US embassy cable - 04GUATEMALA1447

UNCLAS SECTION 01 OF 03 GUATEMALA 001447 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, KCRM, KWMN, AORC, GT 
SUBJECT: GUATEMALA: HUMAN RIGHTS UPDATE #4-2004 
 
 
1.  (U) This message summarizes significant recent 
developments relating to human rights, including: 
 
-- Executive Send CICIACS to Court (paras 2-3) 
 
-- Progress on Southcom Human Rights Initiative (4) 
 
-- Human Rights NGOs Speak Out on National Police (5) 
 
-- New Trial in Rio Negro Massacre (6-7) 
 
-- Threats Against Sons of Journalist Killed in Black 
Thursday (8) 
 
-- Archbishop's Legal Team Helps Journalist (9) 
 
-- Congress Reviews Proposal for OHCHR Office (10-11) 
 
-- Berger Donates Retreat to At-risk Youth (12) 
 
-- Inter-American HR Court Hears Case on Massacre (13) 
 
-- Threats Against Torres de Colom (14) 
 
Executive Sends CICIACS to Court 
 
 
2.  (U) On May 27, HROff met with Claudia Samayoa, head of 
the Coalition to Establish CICIACS (a group of NGOs united to 
encourage implementation of the CICIACS agreement), who said 
that Political Reform Commissioner Mario Fuentes Destarac and 
Human Rights Ombudsman Sergio Morales had held a series of 
meetings of the ad-hoc Executive Commission on CICIACS.  In 
addition to Fuentes Destarac, Interior Minister Arturo Soto 
and Vice Minister of Foreign Relations Jorge Skinner-Klee 
represented the Executive branch; Helen Mack, Mario Polanco 
of the Mutual Support Group (GAM), members of the "Defense of 
the Constitution" NGO (CEDECON), and the National Bar 
Association participated from civil society.  As a result, on 
June 6, President Berger submitted twenty questions about the 
legality of the current CICIACS agreement to the 
Constitutional Court.  The questions focus primarily on the 
Commission's proposed immunities and privileges (e.g. free 
access to government documents and legal immunity of CICIACS 
personnel and property), and its ability to prosecute cases 
independently without the involvement of the Public Ministry. 
 The Constitutional Court has an unlimited amount of time to 
review the case and issue its opinion. 
 
3.  (U) HROff also met with Ombudsman Morales on June 1 to 
congratulate the Commission for its quick work.  Morales said 
he had met with five of the Constitutional Court magistrates 
several days before to discuss CICIACS and believed that the 
judges would rule that the current CICIACS was constitutional. 
 
Progress on SOUTHCOM Human Rights Initiative 
 
 
4.  (U) MilOff reports that SOUTHCOM and the Center for the 
Training of Human Rights (a Costa Rican NGO contracted by 
SOUTHCOM to implement its human rights initiative) have 
reached agreement with the Guatemalan Ministry of Defense on 
the text of a Human Rights Initiative.  The MOD is expected 
to sign a final document next week after approval by the 
President's office. 
 
Human Rights NGOs Speak Out on National Police 
 
 
5.  (U) On June 7, 13 human rights organizations, including 
GAM, the Myrna Mack Foundation, and the Rigoberta Menchu 
Foundation, placed an advertisement in the daily "Prensa 
Libre" expressing concern to President Berger that military 
officers who lose their jobs in the army downsizing will 
infiltrate the National Civil Police (PNC).  The ad asserted 
that military personnel's training and experience are at odds 
with the mission of the police and that integrating former 
soldiers into the PNC would militarize that institution. 
They requested that the President develop a plan to 
strengthen the PNC by toughening recruitment requirements, 
improve training and by increasing political/financial 
support for the PNC. 
 
New Trial in Rio Negro Massacre 
 
 
6.  (U) HROff traveled to Rabinal, Baja Verapaz province, on 
April 28 to observe an exhumation and meet with ADIVIMA, a 
survivors group pushing forward the prosecution of the 1982 
Rio Negro Massacre.  In 1998, three former militia 
("ex-PACs") were convicted of homicide for their 
participation in the Rio Negro and Agua Fria massacres, 
marking the first conviction of perpetrators of a massacre 
since the civil conflict.  In February 2003, arrest warrants 
were issued for seven more individuals in the same case, with 
the help of ADIVIMA.  Six of these individuals, all ex-Pacs, 
are currently in custody awaiting a August 2004 court date; 
retired Army Col. Jose Antonio Solares Gonzalez remains at 
large. 
7.  (U) According to ADIVIMA and Nicolas Garcia, the 
prosecutor in charge of the case, the Public Ministry has 
been unable to obtain any photographs of Solares Gonzalez 
and, although the arrest warrant was issued over a year ago, 
the PNC have not searched the officer's last known address in 
Guatemala City.  If tried, the case would be the first 
prosecution of a military official in connection with a 
massacre case.  ADIVIMA will continue to urge the GOG to act 
on the arrest warrant. 
 
