Oscar López Rivera is a Puerto Rican Nationalist who was convicted and sentenced to 70 years in prison for seditious conspiracy and various other offenses.[1] He was among the 16 Puerto Rican nationalists offered conditional clemency by U.S. President Bill Clinton in 1999, but he rejected the offer. His sister, Zenaida Lopez, said he refused the offer because on parole, he would be in "prison outside prison."[1][2]
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Oscar López Rivera was born in San Sebastián, Puerto Rico on January 6, 1943. His family moved to the U.S. when he was nine years old. At the age of 14, he moved to Chicago to live with a sister. At age 18 he was drafted into the army and served in Viet Nam and awarded the Bronze Star. When he returned to Illinois from the war in 1967, he found that drugs, unemployment, housing, health care and education in the Puerto Rican community had reached dire levels and set to work in community organizations to improve the quality of life for his people.[3]
He was a well-respected community activist and an independence leader for many years prior to his arrest.[4] Oscar worked in the creation of both the Puerto Rican High School and the Puerto Rican Cultural Center. He was also involved in the struggle for bilingual education in public schools and to force universities to actively recruit Latino students, staff, and faculty. He worked on ending discrimination in public utilities like Illinois Bell, People's Gas, and Commonwealth Edison.[3]
Oscar was one of the founders of the Rafael Cancel Miranda High School, now known as the Dr. Pedro Albizu Campos High School and the Juan Antonio Corretjer Puerto Rican Cultural Center. He was a community organizer for the Northwest Community Organization (NCO), ASSPA, ASPIRA and the 1st Congregational Church of Chicago. He helped to found FREE, a half-way house for convicted drug addicts, and ALAS, an educational program for Latino prisoners at Stateville Prison in Illinois.[5]
The U.S. Government describes Lopez Rivera as one of the leaders of the Fuerzas Armadas de Liberación Nacional (FALN), a Puerto Rican Nationalist group linked to more than 100 bombings and five deaths in the 1970s. Lopez Rivera will neither confirm nor deny his affiliation with the FALN and disowns any personal involvement in the bombing deaths.[6]
At his trial 1980-81, Lopez and the other Chicago-based FALN comrades were not tied to specific bombings. Instead, he was convicted of seditious conspiracy ("attempt to overthrow the government of the United States in Puerto Rico by force"), armed robbery, and lesser offenses.[7] Declaring his status as a prisoner of war, he refused to participate in the proceedings.[6]
None of the bombings of which they were convicted resulted in deaths or injuries.[8] Lopez Rivera was given a 70-year federal sentence for seditious conspiracy and other charges.[9] Among the other convicted Puerto Rican nationalists there were sentences of as long as 90 years in Federal prisons for offenses including sedition, possession of unregistered firearms, interstate transportation of a stolen vehicle, interference with interstate commerce by violence and interstate transportation of firearms with intent to commit a crime.[8] None of those granted clemency were convicted in any of the actual bombings. Rather, they had been convicted on a variety of charges ranging from bomb making and conspiracy to armed robbery and firearms violations.[10] They were all convicted for sedition, the act of attempting to overthrow the Government of the United States in Puerto Rico by force.[9][11]
There were reports of human rights violations against the FALN prisoners. The prisoners were placed in prisons far from their families, some were sexually assaulted by prison personnel, some were denied adequate medical attention, and others were kept in isolated underground prison cells for no reason. Amnesty International and the House of Representatives' Subcommittee on Courts, Intellectual Property and the Administration of Justice both criticized the conditions. The conditions were found to be in violation of the U.N. Standard Minimum Rules for the Treatment of Prisoners.[3] A federal judge also addressed his concerns in the case of Baraldine vs. Meese.
In 1988, he was convicted of conspiracy to escape and given an additional 15 years.[12] After spending twelve years in maximum security prisons in Marion, Illinois and Florence, Colorado, under conditions described as oppressive,[3] in 1998,[13] he was transferred to the general prison population at the federal correctional facility in Terre Haute, Indiana, where he remains today. In 2006, the United Nations called for the release of the remaining Puerto Rican political prisoners in United States prisons.[14]
At the time of their arrest Lopez Rivera and the others declared themselves to be combatants in an anti-colonial war against the United States to liberate Puerto Rico from U.S. domination and invoked prisoner of war status. They argued that the U.S. courts did not have jurisdiction to try them as criminals and petitioned for their cases to be handed over to an international court that would determine their status. The U.S. Government, however, did not recognize their request.[3][15]
According to president Bill Clinton, the sentences received by Lopez Rivera and the other Nationalists were judged to be "out of proportion to the nationalists' offenses."[8] U.S. Government statistics showed their sentences were almost 20 times greater than sentences for similar offenses by the American population at large.[3][16]
For many years, numerous national and international organizations criticized Lopez Rivera' incarceration categorizing it as political imprisonment. [17][18] Cases involving the release of other Puerto Rican Nationalist prisoners have been categorized as cases of political prisoners, with some [19][20][21][22] being more vocal than others.[23][24][25]
Supporters of Lopez Rivera have accused the U.S. Federal Bureau of Prisons of isolating Lopez Rivera on the basis of his political beliefs.[26] For more than half of his 22 years in prison, Lopez Rivera has been held in solitary confinement in maximum security prisons in the United States.[6] Lopez's release date is scheduled for June 26, 2023.[27]
Lopez Rivera was denied parole in February 2011.[28]
On August 11, 1999, President Bill Clinton extended an offer of clemency to 14 of the Puerto Rican political prisoners convicted on February 18, 1981. Lopez Rivera refused the clemency offer.[29] Twelve accepted the offers and were subsequently released.[30] The twelve were: