Paraguay

Almost six years after poisoned by the US company Delta & Pine with thousands of kilos of agrotoxic substances, the peasants of Rincon'i enjoy a few days of well deserved pause in their fight.  And they pause to finally celebrate a court ruling in their criminal proceedings started in November 1998.

On July 14, Judge German Torres, of the criminal court of Paraguarí adjudged: “The existence of a punishable act against the environment, and the illegal treatment of waste has been duly proved, as well as the direct participation of the accused Nery Guzmán Rivas and of Julio César Chávez as accomplice".  Nery Rivas, Agricultural Engineer and right-hand man of Delta & Pine was condemned to two years of prison and Chavez, land-owner of the plot were the toxic waste was dumped, received a prison term of 15 months. Both sentences were suspended for three years, as authorized by the Paraguayan Law for special situations, which in this case implies a fine of approximately 30,000 US dollars both, a ban to leave the country or to change domicile without court authorization and the obligation to appear in court every four months.  This regime must be strictly followed for three years by those convicted, otherwise they will end up in jail until the end of the prison term.

Another important resolution included in the ruling of judge Torres is that the case against Eric Lorenz, US representative of Delta & Pine Company in Paraguay, who fled the country soon after the crime and now is formally declared in default by the Paraguayan justice, will remain open.

Moreover, the ruling stated that there is not enough evidence in the file to relate the death of Agustín Ruiz -deceased one month after the event- and the dumping of poisoned seeds in Rincon’I, thus rejecting the position of the state attorneys who requested that both accused where charged with “unintentional homicide”.

Finally, Judge Torres considered necessary to create a two-party committee, made up of neighbors affected by pollution and representatives of the Ministry of Public Health, in order to jointly manage the money of the fine which use shall be determined by such committee.

The condemned persons did not exercise their right to appeal, and the term for it has already expired, so the judgment has become final.

It can be stated that the court victory of the neighbors of Rincon'I has been total, conclusive and without ambiguities. According to experts, this is the first criminal punishment in Latin America for an intentional environmental crime, with which the fight of these peasants becomes exemplary.

Ana María Segovia, spokesperson of the group of people affected by pollution, has been their driving force and also their symbol of resistance, rebelliousness, and determination of her community, three distinguishing characteristics of the Paraguayan character. Very little has been said about this not to fatten up the beasts, but during these six years these people were not on hold but fighting against direct or veiled threats, against maneuvers which at some point managed to divide the victims, against economic difficulties and limitations which imposed frustration and powerlessness, against disloyal lawyers who ended up working for the opposing party and almost managed to ruin the lawsuit, but were fortunately replaced on time - in some cases against doubts and weaknesses which used to cause uneasiness and powerlessness.  Some people offered their time and energy to face these adversities, some of them offered their money, some their support, affection and their encouraging word and they were many.  However, there was some who gave her whole life of commitment to this fight, as a member of her community, as a mother and as a person, and she is Ana Maria Segovia.

“Today is a happy day because after so long, so much fighting and sorrow we have reached our goal together with the community: we proved that we were victims of an illegal act and those responsible were punished. We would of wanted more severe sentences, in line with the damage we have suffered and which we will certainly go on suffering, because the effects of pollution in our health and that of our children shall be for a long term. But we’re still satisfied because we think justice has been done, at least with the accused Paraguayans. Now there’s need to think what to do so that Mr. Lorenz faces his responsibilities, and we will also begin the preparations for a civil action. In the name of my community I want to thank all the people and entities who supported us in this fight, particularly Pai Oliva who always encouraged us to follow our fight, I thank the Paraguayan media that constantly gave us space and attention, and those who do not want to be mentioned, and the regional office of the IUF, without which we would not have been able to come so far.”

Carlos Amorín

Gerardo Iglesias

© Rel-UITA

July 29, 2004