Emblematic cases

ARGENTINA: Alicia Partnoy

CUBA: Maria Elena Cruz Varela

GUATEMALA: Myrna Mack Chang

MEXICO: Lydia Cacho

MEXICO: Brigadier General José Gallardo Rodríguez

PERU: Yehude Simon Munaro

 

ARGENTINA - Alicia Partnoy (Bellarmine college of liberal arts)Alicia Partnoy (born 1955, Bahía Blanca, Argentina), is a poet, academic, translator and human rights activist, who was among 30,000 Argentineans who were ‘disappeared' after the military coup in 1976. She was secretly imprisoned for two and a half years from 1977 to 1979, during which time she was tortured. Following her release, Partnoy claimed asylum in the USA, where she still lives and works. She has been very active in testifying before international human rights organisations against those involved in the military dictatorship.

At the time of her disappearance, Partnoy was a student of literature and a member of the Peronist Youth Movement, clandestinely collecting and disseminating information about the repression. On 12 January 1977, she was arrested by the army along with her infant daughter.

Partnoy was imprisoned at a concentration camp known as La Escuelita (The Little School), where dissidents were ‘taught' their ‘lessons', in other words tortured. After three months she was moved to prison, where she spent a total of two and a half years without charge or trial. During this time she was separated from her child and tortured, yet she managed to smuggle out stories and poems, which were published anonymously. Partnoy's first book, The Little School. Tales of Disappearance and Survival in Argentina provides a glimpse into her life as a blindfolded ‘disappeared' person.

The writer was released in 1979 thanks to international pressure. Following an Inter-American Commission on Human Rights monitoring mission to Argentina in 1979, she left for the USA, where she was granted refugee status and was reunited with her daughter and her husband.

Partnoy has testified before the United Nations, the Organisation of American States, Amnesty International and the Argentine Human Rights Commission. Her testimony is recorded in a compilation of testimonials by the National Commission for the Investigation of the Disappeared. She currently lives in Los Angeles, California, and teaches at Loyola Marymount University.

Partnoy became involved with PEN as a writer in exile following her arrival in the USA, and was invited to the PEN congress in Canada in 1989, as one of the ‘Next Generation'. She has worked on behalf of other persecuted writers and served on the board of PEN USA from 2003 to 2004. Partnoy presides over Proyecto VOS-Voices of Survivors, which brings survivors of state sponsored violence to lecture at US universities.

Her publications include: La Escuelita-Relatos testimoniales (2006), Volando bajito (Little Low Flying) (2005) (poetry), La Venganza de la manzana (Revenge of the Apple) (1992), You Can't Drown the Fire: Latin American Women Writing in Exile (edited by Partnoy) (1988), The Little School. Tales of Disappearance and Survival in Argentina (1986) - extracts from which were published in This Prison Where I Live. The PEN Anthology of Imprisoned Writers (1996) - see excerpt below.

Writing samples

Ruth v. the Torturer
‘Daughter, dear, my tongue hurts and I can't say rib-bit, rib-bit; even if I could, you wouldn't hear me. This little poem soothed you when you cried; you went to sleep listening to it... I've repeated it for a whole day but I still can't sleep. Rib-bit, rib-bit, he sings on the roof.... I won't see you again... Trapped, like the little frog... but we hear him all the time. I told the torturers if they took me to the meeting place I would point to him. Then, when I saw him, I didn't do what I promised. Afterward, the electric prod again and the blows... harder: ‘Where is he?' But my child. Rib-bit, rib-bit... Where are you, my little girl? ‘I don't know where he is.' The punch to my stomach. Stop it... please! Like a caged animal. We hear him all the time/ Rib-bit, rib-bit, little frog... if only I was a frog. I smell like a caged animal. I think I'm about to lose my mind. Nobody knows where he hides... If I fall asleep I won't ache for a while... I guess a whole day has passed... I'm going to recite the poem to you again, my girl, the poem of the little frog... Soon you'll we two years old and you'll learn it all. We hear him when it rains/ Rib-bit, rib-bit... Nobody's seen him at home... My girl, my tongue is hurting and I can't say rib-bit, rib-bit... But this poem soothed you when you cried... don't make me believe I'm an animal... that's not my scream... that's some animal screaming... leave my body in peace. I'm a little frog for my daughter to play with... she'll soon be two years old and she'll learn the whole poem... We'll hear him, rib-bit, rib-bit, when it rains, rib-bit, rib-bit...'

