US embassy cable - 05GUATEMALA344

UNCLAS GUATEMALA 000344 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, ASEC, EAID, MASS, SNAR, GT 
SUBJECT: GUATEMALAN COURT AGAIN STRIKES DOWN PAYMENTS TO 
EX-PARAMILITARY 
 
REF: 04 GUATEMALA 2804 AND PREVIOUS 
 
1.  (U) Summary and introduction:  For the third time in the 
past 14 months, Guatemala's Constitutional Court struck down 
direct payments to former members of the armed civil defense 
(paramilitary) forces (PAC) established by the Guatemalan 
Army in the early 1980s.  The ex-PACs have refrained from 
immediate reprisals but are still demanding compensation. 
President Berger has resurrected  development projects 
targeted at ex-PAC communities as an alternative to the 
problematic individual cash payments to ex-PACs.  End summary. 
 
2.  (U) By a four to three vote in the February 8 ruling, the 
Constitutional Court determined that a 2004 law providing for 
payments of approximately $665 to the ex-PACs was 
unconstitutional because the Congress had failed to specify a 
funding source for the payments as required by Article 240. 
The Constitutional Court struck down previous legislation in 
September 2004 for the same reason; the current measure was 
passed by Congress late last year but again failed to meet 
constitutional standards.  This time, the Court also cited 
Article 155, which says that neither Guatemalans nor 
foreigners are entitled to indemnity for losses or damages 
caused by armed conflict or civil disturbances.  The seven 
judges who signed the decision included alternates who 
replaced four judges who had recused themselves because of 
ex-PAC threats.  Coincidentally on the same day, a court in 
Hueheutenango Department sentenced an ex-PAC leader and a 
former town mayor to six years and two years in prison, 
respectively, for their roles in the kidnapping of 
journalists during an October 2003 highway blockade by ex-PAC 
members. 
 
3.  (U) President Berger reacted to the latest ruling by 
announcing that the GOG would abandon efforts to obtain 
approval of individual cash payments to the ex-PACs.  Berger 
restated his willingness to work with ex-PAC leaders and 
suggested that reforestation or other community development 
projects would be viable alternatives to cash payments. 
Ex-PAC leaders said they would consult among themselves 
before responding, but two insisted that Berger comply with 
his campaign promise to provide cash payments.  Another 
ex-PAC leader expressed concern that the leaders would not be 
able to restrain ex-PACs from violent action if the payments 
were not made. 
 
4.  (SBU) Comment:  The 2003 presidential election saw all 
major parties making campaign promises of cash payments to 
the ex-PAC members.  The Berger Administration tried to 
comply, notwithstanding financial constraints, the strong 
disapproval of human rights groups and other civil society 
representatives, and the perception of GOG weakness created 
by its tolerance of disruptive and sometimes violent pressure 
tactics on the part of the ex-PAC membership.  Despite the 
Court's very clear opinion in September 2004 that the 
Congress needed to identify a specific funding source for the 
payments, the Congress essentially approved an unfunded, 
open-ended liability for the government by authorizing 
payments to an undetermined number of ex-PACS.  The latest 
Constitutional Court decision provides the GOG with political 
cover for abandoning the scheme, and further ex-PAC attempts 
to coerce the GOG will likely meet a firm response. 
 
HAMILTON