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Of Interest: International PEN WiPC Americas Free Expression Network (AmFEN)

October 24, 2008

The purpose of International PEN WiPC Americas Free Expression Network (AmFEN) is to facilitate the exchange of information about free expression issues in the Americas, and to encourage collaboration between PEN Centers within and outside the region to campaign on these issues. 

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International PEN WiPC Americas Free Expression Network (AmFEN)

This network notice covers the following:

* MEXICO:
o Anthropologist and author murdered – take action
o Irregularities in Bradley Wills murder investigation
o Poet Sergio Witz fined for insulting national flag
* NICARAGUA: Poet Ernesto Cardenal convicted of defamation, fined – take action
* HAITI: Appeal for journalist flood victims
* Recent publications

_______________________________

MEXICO

Anthropologist and author murdered
The WiPC was shocked to learn of the murder of the anthropologist, author and indigenous rights activist Miguel Ángel Gutiérrez Ávila, who was apparently beaten to death in Guerrero, Southern Mexico, on 26 July 2008. It is thought that the killing may have been related to Gutiérrez’ documentation of attacks against an indigenous community radio station. The WiPC is calling on the state and federal authorities to carry out a full and impartial investigation into the murder and to ensure those responsible are brought to justice.

Action: Continue to send appeals.
http://www.internationalpen.org.uk/go/news/mexico-anthropologist-and-activist-murdered

Irregularities in Bradley Wills murder investigation

On 26 September 2008, the Mexican National Human Rights Commission (Comisión Nacional de Derechos Humanos de México, CNDH) published a report on alleged irregularities in the official investigation into the murder of US cameraman Bradley Wills, who was shot dead in Oaxaca on 27 October 2006 while covering confrontations between local authorities and the Popular Assembly of the Oaxaca People (APPO). The CNDH report throws into doubt the state and federal General Attorney’s office’s claim that APPO members were responsible for Wills’ death, and highlights a series of other serious flaws in the investigation. It calls on the Mexican authorities to shed light on these deficiencies and to undertake a fresh enquiry into the murder.

The text of the CNDH recommendation is available at http://www.cndh.org.mx/recomen/recomen.asp

Poet Sergio Witz fined for insulting national flag

PEN members may recall that the university professor and poet Sergio Witz López was found guilty of “insulting national symbols” after his poem “Invitación (La Patria Entre Mierda)” [“Invitation (The Country in Shit)”] was published in the Campeche-based magazine Criterios in 2001. Among other imagery the poet imagines himself using the Mexican flag as toilet paper. After the Supreme Court found Witz guilty of “insulting national symbols” on 5 October 2005, Witz faced up to four years’ in prison. On 7 May 2008 - after seven years of litigation - a federal court in Campeche finally sentenced Witz to a fine of 50 pesos (about US$5), having ignored the public prosecutor’s request for a custodial sentence. Witz reportedly said he would refuse to pay the fine: “It would be like admitting that I am a criminal,” he was quoted as saying. This is reportedly the first time a poet has been sentenced for insulting the national flag in Mexico and the case was viewed as a crucial test of freedom of expression in Mexico.

For reports on the sentence: http://www.article19.org/pdfs/publications/artist-alert-july-2008.pdf (English)

To read the offending poem, visit: http://es.wikipedia.org/wiki/Sergio_Witz (Spanish)

NICARAGUA

Poet Ernesto Cardenal convicted of defamation, fined – take action

On 22 August 2008, the renowned poet, priest and former culture minister, Ernesto Cardenal, was found guilty of insulting the Nicaragua based German businessman Immanuel Zerger and his wife Nubia Arcia in a property dispute, and fined 20,000 córdobas (around US$1,025). Cardenal (82) says the revival of the case is illegal and amounts to political persecution by the government of Daniel Ortega. He was reportedly acquitted of the same charges in 2005 and under Nicaraguan law there is a six-month cut-off for appealing or revoking sentences. The poet has refused to pay the fine and his bank accounts have been frozen. The sentence has been denounced by numerous writers, artists and activists worldwide.

The poet served as culture minister under Otega’s first government following the Sandinista revolution, but has since distanced himself from Ortega ideologically and is now known as an outspoken critic of his current administration. Cardenal claims that the illegal revoking of his non guilty sentence and the revival of the case is retribution for a recent trip to Paraguay, where he attended President Lugo’s inauguration as a special guest and where he publicly criticised Ortega.

For more details on Cardenal’s case, see the following blog: http://www.poetascontraladictadura.blogspot.com/ (Spanish).

Action: On 25 September 2008, American PEN sent a letter to the Nicaraguan authorities expressing its concern about, which PEN members may use as a basis for their own appeals should they wish.  See http://www.pen.org/viewmedia.php/prmMID/2844/prmID/172 (English)

HAITI: Appeal for journalist flood victims

On 2 October 2008, the WiPC received an appeal for help from Joseph Guyler Delva of SOS Journalistes-Haiti on behalf of journalists who have been left homeless in recent floods in the city of Gonaives, Haiti. According to Delva: “About 70 journalists and other media workers need your help and your solidarity in Gonaives. Many of them no longer have a shirt to wear or have a place to call home, because their homes were either completely destroyed, severely damaged or are still under high mud. SOS Journalists-Haiti has been trying to help them, but lacks necessary means.”

Recent publications

Americas - ‘Soft censorship’: In August, the Open Society Justice Initiative released The Price of Silence: The Growing Threat of Soft Censorship in Latin America, on the use of public funds to influence media coverage in Argentina, Chile, Colombia, Costa Rica, Honduras, Peru and Uruguay. For the executive summary and full report in English and Spanish, see http://www.justiceinitiative.org/db/resource2?res_id=104124

Mexico - the effects of impunity and violence on press freedom: In August, Article 19 and a coalition of press freedom organizations put out a report entitled Press Freedom: Shadow of Impunity and Violence, based on their April 2008 mission to the country. For the executive summary and full report, visit http://www.article19.org/pdfs/publications/mexico-shadow-of-impunity-and-violence.pdf (English) or http://www.article19.org/pdfs/publications/mexico-la-sombra-de-la-impunidad-y-la-violencia.pdf (Spanish)

Mexico - journalist disappearances: In September, the Committee to Protect Journalists (CPJ) issued a report on the disappearances of seven journalists in Mexico in the last three years, many of whom had reported on the links between public official and drugs traffickers. All of the disappearances are unsolved. See http://www.cpj.org/Briefings/2008/Mexico2008/mexico_08.html (English only)

Venezuela – freedom of expression undermined: In September, Human Rights Watch released a study on the human rights situation in Venezuela to mark ten years’ of the Chávez presidency. The report, which argues that the last decade has seen the weakening of democratic institutions and human rights guarantees, includes a chapter on how the Chávez government has allegedly undermined freedom of expression through a variety of measures aimed at reshaping media control and content. See http://hrw.org/reports/2008/venezuela0908/4.htm#_Toc207173162 (English) or http://hrw.org/spanish/reports/2008/venezuela0908/4.htm#_Toc207123517 (Spanish)