No Pardon - Young Woman To Serve 30 Years For Miscarriage

[Ichingcarpenter]

Last edited Thu Feb 12, 2015, 03:56 AM - Edit history (1)

With some stories, I'm not sure where to begin, because the news has me stunned and almost speechless. I want to turn away, block it out and find something happy to do, or something else to think about, or write about. But I can't. And so I begin.
Last week, a young woman in El Salvador who goes by the alias name of 'Guadalupe,' had very high hopes, and was all but assured she would receive a pardon from her 30-year sentence. She had already served seven years, starting in her teens. Her alleged crime? Fetal homicide. She miscarried, and was charged with murder.

Her pardon didn't come. Guadalupe's freedom was one vote short. Her fate was determined by a Right-Wing congressional majority of 43-42. I can't write about something like this and not feel like I've been punched in the stomach again and again. Guadalupe represents every woman. This is what happens when abortion is illegal. El Salvador is known to be one of the worst countries in the world for women's reproductive rights.



Last fall, I wrote a Daily Kos diary entailing five horrific American injustices against pregnant women, via a study reported in the New York Times. I must warn it also contains stories, like this, that may be emotionally triggering:
DC Judge Forces Woman To Have Cesarean & She Dies - 5 Shocking Injustices Against Pregnant Women
The battle for reproductive freedom is an ongoing struggle that will most likely continue past our lifetimes. We continue this fight for our daughters, and granddaughters, because our mothers, grandmothers, and pro-choice supporters (male and female) did the same for us. There are many ways we can show our support. Here are 10 large/small pro-choice organizations/Facebook pages you can visit/join now. They offer ways to help and be helped.

http://www.dailykos.com/story/2015/01/19/1358721/-Young-Woman-Serving-30-Years-For-A-Miscarriage-Receives-No-Pardon?detail=email

UPDATE................

Pardon Granted for One of 17 Women Who Miscarried in El Salvador Tuesday, 27 January

http://www.truth-out.org/news/item/28746-el-salvador-pardon-granted-for-one-of-17-women-who-miscarried#

In a surprise about-face, a pardon was granted for Guadalupe, a young Salvadoran woman already in prison for more than seven years on charges of aggravated homicide with respect to the death of the fetus she was carrying. She is one of 17 women currently held behind bars in El Salvador who have been the subject of efforts both in and out of the country to release them. Of all the women held for the crime of murdering their newborns, these 17 were seen to have had sufficient proof of having unintentionally miscarried during their pregnancies and appeared to have had the best chances for official pardons and release from jail.

The pardon, a political maneuver created by supporters that would release these women from prison after all judicial appeals were exhausted, was presented to the country's legislature. As reported in El Salvador daily Contrapunto, members of the country's conservative Arena party abstained from voting rather than be seen voting against the pardon. Only 42 votes were counted in favor, one short of the necessary 43 to constitute a simple majority

[LiberalEsto]

1. This is intolerable

and I fear it can happen here too.

[11 Bravo]

3. I was searching for the right word. You found it.

[Mike Nelson]

2. So sad...

...and their are entire countries who keep their women enslaved (Saudi Arabia).

[AtomicKitten]

4. Outrageous outcome.

This is the world of crazy the fundies want to impose here in the US. The fight for control over women's bodies is as relevant today as it was when we thought it was settled decades ago.

[valerief]

5. This is what our GOP wants for us in the US. nt

[BlancheSplanchnik]

8. Yes! that is the TRUTH.

[SunSeeker]

6. K & R for exposure. nt

[gregcrawford]

7. A thousand clones of Pope Francis...

... could never undo the evil perpetrated by the Catholic Church. Combine the Church's archaic and misogynistic dogma with the diseased and deformed minds of Right-wingers of ANY nationality, and this is the kind of utterly malignant oppression you get. They are so weak of character and consumed with malice and the insatiable craving for dominion over the lives of others that reason and compassion are beyond their comprehension.

"For evil to prevail, it needs only for 'good' people to do nothing."

[truebrit71]

9. Mind. Blown.

Simply staggering...

[blkmusclmachine]

10. This is EXACTLY what the rightwing wants to import into the US.

[countryjake]

11. "Guadalupe" was actually pardoned by the Salvadoran Congress

after the request was resubmitted and the Congress held another vote.

