US embassy cable - 04GUATEMALA2904

UNCLAS SECTION 01 OF 03 GUATEMALA 002904 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ASEC, EAID, GT, MARR, PGOV, PHUM, SNAR 
SUBJECT: GUATEMALA HUMAN RIGHTS UPDATE #5-2004 
 
 
1.  (U) This message summarizes significant recent 
developments relating to human rights, including: 
 
-- Conviction in murder of Menchu Foundation accountant (para 
2) 
 
-- Courts Give PDH Access to EMP Documents (3) 
 
-- Journalists Demand Justice for &Black Thursday8 Riots (4) 
 
-- Threats Against CALDH and Plan de Sanchez Witnesses (5-8) 
 
-- PDH Leads &Movement Against Violence8 (9) 
 
-- USG donates $86,000 to Special Unit for Human Rights 
(10-11) 
 
-- Threats against ANN Deputy Nineth Montenegro (12) 
 
-- Supreme Court Recuses Judge in Gerardi Case (13) 
 
-- New Trial for Rio Negro Massacre Suspended (14) 
 
-- Freedom of the Press Has Improved (15) 
 
 
Conviction in murder of Menchu Foundation accountant 
--------------------------------------------- ------- 
 
2.  On June 24, Ever Lopez Gomez and Billy Rene Barrios were 
sentenced to 9 and 29 years respectively for the April 2002 
killing of Menchu Foundation accountant Guillermo Ovalle. 
Although Menchu Foundation officials believed the accountant 
had been murdered to intimidate the organization, the Special 
Prosecutor for Human Rights believes that Lopez and Barrios 
killed the accountant during a shoot-out in a failed robbery 
of a restaurant. 
 
Courts Give PDH Access to EMP Documents 
--------------------------------------- 
 
3.  The Human Rights Ombudsman,s office (PDH) told Poloff in 
July that the PDH, with support from Mutual Support Group 
(GAM) and Security and Democracy (SEDEM), is currently 
copying thousands of documents recovered from the now-defunct 
Presidential Military Staff (EMP).   On January 6, a judge 
ordered the military to allow the PDH access to the 
information.  The PDH and other groups plan to analyze the 
documents to assist in locating children disappeared in the 
civil conflict and learn more about the military,s 
operations during that period.  The documents include 
information on operations, maps, paychecks, car and gas 
records, accounting, and human resources. 
 
Journalists Demand Justice for &Black Thursday8 Riots 
--------------------------------------------- -------- 
 
4.  Approximately 50 reporters marched through the capital on 
July 24, the one-year anniversary of the 2003 &Black 
Thursday8 riots organized in favor of the presidential 
candidacy of retired General Efrain Rios Montt, to demand 
justice for the death of Hector Ramirez, who died of a heart 
attack while running from a crowd of rioters.  The Special 
Prosecutor for Human Rights office has indicted 20 
individuals, including Rios Montt,s grandson and niece, for 
involvement in planning the chaos.  Rios Montt, Secretary 
General of the FRG, remains under house arrest for his 
suspected role in the riots (though, in practice, he is not 
restricted to his home, but to the capital).  In addition, 
the Supreme Court is investigating six former government 
officials, four congressional representatives and two mayors, 
and will decide whether to remove their immunity from 
criminal prosecution.  Special Prosecutor Gudiel told PolOff 
that many witnesses have refused to testify out of fear of 
reprisal.  (Comment:  The legal basis for this prosecution is 
shaky at best.  Unable to identify the rioters who actually 
chased Ramirez, the Prosecutor is going after FRG leaders who 
organized the demonstration as the "intellectual authors" of 
Ramirez's "aggravated" heart attack.) 
 
Threats Against CALDH and Plan de Sanchez Witnesses 
--------------------------------------------- ------ 
 
5.  The Legal Center for Human Rights (CALDH) and the Plan de 
Sanchez community in Baja Verapaz (site of a 1982 massacre in 
which the army and ex-Pacs allegedly killed 268 people) were 
the targets of over 20 acts of intimidation between March and 
September.  CALDH provided legal support to community members 
of the Plan de Sanchez community for a April 23 and 24 
Inter-American Court (IACHR) hearing on the massacre.  In 
April, during an IACHR hearing, the Government admitted 
responsibility for not investigating the massacre.  The 
threats against witnesses to the massacre and CALDH increased 
in incidence following the hearing. 
 
6.  On March 11, a CALDH driver was kidnapped in front of the 
CALDH office, held for several hours, questioned about his 
work, and released after the theft of his vehicle.  On 
September 7, the police captured a suspect in the kidnapping, 
who is currently awaiting a line-up and trial.  After the 
driver,s experience, CALDH requested police protection, 
which was approved and coordinated by COPREDEH (President,s 
Commission on Human Rights).  In July, however, a string of 
intimidating actions against the organization and community 
began. 
 
7.  On July 14 and 15, there were two break-ins at the home 
of CALDH director Edda Gaviola, although nothing significant 
was stolen.  On July 17, unknown intruders broke into the 
annex office of CALDH in Guatemala City.  On the same day, a 
witness in the IACHR case received an inoperative bomb with a 
note threatening his life.  On July 30, another threat 
against the Plan de Sanchez witnesses was delivered to 
CALDH,s office in Rabinal.  The vehicle of a CALDH employee 
was hijacked on September 13.  Throughout July to September, 
CALDH employees were followed in vehicles, threatened by 
phone and in person.  The investigation into the series of 
threats is ongoing. 
 
