English PEN Modern Literature Festival April 2nd 2016
www.theenemiesproject.com/englishpen
I'll be writing in support of Nelson Aguilera.
Writer, teacher and member of PEN Paraguay, Nelson Aguilera was sentenced to 30 months in
prison for alleged plagiarism on 4 November 2013. His conviction is currently the subject of an
appeal to the Supreme Court of Justice but, according to Aguilera, his appeal was at a standstill as of 21 August 2015.
Aguilera is alleged to have plagiarised Maria Eugenia Garay Zucolillo’s 2005 novel El túnel del tiempo (The Tunnel of Time) in the second in the series of his children’s novels Karumbita:La patriota (Karumbita: The Patriot) published in 2010. Independent experts and writers have found that the similarities in the two works cannot be described as plagiarism. PEN believes Aguilera’s sentence to be unjust and calls on the Paraguayan authorities to quash his conviction without further delay. Karumbita: La patriota tells the story of Paraguayan independence through the time-travelling adventures of two children, Anahí and Manuel, and a magical turtle, Karumbita. In the story, Karumbita dreams that she builds a time machine with the children allowing them to participate in Paraguay’s struggle for independence in May 1811. In the dream the characters meet several figures of historical significance. Garay’s novel El túnel del tiempo tells the story of two children, Jerónimo and Rodrigo, who – along with their grandfather, the wizard Paracelsus and Albert Einstein, among others – journey through time, witnessing the various key points in the life of man, meeting various mythological and historical characters along the way. One of their stops is the Paraguayan declaration of independence.
At least six independent experts and writers have provided separate detailed written analyses of both Aguilera and Garay’s works and found that the similarities in them cannot be described as plagiarism. They argue that while both texts feature similar thematic elements, such as time travel, and significant dates in Paraguayan history, the manner in which they are used is significantly different. The analyses show that the literary styles, structure and argument of the works differ significantly and that Aguilera has not lifted any sentences or paragraphs from Garay’s work.
Experts also highlighted that where similarities were found these were owing to both authors referencing known historical facts and events. Such facts belong to neither one of the authors. The experts add that time travel has been used as a theme throughout literature and as such its use alone cannot constitute plagiarism.
According to Aguilera, 40 witnesses were prevented from testifying in his defence during the trial as the judge ruled that they had been presented too late. These included a recognised legal expert in plagiarism employed by the court to investigate the case against Aguilera who had concluded that Aguilera did not have a case to answer.
Aguilera was nonetheless convicted of plagiarism on 4 November 2013 and sentenced to 30 months in prison. His conviction and sentence were upheld by the Chamber of Appeal in Asunción in June 2014. Aguilera has filed an appeal with the Supreme Court of Justice but this is reported to be at a standstill.
Aguilera has suggested that his conviction may have been influenced by the fact that Garay’s brother, César Garay Zucolillo, is minister of the Supreme Court of Justice.
http://www.pen-international.org/newsitems/day-of-the-imprisoned-writer-nelson-aguilera/
Useful links
http://www.pen-international.org/wp-content/uploads/2013/01/Global-Case-List-_Jan-to-June-2015.pdf
www.theenemiesproject.com/englishpen
I'll be writing in support of Nelson Aguilera.
Writer, teacher and member of PEN Paraguay, Nelson Aguilera was sentenced to 30 months in
prison for alleged plagiarism on 4 November 2013. His conviction is currently the subject of an
appeal to the Supreme Court of Justice but, according to Aguilera, his appeal was at a standstill as of 21 August 2015.
Aguilera is alleged to have plagiarised Maria Eugenia Garay Zucolillo’s 2005 novel El túnel del tiempo (The Tunnel of Time) in the second in the series of his children’s novels Karumbita:La patriota (Karumbita: The Patriot) published in 2010. Independent experts and writers have found that the similarities in the two works cannot be described as plagiarism. PEN believes Aguilera’s sentence to be unjust and calls on the Paraguayan authorities to quash his conviction without further delay. Karumbita: La patriota tells the story of Paraguayan independence through the time-travelling adventures of two children, Anahí and Manuel, and a magical turtle, Karumbita. In the story, Karumbita dreams that she builds a time machine with the children allowing them to participate in Paraguay’s struggle for independence in May 1811. In the dream the characters meet several figures of historical significance. Garay’s novel El túnel del tiempo tells the story of two children, Jerónimo and Rodrigo, who – along with their grandfather, the wizard Paracelsus and Albert Einstein, among others – journey through time, witnessing the various key points in the life of man, meeting various mythological and historical characters along the way. One of their stops is the Paraguayan declaration of independence.
At least six independent experts and writers have provided separate detailed written analyses of both Aguilera and Garay’s works and found that the similarities in them cannot be described as plagiarism. They argue that while both texts feature similar thematic elements, such as time travel, and significant dates in Paraguayan history, the manner in which they are used is significantly different. The analyses show that the literary styles, structure and argument of the works differ significantly and that Aguilera has not lifted any sentences or paragraphs from Garay’s work.
Experts also highlighted that where similarities were found these were owing to both authors referencing known historical facts and events. Such facts belong to neither one of the authors. The experts add that time travel has been used as a theme throughout literature and as such its use alone cannot constitute plagiarism.
According to Aguilera, 40 witnesses were prevented from testifying in his defence during the trial as the judge ruled that they had been presented too late. These included a recognised legal expert in plagiarism employed by the court to investigate the case against Aguilera who had concluded that Aguilera did not have a case to answer.
Aguilera was nonetheless convicted of plagiarism on 4 November 2013 and sentenced to 30 months in prison. His conviction and sentence were upheld by the Chamber of Appeal in Asunción in June 2014. Aguilera has filed an appeal with the Supreme Court of Justice but this is reported to be at a standstill.
Aguilera has suggested that his conviction may have been influenced by the fact that Garay’s brother, César Garay Zucolillo, is minister of the Supreme Court of Justice.
http://www.pen-international.org/newsitems/day-of-the-imprisoned-writer-nelson-aguilera/
Useful links
http://www.pen-international.org/wp-content/uploads/2013/01/Global-Case-List-_Jan-to-June-2015.pdf
