Update on the Padilla case

Since March, the Padilla family has been through further ups and downs as they continue their fight for justice against the violence and corruption of Nicaraguan coffee barons Jose Esteban McEwan and Victor Yanovich.

On March 24, Jose Esteban McEwan was found "not guilty" of property damages against the Padilla family that occurred last September. This was an appeal of an earlier decision, which you can read about below in "Setback for Vicente." In the previous trial, Matagalpa policeman Rafael Garcia recanted his earlier testimony and testified that he had seen no damage to the Padilla family's land. At the prosecution's urging Judge Maribel Parilla visited the Padilla farm and reluctantly agreed that damage had occurred. However, the Judge found McEwan "not guilty" anyway.

The March 24 appeal proved little different. Matagalpa District Judge Frank Rodriguez entered and read a prepared ruling absolving McEwan of any wrongdoing. This is not too suprising, given that a few days earlier a press conference was held at CENIDH (Nicaraguan Center for Human Rights) denouncing Judge Rodriguez's connections with defendant Jose Esteban McEwan. McEwan's defense attorney, Alvaro Jose Ruiz Cerras, serves as Judge Rodriguez's auxiliary judge.

In April, a Nicaraguan human rights activist who has been an active supporter of Vicente Padilla's case received a threatening phone call from Managua law firm Taboada and Associates urging him to cease his involvement in the case. Taboada and Associates has also sent threatening letters to various Nicaraguan and US human rights activists. However, their actions have only resulted in strenghtening resolve to keep fighting for justice for the Padilla family.

Also in April, McEwan's private armed guards visited the farm twice to threaten and harass the family. Though Vicente has make formal accusations against McEwan for these actions at the San Ramon police station, he has found the police uncooperative and unwilling to take on McEwan.

Vicente has told us that he fears that one of these encounters could result in the loss of his life but he continues his nonviolent struggle with great courage.

There have also been many exciting positive developments in the case:

The Padilla´s civil court case to determine final ownership of the land has been incorporated into a much larger suit on behalf of the indigenous people of the area. As a member of the Matagalpa indigenous community, Vicente identifies with their quest for historical justice. More information on the history of land tenure among the Matagalpa indigenous community will be posted later.

Vicente Padilla and his supporters in Managua have had many positive meetings with Nicaraguan government and human rights officials in an attempt to call attention to his plight and accumulate support.

In May, supporters met with Sixto Ulloa, head of citizen participation at the Nicaragua Human Rights Ombudsman, to discuss the involvement of Nicaraguan human rights organizations in the Padilla case and urge further action on the part of the office of the Human Rights Ombudsman. Currently the Human Rights Ombudsman is investigating allegations of police brutality against Vicente and his sons as well as complaints about child labor at McEwan's Santa Emilia Estates.

Vicente also met with Padre Miguel d'Escoto, the former Nicaraguan foreign minister who is an influential moral voice in Nicaraguan politics. Padre Miguel listened to Vicente's story and offered to do what he can to help.

Solidarity around the Padilla family continues to grow around the world. More and more people are becoming involved in the case in Nicaragua and in the United States, where State Street Coffee, which owns 80 percent of McEwan's Santa Emilia Estates, is based.