Upon taking office in June President Federico Franco vowed that his new administration would clear up the violent Curuguaty incident [RBS-12-07], which led to the impeachment of his predecessor Fernando Lugo (2008-2012). There appeared to be little progress until September, when the authorities announced the arrest of a key suspect. Ahead of the scheduled general elections in April 2013, the Franco government is keen to distinguish itself by showing that it can more effectively deal with the country’s long running land conflicts involving the self-proclaimed landless farmers (Carperos). However, the official Curuguaty investigation has been called into question by one social organisation, which maintains that in the haste to resolve the case the authorities are conducting a very narrow investigation that skips over key issues and threatens to worsen tensions between the Carperos and the security forces.
Franco’s interior minister, Carmelo Caballero, on 27 September announced that the police had arrested Rubén Villalba, a Carpero leader identified by the authorities as one of the main instigators of the violence in Curuguaty. Caballero declared Villalba “fundamental” to the investigation, citing “strong evidence” that he may have fired the first shots killing some of the police officers tasked with evicting the Carperos from the lands of the native Campos Morumbí tribe, on which they were squatting (see sidebar). Highlighting the fact that Villalba was safely captured by the police, Caballero said that the authorities would now be able to conduct a full judicial investigation. President Franco, at the time was in New York for United Nation’s 67th General Assembly, tweeted: “Good job by the national police capturing Rubén Villalba. Let justice do its work. This case is a priority”.
A couple of days later (2 October), the prosecutor in charge of the case, Jalil Amir Rachid, presented the evidence against Villalba, which includes eyewitness statements and pictures of Villalba holding a gun and aiming it at the police. Rachid stated that there also is a recording of a conversation between Villalba and the local police chief days before the eviction, in which the latter asks the Carpero leader to tell his colleagues not to resist the police operation and to peacefully evacuate the area. However, according to Rachid, a video recording of the operation, filmed by the police on the day, “clearly shows that the Carperos were strategically placed to ambush the police”. Rachid said that the first line of police that came in contact with the Carperos was unarmed and that the video shows that they were fired upon by shooters positioned on either side of road. Villalba has denied responsibility for orchestrating an ambush or for attacking the police, claiming he had no firearm. He claims that another Carpero leader, Avelino Espínola, who was killed in the incident, was the one in command.
There are number of conspiracy theories surrounding the Curuguaty incident, with some believing that it was part of an elaborate plot to oust Lugo. The most credible of these maintains that the Carperos had been infiltrated by agent provocateurs intent on inciting violence. Yet according to Rachid the prosecution has no evidence of this; although he conceded that the prosecution would investigate whether Villalba had “any links to any insurgent armed group”, a clear allusion the self-proclaimed Ejército del Pueblo Paraguayo (EPP).
Prosecution’s investigation questioned
Hours after Rachid presented the prosecution’s evidence, the Plataforma de Estudios e Investigación de Conflictos Campesinos (PEICP), a local advocacy group, held a conference in which it presented its own analysis of the prosecution’s evidence. The PEICP said that its own “technical investigation”, led by a Spanish lawyer, Aitor Martínez Jiménez, arrived at very different conclusions. In particular, Martínez Jiménez’s findings contradict the claims that the Carperos had staged an ambush, pointing out that the police video shows that they were largely taken by surprise at the arrival of the police contingent, and were far outnumbered. More importantly, Martínez Jiménez claims that an audio analysis of the official police video, conducted with the help of the Spanish police, suggested that the first shots fired against the police came from assault rifles and not the kind of outdated shotguns that the Carperos are seen holding and were later found in their camp. This led Martínez Jiménez to conclude that these shots were fired by “sharpshooters”; not necessarily Carperos.
Martínez Jiménez also says that according to some witnesses, after the initial attack the police indiscriminately shot against the Carpero camp, meaning that some peasants had been “extra judicially executed”. (Eleven peasants and six police officers died in all). According to Martínez Jiménez there are some indications that the police may have hidden the bodies of some “tortured and murdered” peasants.