Alicia Partnoy, c. 1975
(from The Little School, 1988, published in This Prison Where I Live. The PEN Anthology of Imprisoned Writers, 1996)

Testimony on the "Little School" concentration camp in Bahía Blanca  (Spanish) 


CUBA - Maria Elena CRUZ VARELA (liberal int.org)Maria Elena Cruz Varela (born 1953, Colón, Cuba) is an award-winning poet, novelist and political activist. She was imprisoned for 18 months between 1991 and 1993 and then held under house arrest before going into exile in 1994.

At the time of her arrest in November 1991, Cruz Varela was an active member of Criterio Alternativo, an independent political analysis group. In June that year, the group had published a manifesto entitled ‘Declaration of Cuban Intellectuals' demanding reforms, national debates and free elections. In March that year Cruz Varela was expelled from the National Union of Cuban Writers, which had awarded her the 1989 Julian de Casal prize.

In the month before her arrest, Cruz Varela and other members of Criterio Alternativo had reportedly been handing out pro-democracy leaflets in Havana and had met foreign diplomats, asking them to take human rights abuses into account when considering aid for Cuba. On 19 November 1991, a crowd believed to have been under instructions from the government arrived at her house, physically assaulted her, and rammed Criterio Alternativo leaflets down her throat.

Cruz Varela was held in her home for three days before being arrested and taken to Villa Marista prison where she was held incommunicado for a few days. On 27 November 1991, she was sentenced to two years in prison for ‘disrespect for the institutions of Cuba', ‘insulting the heroes of Cuba', and ‘illegal association'. It was reported that she was not allowed a lawyer of her choice and that a sentence was decided before a hearing took place. There was an unsuccessful appeal a few days later.

The poet was held in Combindado del Sur maximum security prison in Matanzas province. She was reportedly subjected to lengthy interrogation sessions during which a bright light was shone into her eyes, damaging her vision.

Cruz Varela was finally released in May 1993, six months before the end of her sentence, but was then kept under house arrest. In 1994, she was allowed to leave the country to receive a prize for her political work, and later moved to Puerto Rico. She now lives in Spain where she she continues to write and teach.

PEN provided direct support to Cruz Varela both during and after her imprisonment. This included appeals to the Cuban government calling for her release - including as part of Day of the Imprisoned Writer 1992 - , personal correspondence with the poet and her friends, an emergency grant in 1994, and help with finding scholarships and publishers. Cruz Varela was an Honorary Member of the American, Czech, English, French, Italian, Norwegian and San Miguel de Allende PEN Centres. Current International PEN Vice President Mario Vargas Llosa was also active in supporting her case.

Cruz Varela's publications include the novels La hija de Cuba (2006) and Juana de Arco: el corazón del verdugo (2003) and the poetry collections La voz de Adán y yo (2001), Balada de la Sangre (Ballad of the Blood) (1996), El ángel agotado (1992), Hija de Eva (1991), Afuera está lloviendo (1987) and Mientras la espera el agua (1986).

She has been awarded numerous prizes, including the "Alfonso X El Sabio" Historic Novel Award for Juana de Arco (2003), Emilia Bernal (2001), Mariano de Cavia (1995), Rotterdam Poetry International (1993), Liberal International Prize for Freedom (1992) and Julián del Casal (Cuba) for Hija de Eva (1989).

In a letter to all PEN staff, dated 24 September 1993, Cruz Varela wrote:
"I do not want to miss this opportunity [...] to send you my most fervent gratitude for the solidarity shown to me by such a prestigious organization during my time in prison. I also thank you from the bottom of my heart for the welcome I received as an Honorary Member of International PEN, which was a source of great motivation for me and which I will certainly use in the future, with your wise help."

In a letter to Mandy Garner, former Americas researcher for International PEN, dated 15 March 1994, the poet wrote: "Your letters have been of great emotional support in these absolutely critical moments for me as a poet and as a citizen of this beautiful country, which is about to disappear, if not geographically, then through inertia and, worse, the fear which is undermining the best of the Cuban character, since we have become a neurotic nation. What can we do? At the very least, I am continuing to fight for new spaces from my trench of ideas, with my weapon: the word. I am devoting most of my time to this in extremely difficult circumstances."

