Goni case - next steps

Last week, the Bolivian Supreme Court declared Gonzalo Sanchez de Lozada, Carlos Sanchez Berzain, and Jorge Berindoague “rebeldes.”  All three men currently live in the U.S. 

The declaration is an official statement that these three men are not properly submitting themselves to the demands of the Bolivian justice system, for they have neither personally come to Bolivia to offer declarations as part of the judicial process, nor have they sent an official representative to do so on their behalf.  Nor have they presented themselves nor sent a legal representative to the Bolivian embassy in the U.S. in order to fulfill these obligations. 

The action of the Supreme Court follows the Bolivian Attorney General’s decision a few weeks prior to present an “imputación formal” against these three men.  The “imputación formal” is not an accusation, but rather, a declaration that attributes to these three men the possibility of criminal activity that is under investigation. 

For those of you following the campaign to bring Sanchez de Lozada and his ex-ministers to justice, you will recall that we had previously been trying to pressure the U.S. government to notify these men of the trial being prepared in Bolivia, and of their obligation to return and participate in the proceedings. 

This particular step—the U.S. government fulfilling the notification request which they received nineteen months ago and to which they have never formally responded—is no longer necessary. 

The Bolivian Attorney General has announced that there exists sufficient legal evidence to indicate that all three of these men are aware of the proceedings underway in Bolivia.  The evidence includes a CNN interview in which Sanchez de Lozada stated that he was aware of the proceedings, as well as legal correspondence between the Bolivian government and the men’s attorneys pertaining to the proceedings.  Because of this evidence, the Attorney General was able to move forward with the “imputación formal” and the Supreme Court with the declaration of “rebelde.”

Now that the men have been declared “rebeldes,” the next step will be the sending of an order of extradition from the Bolivian Supreme Court to the Bolivian embassy in the U.S.  It will then be in the hands of the U.S. Supreme Court to either nullify the request or agree to cooperate in its fulfillment.  The Bolivian Supreme Court is expected to release the extradition order within the next two weeks. 

Unlike the earlier request for notification, in which there was no relevant treaty which obligated the U.S. to participate in the process, there does exist an extradition treaty between the U.S. and Bolivia, ironically signed by Gonzalo Sanchez de Lozada himself on June 27, 1995. 

Actions

Those of us involved in the international campaign to end impunity, and bring Sanchez de Lozada and his collaborators back to Bolivia for the trial, are being asked by the family members of those killed in the massacre of September/October 2003 to increase our efforts in the U.S. and throughout the world to share the news of these important developments, to continue and increase our campaign of pressure on the U.S. government to assist in and not to obstruct the process of justice for the Bolivian people. 

We need to tell the world that Gonzalo Sanchez de Lozada, Carlos Sanchez Berzain and Jorge Berindoague are facing extradition for the horrific events of September/October 2003.  We need to work together to identify strategies to educate solidarity-minded citizens and pressure the U.S. government to cooperate in this matter. 

Please keep us informed of actions you are taking in your area with regard to this case.  In the next few weeks, we will be sending along an informational report which further clarifies the status of the investigation, and in particular, offers answers to some of the likely messages that Sanchez de Lozada and his allies will be propagating in their own campaign against the extradition process.   We are also preparing some of the personal reflections from family members of the fallen for use in a variety of settings. 

One priority at this time is to send to the U.S. a delegation of family members of those who were killed, so that they can tell the story of the September/October massacre in their own voices.  It would be ideal to time their arrival in the U.S. with the arrival of the extradition order, which means we would seek to send them in March, 2007.  We continue to seek funds to cover international and domestic airfare, lodging and other expenses during their stay. 

Please let me know ASAP if you are aware of groups or individuals who might offer support for this delegation to travel to the U.S.  At a minimum, we would need $5,000 in order to move ahead with our plans, or perhaps at least enough sky miles for two people to travel for free, and then we´d piece together the rest of what we need…. 

I look forward to hearing from you with questions, ideas and, most importantly, your plans for bringing Sanchez de Lozada to justice in 2007.

Peace, friends.
Maggie Fogarty
El Alto, Bolivia