US embassy cable - 04GUATEMALA479

UNCLAS SECTION 01 OF 02 GUATEMALA 000479 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, GT 
SUBJECT: GUATEMALA HUMAN RIGHTS UPDATE #2-2004 
 
 
1.  (SBU) Summary:  The following is an update of significant 
recent developments in human rights. Topics include: 
 
-- GOG to Re-dedicate Peace Accords (para 2) 
 
-- President Supports Gang Rehabilitation (3-4) 
 
-- Bruce Harris Acquitted on Slander Charges (5) 
 
-- Escape of convicted Mack murderer (6) 
 
-- SOUTHCOM Promotes Human Rights (7) 
 
-- UN Envoy Highlights Violence Against Women (8) 
 
GOG To Re-Dedicate Peace Accords 
-------------------------------- 
 
2.  (SBU) Presidential Commissioner for Human Rights Frank 
LaRue told PolOff on February 12 that he had presented, and 
the Cabinet had approved, a February 25 public rededication 
ceremony to full implementation of the 1996 Peace Accords. 
LaRue shared a copy of the presentation, which includes:  the 
reduction and modernization of the military, the 
restructuring and strengthening of the National Civil Police, 
a federal budget focused on social spending, and the creation 
of a national monument commemorating victims of conflict, and 
a meeting of CA governments on peace issues.  LaRue said that 
President Berger would announce the re-dedication on February 
25, the National Day for the Dignity of Victims of Violence. 
In a February 10 meeting with Ambassador Hamilton, Peace 
Secretary Victor Montejo, also confirmed the February 25 
 
SIPDIS 
event, said payments to former civil self defense patrols 
(ex-PACs) would no longer be handled by his secretariat, and 
emphasized his priority of creating a new indigenous unit. 
 
President Supports Rehabilitation; Gangs Mock Efforts 
--------------------------------------------- -------- 
 
3.  (U) On February 16, with AID support and with the 
Ambassador in attendance, President Berger inaugurated the 
"Casa de Jovenes," a rehabilitation facility for ex-gang 
members.  The center will provide shelter and vocational 
training to over 100, and will be administered by APREDE, the 
Alliance for the Prevention of Crime, a coalition of civil 
society organizations funded under USAID's Civil Society 
Program.  At the event, Berger pledged the support of his 
administration towards combating gang violence and the 
reintegration of ex-members into society.  In public remarks, 
the Ambassador praised the project as an example of 
successful cooperation between communities, civil society, 
government, and the private sector. 
 
4.  (U) The event was marred by the discovery, in another 
part of the capital, of the murder of a re-habilitated 
ex-gang member with a note attached which mocked Berger's 
commitment to rehabilitate gang members and combat gang 
violence.  Another murdered ex-gang member was discovered in 
January with a note to the President signed "Mara 
Salvatrucha" (one of the largest gangs), stating, "if you 
continue to persecute the gang members, we will continue 
killing people." 
 
Bruce Harris Acquitted on Slander Charges 
----------------------------------------- 
 
5.  (U) On January 30, Casa Alianza (Covenant House) Regional 
Director for Latin America, Bruce Harris, was acquitted by a 
Guatemalan criminal court of slander, libel and defamation 
charges, concluding a case based on allegations stemming from 
Mr. Harris' statements at a press conference on September 11, 
1997.  The charges were pressed by Susana Luarca de Umana, an 
adoption attorney Harris named among others involved in 
irregular adoptions from Guatemala.  The court also denied 
her request for $123,000 in damages.  She vowed to appeal the 
decision.  EmbOff attended all phases o the trial and the 
Ambassador attended the three hour sentencing.  After the 
verdict was announced, he told the press that the court's 
decision "sends a clear and unequivocal message that 
Guatemala's jurisprudence supports the freedom expression of 
human rights defenders."  Harris told the press he felt 
vindicated by the verdict and said the true beneficiaries 
were Guatemala's exploited children.  He vowed to continue 
Casa Alianza's efforts to protect children from illegal 
adoptions. 
 
Army Role in Escape of Convicted Mack Murderer? 
--------------------------------------------- -- 
 
6.  (U) The Public Ministry is currently investigating claims 
that Army officials aided in the escape of Juan Valencia 
Osorio, whose prior conviction and 30-year sentence for the 
murder of Myrna Mack Chang were reinstated on January 19, 
2004.  According to major daily "El Periodico," an army 
vehicle was observed parked in front of Valencia's home on 
January 22, blocking the view of the security forces who were 
assigned to monitor the accused.  When the car left, Valencia 
had disappeared.  On February 16, the Public Ministry 
reportedly issued a court order giving the Ministry of 
Defense three days to release information regarding the 
identity of the army personnel driving the vehicle and the 
individual who ordered the action.  Valencia remains 
at-large. 
 
SOUTHCOM Promotes Human Rights In Military 
------------------------------------------ 
 
7.  (U) Leana Bresnahan, SOUTHCOM Human Rights Division, and 
Daniel Baldizon, Director of the Center for the Study, 
Analysis and Training of Human Rights (CECADH), a Costa Rican 
NGO, visited Guatemala February 11-13 to promote GOG 
implementation of its prior commitments to a 
SOUTHCOM-sponsored human rights initiative consensus 
document.  The consensus document details an approach to 
improving human rights observation in the national military 
in the areas of doctrine, education and training, 
international control systems and cooperation with civil 
authorities.   SOUTHCOM categorized Guatemala as one of four 
"Tier I" countries, based on the national security interests 
of the USG and interest expressed by the GOG in the project, 
and will prioritize the Guatemalan implementation of the 
initiative.  During this visit, Bresnahan and Baldizon met 
with key military leadership and human rights leaders, 
including Presidential Human Rights Commissioner Frank LaRue, 
to discuss next steps for implementation of the proposal. 
GOG leaders and human rights groups were uniformly supportive 
of the initiative. 
 
UN Envoy Highlights Violence Against Women 
------------------------------------------ 
 
8.  (U) On February 8-15, UN Rapporteur for Violence Against 
Women, Karin Erturk, visited Guatemala and met with President 
Berger, VP Stein, and women's NGOs around the country to 
evaluate the severity of crimes against women in Guatemala. 
In numerous public statements, Erturk highlighted the 
widespread failure to investigate and/or successfully 
prosecute crimes in Guatemala, as the key problem here.  She 
also found that although few incidents of domestic violence 
or incest are reported and even fewer are prosecuted, both 
are severe problems in the nation.  Her visit to Guatemala 
followed visits to El Salvador and Mexico, where she noted 
analogous problems.  Erturk will release a study of her 
findings in Guatemala and a comparative study of violence 
against women in Mexico, El Salvador, and Guatemala to the UN 
Human Rights Commission, in April 2005. 
HAMILTON