From her essay ‘Censorship and self-censorship in Latin American women's literature', she refers to the importance of the moral support provided to persecuted writers by international organisations: "International solidarity movements, brought about by the efforts of writers' organizations, can be very effective, although at times of extreme repression even they cannot achieve much. Nevertheless, for the oppressed writer, the moral force which these movements can provide is invaluable. (I speak from my own experience.)"

Writing Samples

Seven poems from Ballad of the Blood translated by Deborah Digges and Mairym Cruz-Bernal, The American Poetry Review, 1995 (English)

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GUATEMALA - Myrna MACKMyrna Mack Chang (born 24 October 1949, Barrio San Nicolás, Retalhuleu department, Guatemala; died 11 September 1990, Guatemala City) was an anthropologist who was assassinated by Guatemalan state intelligence agents in retribution for her groundbreaking research on the destruction of rural indigenous communities. Her sister, Helen Mack, has fought tirelessly to bring to justice those involved in her murder.

On the evening of 11 September 1990, Myrna Mack was stabbed 27 times by two men as she left her office. In 1991, Helen Mack initiated a private prosecution against those responsible for the killing and in 1993 founded the Myrna Mack Foundation to fight against impunity and for the rule of rule, peace and democracy in Guatemala. Her efforts led to the conviction of a low-level sergeant, Noel Jesús Beteta Álvarez, who was sentenced to 25 years in prison for the crime in 1993, the first ever conviction of a military officer in Guatemala.

Three years later, three high-level military officers were indicted for ordering the murder and, after multiple delays, were subsequently put on trial in September 2002. That same year, Colonel Valencia Osorio was also found guilty of having ordered the murder. The verdict was overturned on appeal in May 2003, but a year later the Supreme Court annulled the appeal and sentenced Colonel Valencia to 30 years in prison.

Serious obstacles hampered the investigation and prosecution of the case, including the destruction of evidence, the withholding of documents, threats against and attacks on witnesses, lawyers, judges and investigators, and the exploitation of Guatemala's weak judicial system.

At an international level, the case was submitted to the Inter-American Court on Human Rights, which in 2003 condemned the Guatemalan government for its role in the assassination and for failing to ensure timely justice in the case. In April 2004, the government publicly acknowledged that its agents were responsible for the killing and provided her family with compensation.

PEN was active in Myrna Mack's case throughout the trial, sending letters to the Guatemalan government asking it to investigate further and to protect the journalists covering the case, an appeal joined by PEN Vice President Margaret Atwood. The organisation also wrote to the US government asking for the release of all intelligence files relating to the murder, helped AVANCSO (the social research centre co-founded by Myrna Mack) to place articles in the press, and sent letters of support to the journalists covering the case. In 1992, PEN USA gave Myrna Mack its PEN Freedom to Write Award, presented to Helen Mack. Five years after her sister's death, on 11 September 1996, Helen Mack addressed the PEN Congress in Guadalajara, Mexico, on the obstacles she encountered in the Guatemalan justice system and the situation for journalists in the country.

Myrna Mack's publications include: Política institucional hacia el desplazado interno de Guatemala (Institutional Politics towards Internal Displacement in Guatemala) (1990) and ¿Dónde está el futuro? (Where is the future?) (1990).

In her address to the PEN Congress in Guadalajara, Mexico, in September 1996, Helen Mack spoke of the obstacles she encountered in the Guatemalan justice system and the situation for journalists in the country: "Nothing positive can be constructed in Guatemala on the foundation of impunity and forgetting, on the denial of truth and justice, because the very design for life in the future will arise out of an apprenticeship in what occurred in the past; that will be the foundation on which the construction of a new society should begin. The present government of Guatemala has demonstrated political will to defeat impunity in a way no government has ever attempted before. But it is facing a problem rooted in all the organs of the State, its institutions, and society itself. So we are facing a process that appears rugged and long."

Extract from a letter from Myrna Mack describing her work in the Guatemalan countryside, dated 7 April 1989: "It can be seen that there is a silent struggle not to let oneself be defeated, not to let oneself be dominated by pain and despair. But small changes take place at an extremely slow pace and at a social cost that is too high..."

