US embassy cable - 05GUATEMALA1745

UNCLAS SECTION 01 OF 02 GUATEMALA 001745 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM, KCRM, PGOV, EAID, ASEC, SNAR, MASS, KJUS, GT 
SUBJECT: GUATEMALA'S LATEST BOOGEYMAN:  "SOCIAL CLEANSING" 
 
REF: GUATEMALA 1551 
 
1. Summary:  "Social cleansing" is a phrase increasingly 
bandied about in Guatemala to explain some unsolved killings. 
 Although frustration with the government's inability to 
reduce crime is very real, there is no indication of a state 
policy to pursue extrajudicial executions of delinquents, nor 
is there any evidence of involvement by state security force 
members, on-duty or off.  The dead bodies showing up all over 
Guatemala can reasonably be ascribed to inter-gang violence 
or vigilantism.  Usage of the "social cleansing" term could 
take on a life of its own, despite the absence of any hard 
evidence.  Although we do not believe "social cleansing" is 
underway, we are conveying to contacts our complete 
opposition to extrajudicial killings or any other illegal 
approaches to "solving" crime.  In addition, we continue our 
efforts to boost the GOG's negligible capacity to investigate 
crime.  End summary. 
 
2.  Guatemala had a homicide rate in 2004 of 37 per 100,000, 
ranking it among the most violent countries in the 
hemisphere.  This year's homicide rate is even higher.  Chief 
Prosecutor (Attorney General-equivalent) Juan Luis Florido 
publicly admits that his ministry is overwhelmed by the 
levels of crime in Guatemala and does not have the resources 
to respond.  A similar situation exists within the National 
Civilian Police (PNC).  The PNC has 75 homicide detectives to 
handle the 2,098 murder cases reported in the first five 
months of 2005.  This is in addition to the 4,507 reported in 
2004 and the outstanding cases from previous years.  With the 
conviction rate for reported crimes at about two percent, the 
public's frustration with impunity is growing. 
 
3.  In recent years, Guatemala has seen numerous instances of 
lynchings and spontaneous mob violence against criminals 
caught in the act.  Police sources told us they have 
registered 13 lynchings so far in 2005, a sharp increase 
compared to the seven registered in all of 2004.  (From press 
reports, we have the impression that lynchings and 
near-lynchings are much higher than these numbers.)  The 
state's continued inability to provide a working criminal 
justice system naturally prompts speculation that people are 
taking matters into their own hands in a more premeditated 
and organized fashion.  In some communities, the response has 
been legitimate, as citizens have banded together to patrol 
their neighborhoods and deter crime.  In other cases, 
however, it appears that vigilantes may be seeking out 
suspected criminal elements for retribution.  Some of the 
dead bodies recently found by authorities have notes 
describing the victims as car thieves or cell phone thieves. 
In one case in the rural town of San Lucas Toliman, the 
accompanying note specifically stated that the murder was an 
act of social cleansing and that the perpetrators were 
supporting the police.  Police representatives denied any 
involvement.  Minister of Government Carlos Vielmann believes 
the San Lucas incident was one battle in an ongoing war 
between rival criminal gangs.  He and Chief Prosecutor 
Florido publicly vowed to investigate, track down and 
prosecute the perpetrators. 
 
4.  Deciding whether or not these mysterious deaths 
constitute "social cleansing" requires a determination of 
involvement by state actors.  In the absence of evidence of 
state involvement, the Embassy is inclined to attribute these 
deaths to vigilantism or to gang violence.  In its final 
report before closing down in December 2004, the U.N. 
Verification Mission in Guatemala (MINUGUA) cited social 
cleansing as an "ongoing" concern without providing any 
specifics.  The Department's citation in the 2004 Human 
Rights Report of MINUGUA's claim garnered much publicity in 
the local press. 
 
5.  Gang violence remains the largest single source of 
murders.  Inter-gang violence is common in Guatemala City, 
its suburbs, and most other major population centers in 
Guatemala.  Rivalries between gangs to control geographic 
areas and criminal operations result in regular bloodshed. 
Intra-gang violence to enforce discipline is common as well, 
and is present in rural areas in addition to the major 
population centers.  Human Rights Ombudsman Sergio Morales 
told the diplomatic corps (reftel) that there was no evidence 
to support charges that the GOG was engaging in a policy of 
"social cleansing."  He deemed it possible that off-duty 
police, acting outside their official roles, might be 
involved in organized violence against specific groups; 
however, he thought it more likely that gangs were killing 
their own, possibly to prevent their members' defection.  One 
source told us that gangs regularly need to eliminate 
low-level members who become intractable with time.  This is 
a primary reason why gangs need to continuously recruit young 
members. 
 
6.  Various public opinion surveys reflect that Guatemalans 
both consider public security their number one concern and 
have little faith that the justice system will protect them. 
Guatemala is not far removed from its civil war and is still 
a heavily-armed nation.  Anyone over the age of 35 has a deep 
understanding of violence and many younger people have been 
influenced by the pervasiveness of gangs. 
 
7.  Many contacts cite the availability of firearms as a root 
cause of the violence.  We suggest, however, that the ability 
and the will to use firearms are common and play a more 
important role.  Whether private groups or individuals are 
hiring assassins or committing the murders themselves is less 
relevant than the point that the formal justice sector can 
neither protect its citizenry nor prevent them from 
protecting themselves in such illegal ways. 
 
8.  We are concerned that usage of the "social cleansing" 
term could take on a life of its own, despite the absence of 
any plausible indicators of state involvement.  The legacy of 
human rights violations during the 1960-1996 armed internal 
conflict and a penchant for sinister conspiracy theories lead 
many to suspect state involvement in the extrajudicial 
killing of victims who could have been criminal suspects. 
However, even people who do not believe the state is involved 
are using the "social cleansing" label to describe 
vigilantism that hypothetically is commissioned by business 
leaders. 
 
9.  The barrage of "social cleansing" accusations against 
Guatemala will likely grow.  NGOs and the international 
community will demand that the GOG fully investigate the 
accusations.  Unfortunately, the GOG is not well-positioned 
to defend itself.  Its police, prosecutors and courts are 
barely able to convict criminals who are caught in flagrante. 
 Without the intel or other tools to investigate who or what 
is behind these killings, its inability to get to the bottom 
of the "social cleansing" will be perceived as a cover-up. 
 
10.  The Ambassador and other embassy officers have raised 
the prospect of social cleansing with contacts in the 
government and civil society.  In so doing, we have conveyed 
our complete opposition to extrajudicial killings or any 
other illegal approaches to "solving" crime.  Although some 
interlocutors have indicated to us that they believe "social 
cleansing" is underway, their definition of "social 
cleansing" is closer to vigilantism, and their belief in it 
is generally based on gut feelings or hunches rather than 
evidence.  We will continue to convey our concerns about 
"social cleansing" and look vigilantly for evidence of it. 
 
11.  Ultimately, the best way to head off "social cleansing" 
would be for the GOG to demonstrate that it is turning the 
corner on crime.  With our limited resources, we are working 
to boost the capacity of police and prosecutors to 
investigate all crime, including the mysterious deaths that 
might otherwise be attributed to "social cleansing."  The 
Ambassador has also used his farewell interviews with GOG 
officials, legislators and the media to urge passage of 
legislation to provide much-needed tools for criminal 
investigations, such as wiretap authority and undercover 
operations. 
HAMILTON