That Daily KOS article was written after the first vote failed to grant Guadalupe's pardon.

This is an incredible victory for the women of El Salvador!

El Salvador pardons woman jailed after birth complications led to death of child Thursday 22 January 2015

http://www.theguardian.com/global-development/2015/jan/22/el-salvador-pardons-woman-guadalupe-stillbirth-miscarriage-anti-abortion-laws

Women’s rights campaigners have welcomed the decision by El Salvador’s Congress to pardon a woman sentenced to 30 years in prison for murder after experiencing complications in pregnancy.

The woman, known as Guadalupe, was originally charged under the country’s harsh abortion laws. She is understood to have given birth to a stillborn baby after being raped. She gave birth at home but was taken to hospital later in the day after heavy bleeding. She was accused of trying to abort the baby. El Salvador is among a handful of countries that forbid abortion under any circumstances.

The domestic worker was later charged with aggravated murder. She has served seven years of her sentence.

Congress’s decision now needs to be ratified by Salvador Sánchez Cerén, El Salvador’s president.

Pardon Granted for One of 17 Women Who Miscarried in El Salvador Tuesday, 27 January

http://www.truth-out.org/news/item/28746-el-salvador-pardon-granted-for-one-of-17-women-who-miscarried#

In a surprise about-face, a pardon was granted for Guadalupe, a young Salvadoran woman already in prison for more than seven years on charges of aggravated homicide with respect to the death of the fetus she was carrying. She is one of 17 women currently held behind bars in El Salvador who have been the subject of efforts both in and out of the country to release them. Of all the women held for the crime of murdering their newborns, these 17 were seen to have had sufficient proof of having unintentionally miscarried during their pregnancies and appeared to have had the best chances for official pardons and release from jail.

The pardon, a political maneuver created by supporters that would release these women from prison after all judicial appeals were exhausted, was presented to the country's legislature. As reported in El Salvador daily Contrapunto, members of the country's conservative Arena party abstained from voting rather than be seen voting against the pardon. Only 42 votes were counted in favor, one short of the necessary 43 to constitute a simple majority.

Deputies belonging to the Farabundo Martí National Liberation Front (FMLN) insisted upon a revote, and on January 21, 2015, the pardon was finally granted. "Ultimately, in the case of the accused Guadalupe . . . there exist legal reasons that justify the favor of granting her a pardon," reads the legislature's statement.

Guadalupe had been previously sentenced to 30 years for the alleged murder of her newborn in 2007, when she was just 18 years old. Already a mother of one, she was in the house where she worked as a domestic employee when she began to hemorrhage and experienced a stillbirth. Her employers brought her to a public hospital still bleeding heavily, where medical personnel reported her to the police.

WGNRR celebrates the pardon approval for Guadalupe! January 23, 2015

http://wgnrr.org/wgnrr-celebrates-the-pardon-approval-for-guadalupe/

WGNRR welcomes with great joy the pardon issued by the Salvadoran Congress for “Guadalupe,” one of the 17 women wrongfully imprisoned for homicide after suffering pregnancy-related complications. The pardon was approved by Congress with 43 votes in favour after both the Human Rights Congressional Committee and Supreme Court Committee resubmitted their recommendation for her release.

This is a ground-breaking event within the framework of Human, Sexual and Reproductive Rights of women in El Salvador, considering that it is one of the countries in Latin America[1] where abortion is criminalized under all circumstances–even when necessary to save a woman’s life—imposing harsh criminal penalties on both women and physicians. The ban has also resulted in the wrongful imprisonment of countless women who have suffered pregnancy-related complications and miscarriages.

Vanessa Coria, Advocacy and Program Manager at WGNRR stated:

“Today, we wake up with our hearts filled with joy and hope! Guadalupe will be free at last and we will keep fighting until the last of the Las17 enjoys this same freedom.”

The Program Manager of WGNRR sent a heartfelt congratulatory message to Agrupación Ciudadana por la Despenalización del Aborto and to all the other organizations and groups that worked together for this cause. She also thanked all of those who expressed their support via social media and to those who participated in the local protests.

In April 2014, a coalition of NGOs including WGNRR, led by Agrupación Ciudadana, launched the “Las17” campaign calling for the release of “Guadalupe” and 16 other Salvadoran women who all suffered obstetric emergencies and were later convicted of homicide. “Las 17” are each currently serving 30 to 40 year sentences.