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MEXICO: Lydia Cacho

MEXICO - Lydia CachoLydia Cacho (born 1963, Mexico City, Mexico) is an award-winning author, journalist and women's rights activist. Following the publication of her first book in 2005, on child pornography in Mexico, she was illegally arrested, detained and ill treated before being subjected to a year-long criminal defamation lawsuit. She was cleared of all charges in 2007 but continues to be the target of harassment and threats due to her investigative journalism.

In the spring of 2005, Cacho published Los Demonios del Eden: El Poder Que Protege a la Pornografía Infantil (The Demons of Eden: The Power That Protects Child Pornography), an exposé of child abuse and pornography rings in Cancun. In her book, she accuses Jean Succar Kuri, a Cancun hotel owner, of being involved in a child pornography ring. She mentions Kamel Nacif Borge, a Puebla businessman, as protecting Succar Kuri, as well as implicating various well known politicians. The book was based on victim testimonies and a video of Kuri filmed with a hidden camera.

In October 2005, seven months after the publication of her book, Nacif Borge sued Cacho for criminal defamation. A few days later, police officers from the state of Puebla forced Cacho into a van and drove her 950 miles across Mexico, reportedly ramming gun barrels into her face and taunting her for 20 hours with threats that she would be drowned, raped or murdered. She was released on bail.

On 14 February 2006, several telephone conversations between Nacif Borge and Mario Marín, governor of the state of Puebla, were revealed by the Mexico City daily La Jornada, creating a media frenzy. In these conversations, which took place before Cacho's arrest, Marín and Nacif Borge discussed putting Cacho in jail as a favour, and having her beaten and abused while in jail in order to silence her. In January 2007, Cacho was acquitted of all charges of defamation.

On 29 November 2007, the Supreme Court ruled that Governor Marín had no case to answer. Following this ruling, the United Nations High Commissioner for Human Rights advised Cacho to leave the country and offered her political asylum, legal assistance and access to international courts. However, Cacho has chosen to remain in Mexico.

In April 2008, the Attorney General's Office issued arrest warrants against five public servants from Puebla allegedly involved in Cacho's illegal detention in 2005. These were said to include the former attorney general, a minister, a police commander and various criminal justice system officials, who allegedly falsified paperwork in order to facilitate Cacho's arrest. However, in June 2008, a court in Quintana Roo state rejected the request on jurisdictional grounds and closed the investigation. As of late 2008, this ruling was pending appeal. Cacho alleges that her file has been altered and key information has been removed by the Attorney General's office, weakening her case. She remains under threat.

PEN has supported Cacho since the beginning of her ordeal. It has sent appeal letters on her behalf to the Mexican authorities, including as part of the 2006 Day of the Imprisoned Writer, and has provided an emergency grant to help with her legal costs. In July 2007, International PEN published the report Violence, Intimidation and Criminal Defamation in Mexico: the case of Lydia Cacho making recommendations to the Mexican government to protect other journalists from criminal defamation lawsuits and violence. In 2008 Swedish PEN awarded Cacho the Tucholsky prize, which is granted to writers who have fought for the right to free expression.

Cacho's work includes three non-fiction books: Los Demonios del Edén (The Demons of Eden: The Power That Protects Child Pornography) (2005),  Memorias de una Infamia (Memorias de una infamia (Memoirs of a Scandal) (2008), which describes the author's abduction and trial, and Con mi hij@ no (Not with my daughter/son) (2009). She is also a columnist for the Mexico City newspaper, El Universal. In addition to her work as a journalist, Cacho founded and directs the Refuge Center for Abused Women of Cancun and is president of the Center for Women's Assistance, which aids victims of domestic violence and gender discrimination.

Cacho has won numerous awards for her work including the Tucholsky prize from Swedish PEN (2008), the Freedom of Expression prize from Spanish Journalists' Union in Valencia (2008), the UNESCO/Guillermo Cano World Press Freedom Prize (2008), the Oxfam/Novib PEN Award for Free Expression (2007), the Amnesty International Ginetta Sagan Award for Women and Children's Rights(2007) and the Francisco Ojeda Award for Journalistic Courage (2005).

