US embassy cable - 05GUATEMALA2261

C O N F I D E N T I A L GUATEMALA 002261 
 
SIPDIS 
 
E.O. 12958: DECL: 09/24/2015 
TAGS: PREL, PARM, SNAR, KCRM, PHUM, EAID, GT 
SUBJECT: AMBASSADOR CALLS ON GUATEMALAN VP STEIN 
 
 
Classified By: Amb. James Derham for reasons 1.4 (b) & (d). 
 
1. (C) Summary and introduction:  During his introductory 
call on Guatemala VP Stein, the Ambassador urged the GOG to 
push for congressional ratification of Article 98 ahead of 
the Rome Statute.  To strengthen Guatemala's ability to 
dismantle organized crime, the Ambassador made a pitch for 
legislation to authorize modern investigation and 
prosecutorial tools.  The Ambassador asked that the GOG 
investigate threats made against AID-funded exhumers and 
provide them protection.  Stein welcomed the Ambassador to 
Guatemala, stressing that the U.S. had a friend in the 
Guatemalan Vice Presidency.  End summary. 
 
2. (C) Stein opened the hour-long meeting in his office 
September 12 by stressing that the Ambassador could count on 
him "the same way that Guatemala has learned to count on the 
United States."  Stein underscored the Berger 
Administration's appreciation of excellent working relations 
with the Embassy and desire to maintain those.  He said that 
Berger, perhaps because of his experience as two-time mayor 
of Guatemala City, preferred to deal with the issues of the 
day, tasking Stein with issues of process and planning. 
 
3. (C) The Ambassador urged the GOG to push for congressional 
ratification of Article 98 ahead of the Rome Statute.  He 
said we were concerned by reports of a renewed push in the 
Congress to ratify the Rome Statute.  The Ambassador reminded 
Stein that if Guatemala ratified the Rome Statute without 
having ratified first our Article 98 agreement, the 
Nethercutt Amendment and ASPA sanctions would kick in, 
suspending ESF and other assistance.  Stein said he was a 
firm supporter of the ICC and opposed the Article 98 
agreement but understood the need to approve Article 98 
before the Rome Statute.  Stein insinuated that Article 98 
was being held up by differences within the opposition FRG 
party. 
 
4. (C) The Ambassador noted our appreciation of cooperation 
to combat organized crime, including narcotics trafficking 
and alien smuggling.  He made a pitch for legislation to 
authorize modern investigation and prosecutorial tools, such 
as wiretaps with judicial oversight, controlled deliveries, 
undercover operations and an anti-conspiracy law.  Stein said 
the Berger administration also supported these measures with 
the appropriate safeguards.  He then cautioned the Embassy 
not to lobby too forcefully for these reforms lest there be a 
backlash, noting that on this type of issue Latin Americans 
often bridled at doing the bidding of the U.S. 
 
5. (C) The Ambassador expressed concern about recent threats 
against the staff of the AID-funded Guatemala Forensic 
Anthropology Foundation (FAFG), which has been working on 
high-profile exhumations of massacre victims from the 1980s 
and 1990s.  The Ambassador urged the GOG to investigate the 
threats and provide protection to the FAFG. Stein recalled 
that he was the first high-level GOG official to visit an 
FAFG exhumation in progress and that he was moved by the 
experience. 
 
6. (C) Stein confirmed to the Ambassador that he was 
spearheading an effort to revive CICIACS within the 
constitutional confines outlined by the courts in 2004.  He 
noted strong resistance from Public Ministry prosecutors who 
felt threatened by CICIACS encroachment on their turf.  In an 
aside, Stein commented that he had come to the conclusion 
that the original CICIACS agreement had been negotiated in 
bad faith by former President Portillo's foreign minister, 
Edgar Gutierrez.  Stein noted that the constitutional 
conflicts in the agreement were so glaring that they must 
have been intended as "poison pills" to sabotage CICIACS.  He 
pointed out that even though Portillo's administration had 
negotiated with the UN the CICIACS agreement, Portillo's 
party (after the change of government) led the charge against 
CICIACS. 
DERHAM