US embassy cable - 04GUATEMALA860

UNCLAS SECTION 01 OF 02 GUATEMALA 000860 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, GT 
SUBJECT: GUATEMALA HUMAN RIGHTS UPDATE #3-2004 
 
1.  (SBU) Summary:  The following is an update of significant 
recent developments in human rights. Topics include: 
 
-- Cutbacks in Special Prosecutor's Office for Human Rights 
(para 2 and 3) 
 
-- Rosalina Tuyuc to Head Presidential Reparations Committee 
(para 4) 
 
-- CALDH Kidnapping (para 6) 
 
-- Environmentalist Threatened (para 7) 
 
 
Cutbacks in Human Rights Office 
------------------------------- 
2. (SBU) In mid-March, New Attorney General Juan Florido 
Solis reportedly informed Thelma de Lam, Special Prosecutor 
for Human Rights, that the staff of her office would be cut 
from the 60 that were employed under De Leon to 4, two 
Attorneys and two assistants.  Although we have yet to see 
whether the reduction will be that dire, 37 employees have 
been let go thus far.  In comparison to other sections in the 
Public Ministry, the Human Rights Prosecutor's Office was 
overstaffed and Florido told the Ambassador that the 
reductions addressed an internal perception from the other 
prosecutors of preference for De Lam under the previous 
Attorney General.  More concerning, according to De Lam, 
security for all of the Attorneys was withdrawn March 11. 
Florido has also cut all funds for witness protection.  (NB: 
Every public institution is coping with a 30% budget 
reduction, part of a government-wide austerity program.) 
 
3. (SBU) The loss of funding for witness protection is 
already having an impact. Two witnesses in the murder of 
CONAVIGUA's Manuel Garcia refused to testify after rocks were 
thrown through their windshield amidst yelled threats as they 
traveled to the trial.  Without their testimony, the case was 
lost.  The witnesses in the murder of Padre Chemita also 
refused to testify without protection, stalling that case 
indefinitely. 
 
4. (SBU) Florido was vocally supportive of Human Rights in 
his first meeting with the Ambassador and we do not perceive 
these cutbacks as a deliberate attempt to slow the office,s 
investigations, but as a response to pressure from the 
Executive to scale back spending and a managerial attempt to 
address earlier in-house favoritism.  However, Florido,s 
cutbacks will likely be perceived as a step backwards by the 
human rights community.  De Lam, who is seven months 
pregnant, stated that she would likely resign in August, 
after her two months of permitted maternity leave. We will 
continue to engage Florido on the work of this office, the 
importance of employee and witness protection in effectively 
investigating and prosecuting cases, and the selection of a 
new Special Attorney for Human Rights if/when De Lam should 
leave. 
 
 
Rosalina Tuyuc to head Presidential Reparations Commission 
--------------------------------------------- ------------- 
 
4. (U) After a large protest on agrarian and reparations 
issues on March 30, Berger confirmed the nomination of 
Rosalina Tuyuc (an established indigenous leader, close to 
the URNG, who runs CONAVIGUA, a organization for widows of 
the civil conflict) as the leader for the Presidential 
Reparations Commission for the Victims of War. The 
Commission's principal objective will be to negotiate the 
amount and distribution of compensation for surviving family 
members of victims in the civil war.  Tuyuc's long-awaited 
appointment follows a bitter internal struggle between the 
two primary human rights coalitions in Guatemala and may 
result in further contention during Commission discussions. 
 
CALDH Driver Kidnapped 
---------------------- 
 
5. (SBU) On March 10, a driver from the Center for Legal 
Action on Human Rights (CALDH) was kidnapped outside the 
organization's building.  The driver was beaten and released 
after an hour of being questioned by disguised assailants 
about the organization.  CALDH reported the crime to the 
Public Ministry, but no progress has been made on the 
investigation.  The incident was followed by several 
break-ins at other human rights NGOs the same week, provoking 
suspicion among human rights defenders that the same 
individuals were responsible. 
 
Environmentalist Threatened 
--------------------------- 
 
6.  (U) Eloda Mejia, a leading environmentalist whose 
organization, Amigo de Izabal, works with indigenous 
villagers in El Estor, Izabal, has received an escalating 
number of death threats in the last two months.  On February 
21, Mejia organized a public forum on the environmental 
effects of nickel mining, a prominent industry in the area. 
The mayor of the town (who is allegedly determined to protect 
the mining company's interests) planned a large protest of 
the forum, during which threats were made against Mejia's 
life.  De Lam, Special Prosecutor for Human Rights, noted 
that the Public Ministry did not have the resources to travel 
to Izabal for an investigation.  However, Mejia reportedly is 
being accompanied by an American from the Peace Brigades. 
HAMILTON