In a speech at a reception hosted by PEN America on 4 April 2007, Cacho acknowledged the importance of PEN's support: "I do believe that all these people, including most of you here tonight, saved my life by writing letters, by being there, by making calls or even just by thinking or wishing that I was alive..."

Extract from a letter from Roberto Saviano, author of the bestselling, controversial book about the Neapolitan mafia, Gomorrah, on the occasion of Lydia Cacho being awarded the Tucholsky Prize by Swedish PEN in November 2008:

"Lydia Cacho is a model for all who wish to work as journalists. She is a woman of great courage who has endured prison and torture to defend a minority that nobody listened to, to draw people's attention to the wrongs that women and children are subject to in Mexico and in the poorest parts of the world. She has brought about information that was earlier not available and she has exposed herself to enormous risk by informing against important businessmen and politicians.

"I myself have directed my accusations against organized crime. I have opened windows that showed collaboration between organized crime and politics, but I have not explicitly attacked the government of my country. I am threatened by the camorra but I am defended by the Italian state.

"Lydia Cacho has had to serve an unjust term of imprisonment, she has been threatened and tortured to frighten her off, while thereafter it was discovered that her accusations were well-founded. The importance of her evidence has universal validity. Everywhere where government is weak, everywhere where society accepts criminality, women and children become the first victims. Trade in and exploitation of human beings is the most primitive of crimes which, in contrast to the trade in arms and drugs, provides sky-high profit margins but limited risks. The recognition of Lydia Cacho by Swedish PEN is a deeply civilized action."

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  • Lydia Cacho's blog

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    MEXICO: Brigadier General José Gallardo Rodríguez

    MEXICO - General Gallardo (private)Brigadier General José Gallardo Rodríguez (born Atotonilco, Jalisco state, Mexico) is an army officer who was arrested in 1993 shortly after the publication of an excerpt from his Master's thesis, which called for an independent civilian ombudsman to investigate human rights abuses committed by the army. He was finally released in 2002, after more than eight years in prison.

    At the time of his arrest on 9 November 1993, General Gallardo had served in the Mexican army for over 30 years and was one of the youngest military officers to hold the rank of Brigadier. He was arrested on embezzlement-related charges, of which he had been exonerated four years previously, and for the publication in the magazine Forum of an excerpt from his thesis, entitled 'The Need for a Military Ombudsman in Mexico'. Judicial proceedings were initiated against him for damaging, libeling, and slandering the Mexican army.

    On 18 December 1993, a military court issued a written order stating that General Gallardo was to remain a prisoner in custody until further notice. During his time in prison, many international organisations called for his release.

    In 1996, the Inter-American Commission on Human Rights (IACHR) concluded that Gallardo was imprisoned ‘without reason and legal justification' and recommended his immediate release. This view was later backed by the UN Working Group of Arbitrary Detention. However, he remained under arrest and on March 1998 was sentenced by a military court to 14 years and eight months in prison for ‘misappropriation of government property and destruction of military archives'. Another 14 years was added to this for ‘illegal profiteering'.

    Frustrated by the Mexican government's refusal to comply with its 1996 recommendations and concerned for Gallardo's safety in prison, the IACHR petitioned the Inter-American Court in December to grant Gallardo emergency measures. The Court accepted the case and ordered the Mexican government to appear at a hearing in San José, Costa Rica, on 18 February 2002. On 7 February 2002, a week before the hearing, Gallardo was released by the Mexican government.

    PEN centres worldwide defended Gallardo during his eight years' imprisonment. It organised an extensive letter writing campaign to the Mexican government and Human Rights Commission, the Mexican and international media, Mexican embassies abroad, government foreign offices, the Organisation of American States and various United Nationa special rapporteurs. PEN Centres around the world also set up direct contact with Gallardo's family and provided means to share updated news and show solidarity and support. PEN's Americas Network in particular, undertook a mission in Mexico to investigate and draw attention to the case. Gallardo was also one of five writers featured in PEN's 1996 International Day of the Imprisoned Writer. Among the writers who expressed support for General Gallardo were Gabriel García Marquez, Mario Vargas Llosa and Fernando Savater.

