US embassy cable - 03GUATEMALA2441

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 002441 
 
SIPDIS 
 
E.O. 12958: DECL: 09/18/2013 
TAGS: PHUM, PREL, KJUS, SNAR, GT 
SUBJECT: BAD BLOOD BETWEEN OMBUDSMAN AND PROSECUTOR: 
HARMLESS TURF BATTLE OR A THREAT TO HUMAN RIGHTS 
INVESTIGATIONS? 
 
REF: GUATEMALA 2221 
 
Classified By: Human Rights Officer Katharine Read, reason 1.5 (d) 
 
1. (U) Summary: In the wake of the break-in at the Human 
Rights Ombudsman's Office on August 26 (reftel), a dispute 
over the motivation for the break-in erupted between the 
Public Ministry and the Ombudsman's Office.  This dispute has 
divided opinion of human rights groups and threatens to 
permanently damage the working relationship and credibility 
of two key GOG institutions charged with defending human 
rights.  End Summary. 
 
2. (U) On August 26, the Human Rights Ombudsman's Office 
(PDH) was burglarized and two computers were stolen.  In the 
days that followed, the Ombudsman, Sergio Morales, and others 
in the domestic and international human rights community 
denounced the act as a flagrant attempt by the FRG and 
shadowy clandestine forces linked to the military to 
intimidate the PDH.  EmbOffs visited the PDH and met with 
Morales to show solidarity and concern. 
 
3. (U) In addition to asserting a political motivation behind 
the break-in, Morales criticized the Public Ministry for 
being slow to respond and claimed that the Special Prosecutor 
for Crimes Against Human Rights Workers, Telma de Lam, was 
not properly investigating the case.  He implied that De Lam 
had curtailed her investigation due to political pressure and 
cited the fact that she has personal ties to the military 
through her father.  (Note: The fact that De Lam's father was 
a colonel in the army has been widely known since her 
appointment, and never seemed to concern human rights 
activists. End Note.) 
 
Attorney General Defends Troops 
------------------------------- 
 
4. (U) Defending De Lam, Attorney General Carlos de Leon 
issued public statements calling Morales "irresponsible" for 
levying accusations against the integrity of the Public 
Ministry.  De Lam told the press that she had been to the PDH 
the day that the burglary occurred, and that she had 
apprehended four of the suspects in what she characterized a 
common crime.  De Leon also hosted a public event showcasing 
the advances of De Lam's office, including the investigations 
of the PDH break-in and Chimaltenango Auxiliary Ombudsman's 
murder, to show his institution's commitment to getting 
results in human rights cases. 
 
Human Rights Groups Divided 
--------------------------- 
 
5. (C) Sensing trouble, HROff met with human rights defenders 
Helen Mack and Claudia Samayoa on September 4 to discuss the 
clash between these two key human rights activists.  Mack 
said that she respects the work that De Lam has done to build 
and professionalize her office, especially by developing a 
"rapid response" capacity to investigate crime scenes shortly 
after an attack.  Mack and Samayoa both agreed that, while 
Morales is well-intentioned, he is damaging the credibility 
of all human rights defenders when as now, they implied, he 
"cries wolf," especially when the Public Ministry is finally 
developing a capacity to investigate threats against and 
attacks on the human rights community.  They agreed, with 
HROff's suggestion, to recommend that Morales keep further 
conflicts with De Lam and the Public Ministry out of the 
press.  Mack said that if Morales continued to "bash" De Lam, 
she would ask MINUGUA to release its independent verification 
of the PDH burglary, which she believed would support De 
Lam's version of the facts. 
 
6. (C) Not everyone in the human rights movement shares Mack 
and Samayoa's opinions.  Human rights leaders Frank LaRue 
(CALDH) and Mario Polanco (GAM) told us privately that they 
believe that Morales was wrong to make aggrandizing and 
fictitious statements to the press about the burglary, but 
they publicly support the work of the PDH and have made 
statements to the press suggesting that De Lam's military 
background was cause for concern. 
 
MINUGUA Staying out of the Fray 
------------------------------- 
 
7. (C) MINUGUA representative David Bahamondes told HROff 
that they will not be releasing a verification report unless 
absolutely necessary, to avoid publicly taking sides in this 
dispute.  Bahamondes said that MINUGUA privately believes 
that the break-in was not a political attack on the PDH, as 
Morales claims, but that MINUGUA would not attribute the 
attack to common crime either. 
 
Embassy Attempts to Calm the Storm 
---------------------------------- 
8. (C) The Ambassador met with Attorney General De Leon in 
the days following the break-in, and urged De Leon to support 
De Lam without further provoking the Ombudsman; the USG is 
committed to seeing both institutions cooperate and succeed. 
DCM and HROff attended the Public Ministry's event showcasing 
De Lam's work, after cautioning Public Ministry spokeswoman 
Ana Lucia Alejos and De Lam herself that we would not support 
further mudslinging.  HROff raised concerns about political 
influence and military linkages with De Lam, and said that we 
would continue to support her office politically and 
financially as long as she conducted complete, impartial 
investigations.  De Lam responded that she would quit the day 
she felt her investigative independence compromised. 
 
Comment 
------- 
 
9. (C) The Ombudsman and the Special Prosecutor for Crimes 
Against Human Rights Workers are among the most critical 
state institutions for safeguarding the security of human 
rights defenders in Guatemala.  This public tiff only damages 
their credibility, and forces the historically fractured 
human rights movement to chose sides.  We will continue to 
encourage both institutions to work together and resist the 
temptation to turn their differences of opinion into national 
news. 
HAMILTON