SUPPORT REQUEST FOR HUMAN RIGHTS PROSECUTOR

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