    General Gallardo and his family were special guests at the PEN Congress held in Mexico City in November 2003. They arrived with several boxes containing the thousands of letters he had received from all over the world - many from PEN members.

    In his address to the PEN Congress held in Mexico City in November 2003, General Gallardo acknowledged PEN's role in his release: "Without the work of the Writers in Prison Committee, it would have been so difficult for the Mexican government to open up the gates for my release... I would like to thank God and PEN International. I owe them my freedom."

    Gallardo's wife noted the importance of the books International PEN sent him in prison: ‘"They] were so helpful for my husband to endure his stay in prison. He never felt in jail, the windows were open, there were no walls for him ever. We, his family, would go and visit him and instead of finding someone shy, inhibited, he was the opposite. We would drive us, we would encourage us to keep fighting and that's why our family was not destroyed. They could not destroy our family. With your support, we were able to get my husband's freedom.... We had 35,000 letters.... Thank you."


    PERU - Yehude SIMON (cnr.org.pe)Yehude Simon Munaro (born 1947, Lima) is a writer and politician, currently Prime Minister of Peru. He was imprisoned between 1992 and 2000 on false terrorism charges. After his release he returned to politics and became governor of the Lambayeque region in 2003. He became Prime Minister in October 2008.

    Munaro was active in Peru's political life throughout the 80s, but it wasn't until 1991, when he founded the Movimiento por una Patria Libre (Movement for a Free Nation) that he became a target for the government. The movement was accused of being a branch of the Tupac Amaru Revolutionary Movement (MRTA), a terrorist organisation. On 11 June 1992, Munaro was arrested together with other members of the Movement for a Free Nation and charged with acts of subversion. The evidence presented against him was altered and intentionally misunderstood. In a trial that lasted no more than five minutes, Munaro was sentenced to 20 years in prison and ordered to pay US$3,000 million to the state for collaboration with a terrorist group.

    During his eight and a half years in prison Munaro was subjected to deplorable conditions and allowed minimal contact with his family. The media and international organisations, including PEN, took up the case and constantly called for his release.

    It was not until the end of the Fujimori regime that Yehude's case was reconsidered. In 2000, President Valentín Paniagua Corazao's transitional government granted Simon a pardon and cleared him of all charges. Munaro declared his intention to work on behalf of innocent prisoners languishing in Peru's jails. In 2002 President Toledo issued a public apology as indemnity for Munaro having been wrongly imprisoned.

    PEN provided direct support to Munaro both during and after his imprisonment. This included appeals to the Peruvian government and various politicians calling for his release, personal correspondence with Munaro and his wife, meetings between PEN Centres and Peruvian embassies to inquire about Yehude's health, and a visit to Munaro in prison on February 1999 by members of the Canadian, Danish, Swedish and Spanish PEN Centres. Former President of PEN Canada, Marian Botsford Fraser, wrote about the experience in the article ‘Ten Days and Nights in a Latin American Novel'.
    In 2001, Munaro was awarded the inaugural PEN Emergency Fund/NOVIB Award.

    Munaro's publications include El grito de la Agonía (The Scream of Agony) (2000), an essay and various poems on imprisonment as seen through the eyes of an inmate, El Pasajero y otros cuentos (The Passenger and other tales) (1998), a compilation of testimonials by fellow inmates, Hablar una vez más (To Speak Once More) and his first published book State and guerrillas in Peru During the 80s (1989).

    In a letter to PEN following his release in 2000, Munaro wrote: "The life of a prisoner is hard and desperate, even more so when the victim is innocent. I do not know what I would have done without your oceanic solidarity."

    Munaro also acknowledged PEN's support in a 2000 article entitled ‘La Mas Facil de las Virtudes' (The Easiest of Virtues): "Thank God, many human rights organizations, both national and international, have been deeply generous and have shown solidarity towards me and my family. I'm referring in particular to International PEN, Amnesty International, the National Coordinator of Human Rights and especially, to the Legal Defence Institute. Had it not been for them, it would have been very difficult to maintain my mental heath."

    Munaro's wife, Nancy Valcárcel de Simon, wrote in a letter to International PEN Secretary Eugene Schoulgin dated 14 October 1998: "Being able to count on you in our quest to obtain justice and expose the truth comforts us and gives us strength to go on."

     

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