Sons of Journalist Killed in Black Thursday Threatened 
 
8.  (U) On May 20, David Hernandez Rubio and Hector Ramirez, 
the sons of Hector Ramirez, the journalist who died during 
the "Black Thursday" demonstrations on July 24-25 2003, 
petitioned the Inter-American Commission of Human Rights 
(IACHR) for personal protection following a series of 
intimidating incidents against their family.  The brothers 
are currently pressing charges against Gen. (ret.) Rios Montt 
and other FRG former Government officials for their father's 
death.  On May 19, David was attacked and beaten by two men 
in Zone 18.  Earlier that week, Hector also reported that two 
men had interrogated his sister-in-law at his home, that men 
in motorcycles had followed another sister-in-law to 
university, and that eight individuals had broken into a 
property owned by his wife to question residents.  Hector 
Ramirez told HROff on June 8 that, although a police officer 
had been posted at his home, none of the family members were 
being accompanied by security during the day.  The brothers 
have a meeting on June 10 with President's Commission on 
Human Rights (COPREDEH), which coordinates GOG action on 
IACHR cases, to discuss security measures. 
 
Archbishop's Legal Team Helps Journalist 
 
 
9.  (U) On May 7, the Office of Human Rights of the 
Archbishop of Guatemala (ODHAG), petitioned the court to 
become a private party to the prosecution of attackers of 
prominent newspaper editor Jose Ruben Zamora.  Zamora and his 
family were sequestered and threatened for several hours on 
June 24, 2003.  ODHAG,s lawyers allege there are indications 
that clandestine security forces participated in the 
incident.  Two men, one from the PNC and one from the 
Presidential Guard, have been detained. 
 
Congress Reviews Proposal for OHCHR Office 
 
 
10.  (U) In mid-June, two Congressional committees will 
consider ratifying an agreement with the UN to create of the 
Office of the High Commissioner of the United Nations for 
Human Rights (OHCHR).  The agreement includes annual 
monitoring reports on the status of human rights in Guatemala 
to be presented to the Congressional Human Rights Commission 
and the Hague.  The new office would also represent the UN in 
Guatemala after MINUGUA closes in December 2004.  On 
MINUGUA's departure, the Human Rights Ombudsman will take 
over all reporting for compliance with the Peace Accords. 
The OHCHR office, which has unofficially been open since 
January, will also provide information programs and 
technical/economic assistance regarding human rights to the 
GOG.  If the Congress ratifies the agreement, the UN office 
will be established for a period of three years, which can be 
extended on request from the GOG. 
 
11.  (SBU) Both the Human Rights and the Foreign Relations 
Committees will make recommendations to the Congressional 
plenary on the agreement.  On May 15, Birgit Gerstenberg, the 
current head the OHCHR office, told HROff that the Human 
Rights Commission was then divided 5 to 6 (in opposition) on 
the proposal.  However, on June 2, Congressional Deputy 
Antonio Arenales (FRG) told PolSpecialist he believed the 
proposal would pass in both committees due to political 
pressure from the Executive.  (He remains opposed.) 
 
Berger Donates Retreat to At-Risk Youth 
 
 
12.  (U) On May 24, PolIntern attended a ceremony in which 
President Oscar Berger and COPREDEH handed over the 
presidential retreat, Finca Santo Tomas, to the Jorge R. 
Toruno Foundation for Educational Development to establish a 
center for at-risk children.  The Alliance for Crime 
Prevention (APREDE), supported by USAID, plans to spend one 
million USD to transform the retreat into a center that will 
provide job training and counseling to 500 ex-gang members 
and family members each year. 
 
Inter-American HR Court Hears Case on Massacre 
 
13.  (U) The Inter-American Human Rights Court heard the main 
arguments of the Plan de Sanchez massacre case, on April 23 
and 24.  The Guatemalan State is being sued for the 1982 
massacre of 268 people, most of them members of a Mayan 
indigenous community in the Plan de Sanchez village, in 
Rabinal, Baja Verapaz province.  Frank LaRue, the 
Presidential Commissioner for Human Rights, accepted 
responsibility on behalf of the GOG for the massacre during 
the hearing. 
 
Threats Against Torres de Colom 
 
 
14.  (U) On April 20, the Inter-American Commission for Human 
Rights ordered the GOG to guarantee the protection and safety 
of Sandra Torres de Colom, the wife of presidential runner-up 
Alvaro Colom.  Human Rights Ombudsman Sergio Morales 
requested the Commission's support after Torres de Colom 
reported receiving several threatening phone calls and had 
been subject to surveillance by unknown vehicles in March 
2004. 
HAMILTON