US embassy cable - 04GUATEMALA2191

UNCLAS SECTION 01 OF 02 GUATEMALA 002191 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, GT 
SUBJECT: HARBURY ASKS FOR EMBASSY'S ASSISTANCE 
 
 
 1.  (SBU) Summary:  The Ambassador met with Amcit Jennifer 
Harbury on August 17 to discuss her concerns about the safety 
of the family of Otoniel de la Roca Mendoza, a key witness in 
the 2000 Inter-American Court of Human Rights case on the 
Efrain Bamaca disappearance.  Harbury asked the Ambassador to 
discuss the attacks with the MOD, to assist her in arranging 
a meeting with Vice President Eduardo Stein, and to provide 
guidance for humanitarian parole applications for 18-25 
individuals that she says have been the target of threats and 
violence.  We have since responded to all requests.  End 
Summary. 
 
2.  (U) Background:  In March 1992, Efrain Bamaca Velasquez 
was taken captive during a skirmish with the Guatemalan 
military.  Since that time, his wife, Amcit Jennifer Harbury, 
fought to determine his fate and -- once it became evident 
that he was killed in captivity -- to locate his remains and 
discover the truth about his disappearance and murder.  In 
December 2000, the Inter-American Court of Human Rights 
(IACHR) found the Guatemalan military responsible for the 
detention, torture, and extrajudicial execution of Bamaca. 
The ruling required that the GOG locate the remains of Bamaca 
and return them to his family, pay $498,000 USD in material 
damages to the family, publish the IACHR sentence in the 
government daily and another national newspaper, and 
investigate Bamaca's murder and prosecute those responsible. 
End Background. 
 
3.  (SBU) During the 2000 IACHR case, De la Roca Mendoza 
testified that he saw Bamaca being detained at the Santa Ana 
Berlin military base.  In 1997, following threats on his 
life, De la Roca Mendoza moved to the U.S.  Since then, his 
wife, children, and siblings have also moved to the U.S. 
Harbury says that members of De la Roca Mendoza's extended 
family have been threatened and that four have been murdered 
in the last four years in revenge for his testimony and to 
still his testimony in more cases.  Harbury told the 
Ambassador that four cousins of De la Roca had been killed in 
the last four years.   (The Embassy has verified that at 
least the most recent two murders took place.  Our inability 
to verify the other two deaths should not indicate that they 
did not happen.)  She believes that three military officers 
named in De la Roca Mendoza,s testimony, Alberto Gomez 
Guillermo, Juan Oliva Carnera, and Napoleon Rojas, who were 
accused of involvement in Bamaca's disappearance during the 
IACHR case, are behind this intimidation. 
 
4.  (U) Harbury told the Ambassador that the GOG had paid 
material damages to the Bamaca family, but had not complied 
with other elements of the IACHR sentence, including 
returning Bamaca,s remains or publishing the full text of 
the IACHR sentence.  If the government did not complete these 
actions, Harbury said she planned to return to the IACHR for 
a compliance hearing later this year.  (She did not mention 
the IACHR,s order that the GOG fully investigate the Bamaca 
case and prosecute those responsible, on which no progress 
has been made.) 
 
5.  (SBU) Harbury asked that the Embassy convey to the 
Guatemalan military its concern for the De la Roca Mendoza 
relatives, that we support her plan to request humanitarian 
parole for 18-25 individuals who have been the target of 
threats, and that the Ambassador help her obtain an 
appointment with Vice President Eduardo Stein to discuss the 
case. 
 
6.  (C) The Ambassador personally asked Stein for the 
appointment, which Harbury attended on August 19.  Milgp 
Commander and DATT discussed the murder cases on August 19 
with MOD Chief of Staff General Bustamante, who committed to 
investigating further.  On August 25, the Ambassador 
additionally discussed the case with retired General Otto 
Perez Molina, asking for his help in passing a message to 
"cease and desist" to whomever might be responsible for the 
threats and killings.  The Ambassador also asked Perez Molina 
to consider how Bamaca's remains might at this date be 
located.  Perez Molina avoided making a firm commitment but 
remained thoughtful and attentive throughout.  DHS provided 
Harbury with paperwork for humanitarian parole and, now that 
we have verified two of the killings as related by Harbury, 
we anticipate recommending approval of the upcoming parole 
petitions. 
 
7.  (SBU) In a meeting with the Ambassador August 20, VP 
Stein said that the GOG recognized the importance of meeting 
all the terms of the IACHR decision in Harbury's favor.  He 
acknowledged that, although the GOG had paid in full the 
financial settlement, other elements of the court's decision 
still needed closure.  He understood that Jennifer Harbury 
was prepared to go back to the court with a "compliance 
demand" if the GOG failed to carry out the court's orders in 
full.  Stein indicated some surprise that the GOG's 
publication of a summary of the court's decision had not 
satisfied Harbury.  He said the GOG would therefore publish 
the full text of the court's decision, most likely in the 
government's register and as an insert in a leading 
commercial newspaper, such as Prensa Libre. 
 
8.  (SBU) Stein said the issue of finding and returning the 
body of Efrain Bamaca was "complicated," but the Berger 
Administration would do everything possible to comply.  The 
Ambassador mentioned that Milgp and DATT were approaching 
Bustamante to encourage Guatemalan military cooperation in 
searching for, identifying and turning over the Bamaca 
remains.  The Ambassador said he intended to raise the issue 
with Otto Perez Molina, which Stein thought would be a good 
idea. 
 
9.  (U) Harbury met with the DCM August 20 before departing 
Guatemala.  She recounted her efforts, and noted that after 
moving De la Roca Mendoza's relatives out of Guatemala, she 
would renew her efforts with the GOG to recover Bamaca's 
remains.  The DCM reviewed what we had already done in 
response to her requests. 
HAMILTON