US embassy cable - 03GUATEMALA1806

UNCLAS GUATEMALA 001806 
 
SIPDIS 
 
DEPARTMENT FOR DRL A/S CRANER AND DWALTERS 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, EAID, KJUS, GT 
SUBJECT: SUPPORT REQUEST FOR HUMAN RIGHTS PROSECUTOR 
 
REF: 02 GUATEMALA 3269 
 
1.  This is an action request for DRL.  See para 8. 
 
2.  Summary:  Attorney General Carlos De Leon has requested 
USG support for the Public Ministry's Office of the Special 
Prosecutor for Crimes Against Human Rights Workers.  De Leon 
cited the Public Ministry's resource constraints and the 
critical role the Special Prosecutor's office is playing in 
defense of human rights workers.  Thelma Pelaez De Lam, the 
new Special Prosecutor, has also expressed concern that she 
does not have adequate funding to achieve her mission of 
bringing to justice those who threaten the lives of human 
rights workers.  We consider De Lam an energetic new GOG ally 
in the fight against impunity and believe providing USG 
support to her office could significantly improve the climate 
of human rights in Guatemala.  End Summary. 
 
3.  At a meeting with the Ambassador on June 27, Attorney 
General Carlos De Leon requested USG support for the work of 
newly named "Special Prosecutor For Crimes Against Human 
Rights Groups, Indigenous Groups, Civil Society and NGOs," 
Thelma Pelaez Pineda De Lam.  De Leon noted that De Lam's 
energy and courage had already led to successful 
investigations and the arrest of suspects in the case of 
murdered human rights activist, Manuel Garcia de La Cruz 
(Reftel), and that her investigations into the murders of 
three other human rights workers unveiled suspicions of 
police involvement in the crimes.  De Leon said that De Lam 
is exposed, and his office doesn,t even have funds to 
adequately meet the equipment needs she has to carry out the 
job.  He asked that the USG give consideration to providing 
equipment support to her office. 
 
4.  In meetings with HROff on June 10 and 23, De Lam said she 
had initially operated with a staff of only three until early 
June when her staff jumped to 24.  However, De Lam had yet to 
receive a paycheck and her staff had not been reimbursed for 
investigation expenses. She lacks computers, adequate 
transportation, and support from auxiliary prosecutors.  By 
virtue of her sensitive position, De Lam,s security is in 
jeopardy and she is regularly escorted by a three-person 
security detail. 
 
5.  De Lam gave HROff a list of items that would aid her 
office in successfully prosecuting human rights violators. 
The list included:  four 4x4 vehicles in order for her to 
carry out investigations simultaneously in rural areas; three 
laptop computers and a printer to document and report 
information while on the road and before rural tribunals; ten 
desktop computers with printers for the office; and various 
courses in investigations, ballistics, criminology, 
pathology, crime scenes, interrogation, and others for her 
team. 
 
6.  NAS has agreed to include De Lam's investigators in 
training program as appropriate and USAID is also seeking 
funding to support De Lam,s office. 
 
7.  Lack of resources impedes this key GOG office from 
conducting thorough investigations, handling evidence, and 
successfully prosecuting human rights violators. 
Nevertheless, De Lam has indeed been making credible progress 
in important investigations.  Increased funding and resources 
would enable the Special Prosecutor to investigate and 
prosecute more cases and thereby advance our human rights 
agenda here by bringing to justice those who threaten or take 
the lives of human rights defenders. 
 
8.  ACTION REQUEST:  Embassy requests special Department 
funding to provide material support requested by De Lam in 
para 5.  We estimate that at relatively low cost to the USG, 
we can help the GOG achieve disproportionate results.  We 
estimate that providing all the material requested would cost 
$200,000.  However, lower levels of support would also 
substantially add to the Special Prosecutor's investigative 
and prosecutorial productivity. 
 
9.  For example, with a USG grant of $85,000, De Lam could 
purchase 2 vehicles ($35,000 ea.), 3 laptops ($2000 ea.), 7 
desktop computers ($1000 ea.), 4 printers ($300 ea.), and 
$800 worth of training materials and classes.  This level of 
support would permit De Lam and her team to conduct 
simultaneous investigations (versus the current serial 
efforts she is making) in rural areas where 90% of crimes 
again human rights workers take place. 
 
10.  A lesser grant of $45,000 would purchase one vehicle, 2 
laptops, 5 desktops, 3 printers, and leftover funds for 
classes and training materials. 
HAMILTON