How to apply justice to those who despise it | Cómo aplicar la justicia a quienes la desprecian

By Enrique Velazco, Vision 360:

Perhaps it is not much for those who earn Bs 45,000 per month, but if instead of 100 lawsuits, 1,000 or more legal cases are initiated against them, it is very likely they would not be very inclined to repeat the attempt in the future.

Walter Guevara (“How to End Road Blockades,” Visión 360) states that the government “will win the battle if it manages to control the financing that encourages road blockades… and they will earn our respect if they identify and arrest the leadership core who are the main responsible parties for the blockades.” He concludes that “those affected by the blockades can help facilitate that difficult task. It is enough that we go out to streets and roads to support our police and military massively and peacefully.”

I share Walter’s indignation regarding the damage that “the small leadership group that plans, organizes, and finances blockades… which includes experienced political strategists and financiers with very deep pockets” is causing to the entire country, but who “never appear on the ground.”

However, precisely because the culprits never appear on the ground, accompanying the security forces in lifting blockades would confront us with people used by the leadership as mere cannon fodder, and would complicate the tasks of the police and armed forces, who would then have the additional responsibility of protecting their civilian companions—well-intentioned volunteers, but unprepared to handle violent confrontations.

Those from whom we must demand compensation and punishment for causing the damage are the leaders who promoted, encouraged, or imposed the blockades and violence against the population.

The practical and direct way to do this is to initiate legal actions for damages individually against each of the leaders of the organizations that call for blockades, and against those individuals who may be identified in acts of violence carried out to enforce them.

For example, a news report that appears while I am writing this note states that more than 20,000 trucks are trapped on the roads; many drivers suffer from pneumonia and require medical attention, face major losses, additional costs and fines, as well as physical and emotional harm due to lack of food, family separation, etc. In general, thousands of people, productive and commercial companies, and even small farmers in Mecapaca, to give one example, have suffered multiple losses due to market and supply disruptions. In sum, different sources estimate economic damage of around 2.5 billion dollars nationwide, in addition to at least a dozen deaths that no amount of money can reverse.

Specifically, between La Paz and El Alto, about 60,000 public transport drivers are affected by loss of daily income for family subsistence, and more than 50,000 people would have lost their jobs. But Mario Argollo will not lose a single cent of his Bs 45,000 monthly salary (plus the “cards and aces” he may be receiving from those who finance these movements).

Ordinary people do not have the conditions or resources to seek justice on their own. Professionals, law faculties, and the National Academy of Legal Sciences, as a service to society, should analyze scenarios and formulate legal strategies so that every driver, company, or in general any natural or legal person affected—including communities such as those in Río Abajo—can file individualized legal actions against the leaders of the COB, Túpac Katari, Chapare, Interculturales, etc., seeking full compensation for damages caused, plus penalties and court costs.

The idea is that the damages were caused both by the people who blocked ambulances or fuel transport, and by the leaders who ordered those actions; only those who explicitly recorded disagreement when the decisions were made could be exempted from responsibility.

With this approach, the goal would be that from now on, no leadership in social organizations hides its political interests or tries to evade responsibility for the consequences of its actions under the worn-out discourse of “mandate of the base”: if the base is the one that commands, then leaders are reduced to opportunists who only protect their privileges, which makes them even more guilty.

The purpose of the proposed actions is to ensure that responsibility for reparations for the damage to thousands (millions) of affected people falls on the leaders.

To illustrate the process, if only 100 “trufistas” in La Paz were to file individual lawsuits against 10 leaders of the COB, Túpac or other organizations, and eventually reach settlement agreements in which each leader agrees to compensate Bs 600 per week of damage, each trufista would receive Bs 36,000 if the blockades end this weekend (Bs 3,600 from each leader over six weeks of blockade); but for the 100 trufistas in total, each leader would have to “pay out” Bs 360,000, plus legal costs.

Perhaps it is not much for those who earn Bs 45,000 per month, but if instead of 100 lawsuits, 1,000 or more cases are initiated, it is very likely they would not be very inclined to repeat the attempt in the future.

Will the justice administration be up to the challenge? It is very likely that there would be cases where leaders would be protected; but if professionals, the legal academy, and universities develop a solid legal framework regarding the relationships and shared responsibilities that are recognized worldwide between those who commit crimes and those who order or commission them, citizens would have the basic tools of judgment needed to apply social pressure that would force justice, from now on, to recover its place within institutional order.

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