Jacob Ostreicher, an American businessman imprisoned without formal charges for over 18 months in Bolivia, is finally out of prison on bail, following a hearing today in Bolivia, said Congressman Chris Smith (NJ-04) and Congresswoman Nydia Velazquez (NY-12), who returned from a bipartisan congressional delegation to Bolivia on Dec. 9 to meet with Ostreicher.
No evidence of any wrongdoing was ever presented in the case. While welcoming this first positive development in Jacob’s case, Smith expressed outrage that the process has dragged on for so long and Jacob and his family have had to endure so much suffering to simply get bail. Jacob has been left weak and frail from his ordeal, developing symptoms of Parkinson disease for which he is being treated. He has lost the entirety of the rice farming business he operated.
“The Bolivian Government has taken positive steps, particularly by arresting government officials who were committing extortion against Jacob as well as a number of Bolivians,” said Smith, chairman of a U.S. congressional subcommittee that oversees international human rights. “But this is only the beginning of the end. Jacob has incurred permanent damage to his health and has lost over 18 precious months of his life with his wife, children and grandchildren. In addition, his life remains at risk every day that he remains in Bolivia, due to credible death threats against him. I urgently call on the Bolivian judicial system to act swiftly to completely exonerate Jacob of the baseless accusations against him and grant him his freedom. And I hope the Bolivian Government continues to follow through on the investigation of and charges against the real criminals in this case, so that other innocent persons do not have to suffer or continue to endure the same fate.”
“While a welcome step, granting Jacob bail is long overdue,” said Velázquez. “In the immediate term, given the health and personal safety issues, it is critical Jacob remain out of prison. Going forward Jacob deserves the opportunity to clear his name. He should receive either an immediate, fair trial or, failing that, be released to his family.”
The case has put an international spotlight on the many severe injustices of Bolivia’s legal system. Actor Sean Penn, who has also supported Ostreicher, attended a hearing in Santa Cruz last week. Smith has held two congressional hearings on the case, and first met with Ostreicher during a trip to Bolivia in June.
During the June visit, Smith met with the Bolivian Minister of Government, Carlos Romero, to detail Ostreicher’s ordeal, including repeated court delays and complete lack of evidence against him. Romero told Smith he would investigate Jacob’s case. In past weeks, 10 people involved in the case have been arrested on charges of corruption, including the legal adviser to the Ministry of Government, Fernando Rivera, who Smith personally observed interfering in court proceedings. Bolivian media recently reported that Romero stated he first became interested in the case as a result of his meeting with Smith.
Earlier this month, Smith and Velazquez met with Romero, as well as separately with Jacob, his lawyers, Acting Foreign Minister Elmer Catarina, Vice Foreign Minister Alfredo Rada, Vice Minister of Interior Affairs Jorge Perez and Attorney General Ramiro José Guerrero.
In August of 2012, Smith held a second hearing on Ostreicher’s case entitled “Seeking Freedom for American Trapped in Bolivian Prison.” Chairman Smith also introduced “Jacob’s Law” (H.R. 6292), based on Smith’s prior legislation. The bill would prohibit the travel of foreign officials and their families’ to the United States if those officials are known to be complicit in the violation of fundamental human and due process rights of Americans imprisoned in their home country.
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