and rationality at the time of the repression, which demonstrates
the total contempt for peace on the part of the Argentine government as well as
dishonoring the memory of the great pacifists in the history of humankind;
Analyzing
the fact that deputies Horacio Pietragalla and Mayra Mendoza were attacked with
impunity by the Argentine security forces, receiving pepper spray in their
faces even though they were not carrying out any kind of violent act, which was
a police action rated by the Argentine government as perfect, ignoring that this fact could be regarded as a violation
against the rights of women, and even a violation against the right to
parliamentary immunity;
Examining
the fact that Mayra Mendoza belongs to a
political orientation criticized by the Buddhist
Tribunal on Human Rights, it does not imply that she is not offered
absolute solidarity facing the terrible attack that she has suffered as a woman
and as a parliamentarian that protested peacefully;
Bearing
in mind that the deputy Leonardo Grosso denounced having been attacked with
police batons, and that the deputy Victoria Donda also reported being beaten by
kicks of the Argentine police forces led by President Macri, and having to be
treated by doctors just like the other deputies attacked, which shows an
evident institutional violence, especially because the government publicly
mocked the deputies injured;
Taking
into consideration the fact that femicide
and gender violence have become a plague within Argentine society, there
being about 1 (one) femicide per day, that is an alarming amount according to the UN and its Committee against Torture, all of which are fed for the
institutional violence promulgated by the Argentine government of President
Macri that every day has less respect for the right to life and the right to
the fundamental freedoms of people, as has been perceived in gender violence
carried out with impunity against defenseless women deputies;
Affirming
the agreement with the UN Committee
against Torture about the fact that violence against women, especially in
the context of police detention, is framed within the category of torture,
cruel, inhuman and degrading treatment, so that according to the Buddhist Tribunal on Human Rights a
government that systematically encourages this treatment toward women is
committing crimes against humanity;
Expressing
dismay at the fact that women, retirees and native peoples of Argentina often
receive violations of their rights and fundamental freedoms by the government,
which usually ignores or treat everything that is not transmitted by the mass
media and social networks as nonexistent, creating a difficult context of
respect for minorities, including Buddhist Peoples and Spiritual Communities,
which have suffered violent attacks with total impunity;
Reaffirming
that the hunting and shot in the back that killed the Mapuche Rafael Nahuel,
together with the subsequent defense of this extrajudicial execution by the
government of President Macri, confirms that the Argentine State has entered a
new era of institutional violence led by the highest spheres, as happened with
the murder of prosecutor Nisman during the government of Cristina Fernández de
Kirchner, mistakenly believing that if a government is legitimized at the
ballot boxes it has the right to do anything it wants;
Declaring
that the Argentine government will continue to carry out and endorse episodes
of institutional violence, unless the Inter-American
Commission on Human Rights (IACHR) decides to intervene to curb this
systematic and widespread plan of impunity and violation of justice;
Confirming
that according to the Coordinator
Against Police and Institutional Repression (Correpi, in its Spanish acronym), Argentina is suffering the
highest point of violent repression in the last 35 years of democratic history,
reaching the point of more than 1 (one) death per day of President Macri's
government, that is a product of extrajudicial executions or torture that
happen because there are no restrictions
from the institutions of the Argentine government but quite the contrary;
Disapproving
that the gendarme Emmanuel Echazú, participant in the death of Santiago
Maldonado, member of the Mapuche tribal community, has been promoted by the
government of President Macri;
Denouncing
that President Macri has received and congratulated a policeman as a hero and a
national pride for having shot in the back an alleged delinquent who ran
unarmed, not only validating a crime and unofficial execution but also
violating the independence of the Judiciary by providing full support and
requesting the judge to stop investigating and prosecuting the homicidal police
officer;
Criticizing
the Argentine government for being composed of some officials who publicly
vindicate the genocidal military dictatorship that 35 years ago produced a
minimum of 8,000 forced disappearances in Argentina, in addition to developing
a systematic plan of torture and illegal executions that have been condemned as
crimes
against humanity and genocide;
·
It is stated that, from the point of view of
constitutionalism, the human right to protest is totally legitimate and valid,
even necessary and crucial for the functioning of democracy, especially in a
context of poverty and unemployment, or when a government establishes a system
in favor of the richest that ignores the welfare of the general population;
·
The IBEC &
BTHR affirms its agreement with the Inter-American
Commission on Human Rights (IACHR) in requesting the Argentine State to
guarantee the freedom of journalists when carrying out their informative work
within the framework of political demonstrations, and should not be detained,
threatened, assaulted or limited in the exercise of their profession, otherwise
a systematic plan of violations of the human right to freedom of expression
would be perpetuated;
·
The detailed report presented before Judge Torres by
the Procurator's Office for
Institutional Violence (Procuvin,
in its Spanish acronym) is invoked, which details numerous cases of police
abuse, such as aggressions and arbitrary detentions;
·
It is confirmed that the arbitrary detention of
journalists in full activity of filming and photographing political
demonstrations had previously occurred during the march in favor of the return
of Santiago Maldonado alive, which demonstrates the systematic nature of the
illegal measures of the Argentine government;
·
President Macri is condemned as a necessary
participant in the systematic plan of institutional violence and human rights
abuses in Argentina, especially for arbitrary detentions, unofficial
executions, and also for the apartheid against Indigenous and Aboriginal
Peoples, who are systematically discriminated and they are denied the access to
their territories, food and health in a widespread way, persecuting them with
false criminal processes and treating them as the last category of civil society, as claimed by tribal chief
Félix Díaz;
·
It is established that President Macri breached
commitments signed with Indigenous and Aboriginal Peoples, in addition to
continuing to breach constitutional regulations and international treaties
signed by Argentina that oblige the country to respect the rights of tribal
peoples and indigenous communities, such as the ILO Convention 169;
·
It is recalled that President Macri has publicly
expressed on several occasions, as in the World Economic Forum in Davos 2018,
that “in South America, we’re all
descendants of Europeans,” which constitutes an explicit denial of the
existence of indigenous communities and native peoples of Argentina and the
rest of Latin America;
·
It is expressed that institutional violence, torture,
arbitrary arrests and unofficial executions will continue to exist with
impunity in Argentina, even against Buddhist Peoples and Spiritual Communities,
unless the Inter-American Commission on
Human Rights (IACHR) decides to urgently intervene in order to protect the
sacredness of human life, not maintaining complicit silence in the face of
human rights violations.
This document was written two thousand six hundred
years after the foundation and independence of the Great Buddhist Nation.
President and Judge: H.E. Master Maitreya
Samyaksambuddha
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