[CaliforniaPeggy]

12. Please post this as its own post. Otherwise many folks might not know the good news!

Very important.

[countryjake]

13. I'll leave that to Ichingcarpenter...this existing thread is a very good one...

and already has many recs for visibility, so all it needs is the Update to demonstrate what a battle this has been and how hard even one small victory can be.

El Salvador still holds 16 other innocent women in prison, so it needs to be seen that the country has a long row to hoe before Women's Rights can be won there.


(none of the threads I've ever posted have gotten much attention anyway and normally drop like a stone, but Iching's topics usually are read, so this is the best place for the good news.)

[Jefferson23]

14. Excellent..thank you for posting. n/t

[countryjake]

15. Yes, it's incredible news for every single one of us & especially for Las 17.

Free The El Salvador 17- Las 17

http://reproductiverights.org/free-the-el-salvador-17

Update: Terrific news! On January 21, El Salvador approved a pardon for one of Las 17, Guadalupe, who was sentenced to 30 years in prison after having a miscarriage. Because of the hard work of activists in El Salvador, and supporters like you around the world, Guadalupe is free. Now, let’s keep fighting for the release of the rest of Las 17!

With one of the world’s most inhumane abortion laws, El Salvador prevents women from receiving an abortion under any circumstance—not in cases of rape or incest, not even to save her life. Dozens of women have been criminalized and imprisoned under this draconian law—even in cases of miscarriage, stillbirth and other pregnancy-related health emergencies.

Since El Salvador completely banned abortion in 1999, 17 women have been put behind bars for pregnancies that ended due to natural causes. All of them were sentenced with up to 40 years in prison—their legal and human rights flagrantly disregarded by the Salvadoran government.



Please lend your support to help restore the liberty and dignity every woman deserves to Las 17. Take action today to bring them home for the holidays.

Sign the Petition

Tell Secretary of State John Kerry to call on El Salvador to free the 17. Sign the Petition

[Jefferson23]

16. Done and thanks again.

[smirkymonkey]

17. K&R!

Unbelievable. This is what the Christian right would like to see happen in this country.

[Omaha Steve]

18. Thanks for posting

K&R!

[niyad]

19. barbaric

[countryjake]

20. Guadalupe should have never been jailed in the first place.

"With this decision, El Salvador has undone a terrible injustice. Guadalupe should have never been jailed in the first place. This release is a triumph of justice and a result of the tireless work by local human rights activists." ~ Erika Guevara-Rosas, Americas Director at Amnesty International

El Salvador must release women imprisoned after pregnancy related complications
http://www.amnesty.org/en/news/el-salvador-must-release-women-imprisoned-after-pregnancy-related-complications-2015-01-15

“El Salvador has the opportunity to take a first step to repair the injustice done against these 17 women. All of them should be released immediately. The government must also put an end to the outdated and oppressive ban on abortion, as well as to protect women and girls against violence and discrimination,” said Erika Guevara-Rosas.

El Salvador: Total ban on abortion is killing women and girls and condemning others to decades behind bars
http://www.amnesty.org/en/news/el-salvador-total-ban-abortion-killing-women-and-girls-and-condemning-others-decades-behind-bar

The government’s repressive and outdated total ban on abortion is blighting the lives of women and girls in El Salvador, pushing them to unsafe, clandestine abortions or forcing them through dangerous pregnancies, Amnesty International said today. Those terminating their pregnancies could face years in prison.

Amnesty International’s recent report, On the brink of death: Violence against women and the abortion ban in El Salvador, charts how the country’s restrictive law results in the deaths of hundreds of women and girls who seek clandestine abortions. The criminalization of the practice has also resulted in those suspected of undertaking an abortion facing long prison sentences.

“The horrific repression that women and girls in El Salvador face is truly shocking and akin to torture. They are denied their fundamental right to make decisions about their own bodies and are severely punished if they dare to do so,” said Salil Shetty, Secretary General of Amnesty International, who launched the report in San Salvador today.

“Shockingly, the ban extends even to cases where the life of the pregnant woman is at risk, meaning those too ill to safely carry a pregnancy to term face an impossible choice: trapped between potential jail if they have an abortion or a death sentence if they do nothing.”

https://campaigns.amnesty.org/campaigns/my-body-my-rights%20