Martínez Jiménez said that the purpose of his investigation was not to challenge the prosecution or to defend the Carperos, but rather to collaborate with the official investigation in order to find the truth of what happened. Yet he accused the prosecution of ignoring relevant pieces of evidence. He added that only by conducting a thorough investigation into all of this could due process and other guarantees be ensured in any trial of the suspects. Martínez Jiménez said that he was willing to provide his assistance to the prosecution.
Strong Reactions
The controversial PEICP report produced predictably strong reactions. The former president Lugo (conveniently) agreed with the findings and said that here had been “dark forces” behind the violence. “There is a lot more to investigate in Curuguaty. It was not a simple clash between peasants and police that triggered the so called impeachment”, he stated. He also accused the Franco government of “not having the will or the desire” to find out what really happened in Curuguaty.
The authorities were quick to reject the PEICP’s conclusions. Rachid said that the conclusions of the “irresponsible parallel investigation” were “farfetched”. He added that the PEICP’s intentions were to lie to the people and question the validity of the official investigation. President Franco described the PEICP’s report as an “anthology of nonsense”. He added that that the authorities had already detained one of the “murderers” and that the official investigation would deliver justice. Rachid also questioned how the PEICP was able to obtain the prosecution’s evidence, given that the PEICP does not represent any of the defendants in the case. Indeed, Rachid revealed that he had refused to provide a copy of the case file to the PEICP director, Domingo Laíno, when he requested one. Intriguingly, Laíno is the founder and historical leader of the now ruling Partido Liberal Radical Auténtico (PLRA).
In response to Rachid’s questions, Laíno revealed that the PEICP’s lawyers were offering legal assistance to a number of the Carperos implicated in the incident. He added that in the wake of President Franco’s comments about the PEICP’s report the organisation would lodge a formal complaint against the government for violating due process by attempting to “delegitimize the defence” and for labelling Villalba a murderer, denying him the presumption of innocence. The fact that such a prominent political figure such as Laíno appears to be so involved in the Carperos’ defence has produced all kinds of speculation as to the possible political motives operating in the background.
Much like Franco, in 2008 Laíno backed Lugo’s candidacy. Franco may have turned on Lugo after he was elected, but Laíno never really removed his support for the former bishop. The speculation only intensified on 10 October after Laíno, 77, formally registered as a PLRA presidential pre-candidate ahead of party primaries scheduled for 16 December, thus emerging as the only challenger to the consensus PLRA presidential pre-candidate, Efraín Alegre, who served as public works minister under Lugo before also turning against him.
Campos Morumí is a 50,000 hectares (ha) estate in Canindeyú department which belongs to a prominent member of the traditional Asociación Nacional Republicana- Partido Colorado (ANR-PC), Blas N. Riquelme, who was a senator during the Alfredo Stroessner dictatorship (1954-1989). Paraguay’s truth and justice commission (CVJ) has found that at least 1,800ha on the estate are made up of State lands that had been “irregularly” appropriated by Riquelme. As a result, for years various landless farmers groups have pushed ANR-PC governments to redistribute these lands, but the politically-powerful Riquelme quashed these efforts. More recently, the Lugo administration entered into talks with Riquelme to try to buy back the lands. These were set to continue under Franco, but have been suspended following Riquelme’s death on 2 September.
After registering as a presidential pre-candidate for the Partido Liberal Radical Auténtico (PLRA) on 10 October, Domingo Laíno declared, “I am the candidate of the Carperos”. Laíno, who has been a PLRA presidential candidate three times previously, explained that in the last couple of years he has toured the country’s interior, listening to the plight of the sintierras (landless farmers) and the sintechos (homeless). He concluded that “the main problem is hunger and if this is eradicated there will be no more violent conflicts”. According to Laíno these people urged him to launch his candidacy. Laíno argued that he was “elected” while others had been “handpicked”.