BAD BLOOD BETWEEN OMBUDSMAN AND PROSECUTOR:

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 002441

SIPDIS

E.O. 12958: DECL: 09/18/2013
TAGS: PHUM PREL KJUS SNAR GT
SUBJECT: BAD BLOOD BETWEEN OMBUDSMAN AND PROSECUTOR:
HARMLESS TURF BATTLE OR A THREAT TO HUMAN RIGHTS
INVESTIGATIONS?

REF: GUATEMALA 2221

Classified By: Human Rights Officer Katharine Read, reason 1.5 (d)


1. (U) Summary: In the wake of the break-in at the Human
Rights Ombudsman's Office on August 26 (reftel),a dispute
over the motivation for the break-in erupted between the
Public Ministry and the Ombudsman's Office. This dispute has
divided opinion of human rights groups and threatens to
permanently damage the working relationship and credibility
of two key GOG institutions charged with defending human
rights. End Summary.


2. (U) On August 26, the Human Rights Ombudsman's Office
(PDH) was burglarized and two computers were stolen. In the
days that followed, the Ombudsman, Sergio Morales, and others
in the domestic and international human rights community
denounced the act as a flagrant attempt by the FRG and
shadowy clandestine forces linked to the military to
intimidate the PDH. EmbOffs visited the PDH and met with
Morales to show solidarity and concern.


3. (U) In addition to asserting a political motivation behind
the break-in, Morales criticized the Public Ministry for
being slow to respond and claimed that the Special Prosecutor
for Crimes Against Human Rights Workers, Telma de Lam, was
not properly investigating the case. He implied that De Lam
had curtailed her investigation due to political pressure and
cited the fact that she has personal ties to the military
through her father. (Note: The fact that De Lam's father was
a colonel in the army has been widely known since her
appointment, and never seemed to concern human rights
activists. End Note.)

Attorney General Defends Troops
--------------


4. (U) Defending De Lam, Attorney General Carlos de Leon
issued public statements calling Morales "irresponsible" for
levying accusations against the integrity of the Public
Ministry. De Lam told the press that she had been to the PDH
the day that the burglary occurred, and that she had
apprehended four of the suspects in what she characterized a
common crime. De Leon also hosted a public event showcasing
the advances of De Lam's office, including the investigations
of the PDH break-in and Chimaltenango Auxiliary Ombudsman's
murder, to show his institution's commitment to getting
results in human rights cases.

Human Rights Groups Divided
--------------


5. (C) Sensing trouble, HROff met with human rights defenders
Helen Mack and Claudia Samayoa on September 4 to discuss the
clash between these two key human rights activists. Mack
said that she respects the work that De Lam has done to build
and professionalize her office, especially by developing a
"rapid response" capacity to investigate crime scenes shortly
after an attack. Mack and Samayoa both agreed that, while
Morales is well-intentioned, he is damaging the credibility
of all human rights defenders when as now, they implied, he
"cries wolf," especially when the Public Ministry is finally
developing a capacity to investigate threats against and
attacks on the human rights community. They agreed, with
HROff's suggestion, to recommend that Morales keep further
conflicts with De Lam and the Public Ministry out of the
press. Mack said that if Morales continued to "bash" De Lam,
she would ask MINUGUA to release its independent verification
of the PDH burglary, which she believed would support De
Lam's version of the facts.


6. (C) Not everyone in the human rights movement shares Mack
and Samayoa's opinions. Human rights leaders Frank LaRue
(CALDH) and Mario Polanco (GAM) told us privately that they
believe that Morales was wrong to make aggrandizing and
fictitious statements to the press about the burglary, but
they publicly support the work of the PDH and have made
statements to the press suggesting that De Lam's military
background was cause for concern.

MINUGUA Staying out of the Fray
--------------


7. (C) MINUGUA representative David Bahamondes told HROff
that they will not be releasing a verification report unless
absolutely necessary, to avoid publicly taking sides in this
dispute. Bahamondes said that MINUGUA privately believes
that the break-in was not a political attack on the PDH, as
Morales claims, but that MINUGUA would not attribute the
attack to common crime either.

Embassy Attempts to Calm the Storm
--------------

8. (C) The Ambassador met with Attorney General De Leon in
the days following the break-in, and urged De Leon to support
De Lam without further provoking the Ombudsman; the USG is
committed to seeing both institutions cooperate and succeed.
DCM and HROff attended the Public Ministry's event showcasing
De Lam's work, after cautioning Public Ministry spokeswoman
Ana Lucia Alejos and De Lam herself that we would not support
further mudslinging. HROff raised concerns about political
influence and military linkages with De Lam, and said that we
would continue to support her office politically and
financially as long as she conducted complete, impartial
investigations. De Lam responded that she would quit the day
she felt her investigative independence compromised.

Comment
--------------


9. (C) The Ombudsman and the Special Prosecutor for Crimes
Against Human Rights Workers are among the most critical
state institutions for safeguarding the security of human
rights defenders in Guatemala. This public tiff only damages
their credibility, and forces the historically fractured
human rights movement to chose sides. We will continue to
encourage both institutions to work together and resist the
temptation to turn their differences of opinion into national
news.
HAMILTON