Roi Tov Declared Political Prisoner of Bolivia
On Bolivian Bad Faith, Vicious Violence, and Easy Bribing
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My political persecution by several organizations is by now widely known. Speaking against Zionists doesn’t assure longevity; doing that with insider knowledge is a death sentence. From time to time I publish updates on my personal situation and since yesterday – July 28, 2011 – I was declared a political prisoner in Bolivia, it is time for a short update.
A few months ago, one of my American readers and supporters made contact with a prominent human rights lawyer in the USA. Since then, he made restless efforts to help me. On July 20, things got complicated when Bolivia decided to refuse giving me the legal documents I deserve as result of the Bolivian government decision to give me refuge in 2005 (see picture below). It means I cannot neither travel nor perform formal activities in a country that demands ID cards for almost everything. This action is illegal; I’ll return to it by the end of this article. First I want to share the latest email from my lawyer (his identity and a few other details are not brought here):
“Roi, have a look at this report of what a UN torture investigation agency is doing for a US soldier in solitary confinement here:
“The United Nations is investigating a complaint on behalf of Bradley Manning that he is being mistreated while held since May in US Marine Corps custody pending trial. The army private is charged with the unauthorized use and disclosure of classified information, material related to the WikiLeaks, and faces a court martial sometime in 2011.
“The office of Manfred Nowak, special rapporteur on torture based in Geneva, received the complaint from a Manning supporter; his office confirmed that it was being looked into. Manning's supporters say that he is in solitary confinement for 23 hours a day; this could be construed as a form of torture. This month visitors reported that his mental and physical health was deteriorating.
“I would make sense to make a similar complaint to the UN about your Bolivia treatment. I was unaware that the UN investigated individual human rights cases. The one above concerns solitary confinement in a US prison… The fact that the UN is helping 1 man does not mean they will help all…
“I am sorry but the first thing students are taught in law school is that in case law there is no right answer. There is no grand legal scheme of protection in a case like yours. Bolivia is notorious for drug trafficking and all manner or related crimes and human rights denials. You say officials and citizens do anything for bribes, etc. You should not be surprised when such crimes affect a case like yours.
“The reality is many variables will enter almost any legal decision in even rich countries. Your case is as tough as they get since you are being denied any legal recognition whatever. This is what happens when fascist states seek to 'disappear' any opposition. I assumed this has been clear enough to you in your case for years. I have yet to see where Bolivia has or will offer you any rights at all. That is why you should leave.
“The asserted facts and law of your case, as best I can see from here …, is that you are lawfully in a country that offered you refugee status in 2005 under the 1951 Geneva Conventions. The host nation apparently assumes that you have your documents or lost them through no, fault of the government, therefore places the burden on you to produce them or lose refugee rights. You allege the documents were stolen. The government refuses to investigate the allegations. Unless you get a Bolivia court to order someone to investigate, you have no rights in this case v Bolivia. From what you have said there is no way a Bolivia court will help you. At the least you would need a Bolivia lawyer. Apparently none is available. Again, you have no means to make a legal case unless you can represent yourself. I am not sure that is possible under local law.
“In my judgment you are therefore a political prisoner. There is no Bolivian statute of being a Bolivia political prisoner, nor an international one. All of the major issues for you are not legal but political. The government knows you cannot achieve the legal refugee standard. It refuses any help on your claims of any kind. This is politics, not law. They have made you invisible to the law by refusing to recognize the most basic rights to what Americans call due process and equal protection of the law. … It is a constitution that grants basic rights that that a government cannot deny anyone. In a civilized nation you could go to a court and ask for those rights to be recognized, and build a case for help with stolen refugee papers based on those rights. That does not appear to be possible in Bolivia.
“I am not clear if you ever discussed this case with a Bolivian lawyer. I assume no. Maybe the government would respond to that. As for the international criminal court, I was clear that it is almost impossible to get them to address a case affecting just one person. They usually are more concerned with mass murderers, like those who committed genocide in the former Yugoslavia in the 1980s, and in Uganda after that. You could write to the prosecutor and tell him-her your facts. I am quite sure there is email contact possible through their website, which you can google, but contacting this court will probably be totally ineffective, though it does have jurisdiction over Bolivia and you.
“The bottom line in your case is that you live in a lawless country. There is no real law or justice there. It was bought long ago by drug lords, politicians working for rival political factions (usually big businesses seeking to exploit natural resources and land) and maybe even the church. You are in one of the world's worst possible countries for a lawyer to make a human rights case. No one in power there cares about human rights, not even the church. You must use self help. Your survival as I see it is mostly up to you. Not one inquiry I made for you led to substantive help. I made many, many inquiries.
“I am completely unaware of any law of hunger strikes anywhere in the word. I was surprised Bolivia law apparently accounts for them and they are 'legal' there. I cannot answer legal questions on strikes. I do not recommend a strike in your case. I recommend immediate relocation, preferably to a western nation like Norway, Canada or the US, as hard or 'impossible' as this may seem. You have got to find a way out.”
The situation is pretty clear. Bolivia denies me document basing itself on Article 36 of the Supreme Decree (Bolivia works mainly through presidential supreme decrees). It states I need to rent or own a room in order to get a local document. There are very serious reasons for me not renting a room and living in guesthouses, moving around as often as needed.
Article 36 of the Bolivian supreme decree on refugees violates the Universal Declaration of Human Rights:
I see myself free to begin a hunger strike at any moment and without any further notice in front of the Foreign Affairs Ministry in Plaza Murillo; La Paz central plaza. I have no valid documents, except for Bolivian government decision 461/2005. If I cross the border out, I’ll be at the mercy of the Argentinean drug lords, or the Peruvian ones. I won’t be even allowed to sleep in a guesthouse. All the surrounding countries are human rights hell-spots, as often commented upon in this website and other sources.
This text was adapted from The Cross of Bethlehem II: Back in Bethlehem.
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