Argentina: Peaceful protestor detained, on hunger strike: Milagro Sala
Community leader Milagro Sala has been detained since 16 January for peacefully protesting in Belgrano Plaza in San Salvador de Jujuy, a city in northwest Argentina.
UA: 13/16 Index: AMR 13/3236/2016 Argentina Date: 19 January 2016
URGENT ACTION
PEACEFUL PROTESTOR DETAINED, ON HUNGER STRIKE
Community leader Milagro Sala has been detained since 16 January for peacefully
protesting in Belgrano Plaza in San Salvador de Jujuy, a city in northwest Argentina.
Since 13 December the Tupac Amaru organization and other co-operatives (forming part of the Network of Social
Organizations) have been protesting in front of the offices of Jujuy province’s Executive Power, demanding that the
governor grant them an interview. On 14 December, Governor Gerardo Morales accused community leader
Milagro Sala, who had been participating in the protest, of the “instigation to commit crimes and disturbances”.
Milagro Sala was then detained on 16 January.
Milagro Sala was accused of crimes under Articles 209 and 230, Section 2 of the Penal Code. Article 209
establishes a sentence of two to six years for whomever “publicly instigates to commit a crime against a person or
institution”. The authorities argue that she is the leader behind “illegally” occupying a public space and restricting
the flow of traffic. Article 230 determines a punishment of four years in jail for those who, in accordance with
Section 2, “publically rise up to block the execution of national laws, provincial laws, or the resolutions of public
officials”. The authorities argue that the protest is illegal because it impedes free movement of people and vehicles.
Amnesty International has had access to the arrest warrant and considers that Milagro Sala is being criminalized
for peacefully exercising her rights to freedom of expression and protest. Additionally, she is accused of not
respecting a recently-implemented regularization plan for co-operatives; however, Milagro Sala does not formally
hold a post in any co-operative or in the Tupac Amaru organization, and therefore cannot be held accountable for
this or any other alleged violation committed by these organizations.
On 17 January Tupac Amaru’s lawyers presented a habeas corpus appeal in order to free Milagro Sala from pre-
trial detention, which was rejected. Since being detained, Milagro Sala has begun a dry hunger strike. The State
Prosecutor of the Province, Mariano Miranda, publicly confirmed that “while the crime continues to be committed,
i.e. protesting and camping in the square, she will remain in detention”. Governor Morales has publicly announced
to the media that he considers the protest to be “destabilizing”. On 17 January, a judge ordered the removal of the
protestors from Plaza Belgrano, stating that the authorities should “use any means necessary” to end the protest.
Please write immediately in English or your own language:
Calling on the authorities to ensure the physical safety of Milagro Sala and order her immediate release;
Urging them to end unjust persecution of Milagro Sala and other social organizations;
Calling on the provincial authorities to grant an interview with social organizations to facilitate open dialogue;
Urging them to avoid using criminal law to intimidate, threaten and silence the claims of social organizations.
PLEASE SEND APPEALS BEFORE 1 MARCH 2016 TO:
Governor of Jujuy Province
Gerardo Morales
Gral. San Martín 450, 4600 San
Salvador de Jujuy, Jujuy, Argentina
Tel/Fax +54 (0388) 4239400
Email: gobernacion@jujuy.gov.ar
Twitter: @moralesgerardo1
Salutation: Dear Governor/ Sr.
Gobernador
State Prosecutor
Mariano Miranda
Fiscalía de Estado de la Provincia de
Jujuy
Gral. San Martin 450, 4600, San
Salvador de Jujuy, Jujuy, Arengtina
Tel/Fax +54 (0388) 4239400
Twitter: @mgmmiranda
Salutation: Dear Prosecutor/ Sr. Fiscal
Prosecutor
Liliana Fernández de Montiel
Email: lbfernandez@justiciajujuy.gov.ar
Salutation: Dear Prosecutor/ Sra.
Fiscal
And copies to:
AI Argentina
Email: contacto@amnistia.org.ar
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
NameAddress 1Address 2Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
PEACEFUL PROTESTOR DETAINED, ON HUNGER STRIKE
ADDITIONAL INFORMATION
When Gerardo Morales took office as the Governor of Jujuy Province in October 2015, he announced the implementation of a
new plan to re-register co-operatives, arguing that he sought transparency in the movement of state funds. With this
announcement, the Network of Social Organizations of Jujuy requested a meeting with the new governor on two occasions, 24
and 30 November, to initiate a dialogue about the implementation of this regularization plan.
Facing silence from the authorities, on 14 December the Network mobilized in Belgrano Plaza in San Salvador, in front of the
provincial governor’s house, in a peaceful protest demanding the opening of a roundtable discussion between executive
provincial power and social organizations. This day marked the beginning of protests and camping in the square that resulted in
Milagro Sala’s criminalization.
International Human Rights Law establishes that protests and social mobilizations are manifestations of the rights to freedom of
expression, association, and assembly. Under certain circumstances they constitute the only way that vulnerable or excluded
groups can make themselves heard and express their opinion. The use of criminal law to silence the claims of society implicates
the State’s international responsibility.
Name: Milagro Sala
Gender m/f: f
UA: 13/16 Index: AMR 13/3236/2016 Issue Date: 19 January 2016