Interview with Sandra Coliver (5/26/05)
New Tactics: How did CJA begin using this tactic?
Sandy Coliver: The Center for Constitutional Rights (CCR) first employed this tactic in 1979 with the Filartiga case, which involved a Paraguayan citizen, Dolly Filartiga, who moved to the U.S. after her brother was tortured and killed by Peña, a Paraguayan police chief. This was the first ATCA human rights case, and since then CCR has been involved in nearly a dozen ATCA lawsuits. Given the sheer number of potential ATCA cases, CJA was formed to specifically take advantage of this tactic. It is important to note that most of the CCR cases involved defendants who were visiting the US, whereas CJA works primarily with individuals residing here. In addition, CJA seeks to collect assets from abusers, as well as systematically prosecute them.
What challenges do you face in carrying out this work?
Working with our plaintiffs can be challenging. They are often severely traumatized people, and it is very difficult for them to tell their stories. Furthermore, CJA has devoted more resources to publicize the broader message of accountability for these abuses.
What is your role in CJA’s work?
Generally speaking, I work to promote CJA’s visibility and availability to take on these cases. I am the point of contact for many of our plaintiffs. I also work to support clients in getting treatment and services from local organizations.
What do you find most exciting about your work?
The clients. They are very impressive people. They are not characterized by their survival of atrocities, rather, the fact that they have found meaning in this. The memory of those who did not survive motivates them to deter future atrocities. It’s striking that this motivation is not personal reparation or vengeance. These cases attract certain individuals who are forward looking; they recognize that they’re dedicated to building the future of their countries by addressing past abuses. I also appreciate the diversity of ways in which they articulate their motivation, as the experience of retelling abuse is traumatizing. With this emotion comes the strength and dedication for which CJA stands.
I also enjoy working with our staff. They are young, bright, individuals who possess a lot of compassion and understanding of these situations. They address these issues with direct, strategic and systemic impact.
Have you seen this tactic used in other ways, in other parts of the world?
Yes, this tactic has been used with limited success in the United Kingdom, France, Belgium and the Netherlands.
- United Kingdom – A few cases have been tried unsuccessfully - because of immunity laws. But there are some new cases that may change that.
- France/Belgium – Cases in these countries primarily employ criminal, rather than civil, prosecution. This is complementary to the work of CJA. In most cases, the objective and international laws are the same, as well as and the opportunity to work directly with and provide advocacy for plaintiffs.
- Netherlands – We have seen success in the Netherlands, where they have the necessary ingredients: 1) perpetrators have settled there; and 2) attorneys can prosecute them with criminal litigation. NGOs are also able to work actively with survivors to provide a platform for public dialogue.
How has New Tactics helped your work?
At the West Group Regional Training Workshop, I was impressed with the work of Liz Sevcenko of the International Coalition of Historical Sites of Conscience. Since learning more about this work, several of our clients became very interested in using this. In fact, a survivor in San Francisco started a program to create a site of conscience around oral history and torture. Such sites and museums complement our work well, as they 1) encourage survivors to tell their stories; and 2) educate the broader public regarding abuses the role of US government in harboring abusers.
[Read a tactical notebook on sites of conscience]
[View a presentation on sites of conscience]
What are you working on now?
We are presently working on three major cases – you can access detailed information about them on our website: www.cja.org.
The first involves Col. Carranza, former Vice-Minister of Defense of El Salvador, in which eight plaintiffs are seeking justice for 6 deaths. Carranza is a US citizen and he may have had a working relationship with US gov’t, possibly the CIA. This case will go to the heart of two questions: 1.) How do these people get here? and 2) Why do we need this civil litigation? Visit our website for more information.
http://www.cja.org/cases/carranza.shtml
Another involves Toto Constant, leader of revolutionary front in Haiti who has resided in the US since 1994. Three female clients are seeking reparation for his involvement in and responsibility for politically motivated rape.
http://www.cja.org/cases/Constant.shtml
A third involves crimes against humanity committed by a Somali Former Prime Minister and Colonel.
http://www.cja.org/cases/Ali%20Samantar.shtml
http://www.cja.org/cases/Ali%20Samantar.shtml
For each case, I encourage users to look at the FAQs link as well as the text on the home page of each case.
[end of interview]
About Sandra Coliver
Sandy is the Executive Director of the Center for Justice and Accountability (CJA), based in San Francisco. She has worked in the human rights field since holding a Ford Foundation fellowship with Amnesty International USA in 1979. Sandra was one of the founding members of AIUSA’s Legal Support Network and a member of AIUSA’s Board of Directors from 1992 to 1996; a founding board member of Human Rights Advocates; and the Founding Chair of the International Human Rights Committee of the Bar Association of San Francisco (1984-1990, 2002-present). She clerked for the Ninth Circuit Court of Appeals and was in private practice for several years in San Francisco, specializing in criminal, constitutional, and international law.
About the Center for Justice and Accountability (CJA)
CJA has pioneered an integrated approach to the quest for justice that combines legal representation with referrals for medical and psychosocial services, and with outreach to schools, community organizations, and the general public. CJA currently represents more than 40 survivors from countries including Bosnia, Chile, China, East Timor, El Salvador, Haiti, Honduras, Somalia, and one Asian and one Middle-Eastern country (the specific countries must remain confidential until the cases are filed). CJA was established in San Francisco in January 1998. Its creation was inspired by legal and psychological work with victims of torture and other grave human rights abuses. The need for justice consistently emerges as an integral component of a victim’s healing process, and becomes particularly acute when the victim’s abuser enjoys impunity in the same country where the victim has sought refuge. CJA was established to respond to the need for justice by combining victim outreach and rehabilitation with legal advocacy and representation.
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