8.  On August 12, the Ambassador visited the CALDH offices to 
hear first hand about the threats and express USG concern. 
Three Amcits working with NISGUA, an accompaniment 
organization working with the Plan de Sanchez community, 
attended the meeting.  On August 11, CALDH met with 
Government Minister Carlos Vielmann and with Attorney General 
Juan Luis Florido.  Vielmann committed to improving the 
diligence of the PNC security forces, who were frequently 
absent from in front of the organization,s office during 
July.  PolOff has discussed the threats with the Special 
Prosecutor for Crimes against Human Rights Defenders Betty 
Gudiel on multiple occasions.  Gudiel reported progress in 
the March kidnapping case but stated that in the other case 
lack of evidence had limited investigations and prosecutions. 
 In response to the threats against CALDH and other 
organizations, the Ambassador also hosted a reception on 
September 29 in honor of and to convey support for the local 
human rights community.  In October, CALDH relocated its 
primary offices to a new location (the move was planned 
before the threats began).  Since that time, CALDH staffers 
have not received further threats. 
 
PDH Leads &Movement Against Violence8 
------------------------------------- 
 
9.  Human Rights Ombudsman Sergio Morales, in coordination 
with the Catholic and Protestant churches and over 400 other 
organizations, formed the &Movement Against Violence,8 on 
June 14 to raise awareness about the growing violence in 
Guatemala.  On August 13, over 5,000 individuals participated 
in a national march led by the Movement.  The GOG gave 
government employees several hours off work if they choose to 
participate.  The Movement also created working groups to 
analyze different types of violence and make recommendations 
to the GOG. 
 
USG donates $86,000 to Special Unit for Human Rights 
--------------------------------------------- ------- 
 
10.  On August 30, the Ambassador and Attorney General Juan 
Luis Florido signed an agreement to donate $86,000 of DRL 
funds to the office of the Special Prosecutor to Combat 
Crimes against Human Rights Defenders.  The Ambassador 
stressed the Embassy,s support for the Special Unit and the 
effective investigation of crimes against human rights 
defenders.  Betty Gudiel, the current Special Prosecutor, was 
hand-chosen by Florido to replace Thelma de Lam (who had 
personal disputes with Florido and was closely allied with 
former AG Carlos de Leon).  The Special Unit has taken 
several cases to court in the last several months, including 
the April 2002 murder of Menchu Foundation accountant 
Gillermo Ovalle (see para 2), the April 2003 murder of Mayan 
priest Diego Xon Salazar (one individual was convicted and 
sentenced to 15-years in prison), and the September 2003 
murder of community organizer and member of the Council of 
Ethnic Communities (CERJ) Eusebio Macario (the court found 
the suspect not-guilty). 
 
11.  The grant aims to better equip the Special Human Rights 
Unit to arrive quickly at  crime scenes, interview witnesses, 
track and evaluate case progress, and more effectively record 
evidence and prosecute cases.  These funds will purchase two 
vehicles, third-party liability insurance policies, 16 
personal computers, one laser printer, 10 UPS stations and 
computer cabling. 
 
Threats against ANN Deputy Nineth Montenegro 
-------------------------------------------- 
 
12.  Mario Polanco, director of Mutual Support Group (GAM), 
reported to PolOff that, from August to September, ANN 
Congressional deputy Nineth Montenegro, President of the 
Human Rights Committee and former director of GAM (and 
Polanco,s spouse), received 20 threatening phone calls. 
Unknown individuals broke the windows of her vehicle in front 
of her home and rifled papers inside but stole nothing.  The 
Congresswoman,s car was followed, and unidentified men 
loitered in front of her home.  In the past two months, the 
threats have subsided. 
 
Supreme Court Recuses Judge in Gerardi Case 
------------------------------------------- 
 
13.  Prosecutors in the 1998 murder of Bishop Juan Gerardi, 
the Coordinator of the Archbishop,s Office on Human Rights 
(ODHAG) are currently investigating 10-12 more suspects 
thought to be involved in the killing.  On August 25, the 
Supreme Court ruled that the head of the Fourth Penal Court, 
Willevaldo Contreras, should be recused from hearing further 
cases against individuals implicated in Gerardi,s murder (he 
heard the previous trial), because he has previously made 
public statements demonstrating partiality.  The Fourth Penal 
Court appealed the ruling and that decision is pending. 
 
New Trial for Rio Negro Massacre Suspended 
------------------------------------------ 
 
14.  On October 19, a new trial began against six ex-PACS 
(three others were convicted in 1998) for the 1982 Rio Negro 
massacre.  However, after just one day of testimony, defense 
lawyers presented a motion to suspend to correct the spelling 
of the witnesses, names in trial paperwork.  The trial was 
not expected to resume for several months.  Witnesses and 
lawyers on the case have received numerous threats in the 
months leading up to the new trial. 
 
Freedom of the Press Has Improved 
--------------------------------- 
 
15.  According to the Committee on Freedom of the Press and 
the OAS Special Rapporteur for Freedom of the Press, 
conditions for journalists in Guatemala have improved in the 
last year.  The representatives presented the reports at the 
October 25 General Assembly meeting of the Inter-American 
Press Society (SIP).  Gonzalo Marroquin, President of the 
Guatemala SIP Committee, stated, &it seems that an 
institutional policy of confrontation and pressure against 
the press doesn,t exist in Guatemala.8  Eduardo Bertoni, 
Special OAS Rapporteur, recognized that in Guatemala the GOG 
&investigates some cases, which doesn,t happen in other 
parts of the region.8  However, Bertoni also observed that 
the cases which are investigated &are not done so rapidly 
and with the desired results (of prosecutions).8 
HAMILTON