HUMAN RIGHTS UPDATE: COURT UPHOLDS GERARDI

UNCLAS SECTION 01 OF 02 GUATEMALA 002563

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PHUM PGOV PINR KDEM GT
SUBJECT: HUMAN RIGHTS UPDATE: COURT UPHOLDS GERARDI
SENTENCE; NEW MURDER IN CHICHICASTENANGO


1. (U) Summary: The following is an update of significant
recent developments in human rights in Guatemala. Topics
include:

-- Constitutional Court Rejects Defense Request to Annul
Gerardi Sentence

-- Murder of Community Organizer in Chichicastenango

-- Ovalle Shooters Sentenced to Life

-- Pres. Portillo's Sister Under Investigation for Threats

End Summary.

Court Upholds Gerardi Sentence
--------------


2. (U) On October 1 the Constitutional Court denied a
request from defendants in the Gerardi murder case to annul
the verdict against them, and ordered the Fourth Court of
Appeals to resolve the appeals pending in that case. This
decision upholds an earlier decision on February 12, 2003, by
the Supreme Court, and reaffirmed the 30-year sentences for
ex-military officers Byron Disrael Lima Estrada and Byron
Miguel Lima Oliva for extrajudicial execution (a third,
Obdulio Villanueva was murdered in a prison riot in
February),and the 20-year sentence of Catholic priest Mario
Orantes Najera for complicity in the murder of Bishop Juan
Gerardi Conedera in April 1998. The appeals court may now
consider pending appeals from Orantes and the Bishop's Office
of Human Rights. MINUGUA issued a statement on October 2
praising the Court's decision and calling on judicial
authorities to resolve the appeals "in strict accordance with
the law" and called on the international community to
continue to monitor the case and push for complete
clarification of the crime.

Murder of Community Organizer in Chichicastenango
-------------- --------------


3. (U) On September 27, Eusebio Macario, a community
organizer, was murdered in Chichicastenango municipality,
Quiche province. Amilcar Mendez, founder of the indigenous
rights NGO, Council of Ethnic Communities Runujel Junam ("We
are all Equal") (CERJ) informed the Embassy of the crime on
September 29. He claims that Macario was a founding member
of CERJ. According to Angelica Macario, daughter of the
deceased, Macario had publicly criticized the FRG candidate
for mayor of Chichicastenango, Jose Tiriquiz Tiniguar, for
FRG corruption. According to Amnesty International, Macario
died from 8 shots in the village of Chulumal, 4 km. from the
town of Chichicastenango, apparently from a 9mm pistol.
Amnesty fears the murder may be in reprisal for CERJ's work
on behalf of victims of Guatemala's internal conflict. CERJ
is organizing communities of victims to obtain reparations
from the Government. Members of the International Peace
Brigade are accompanying CERJ leaders Mendez, Tomas Guarcas
and Ms. Macario, who is a candidate for city councilor for
the Guatemalan National Revolutionary Union party (URNG).
Eusebio Macario was helping his daughter to organize victims
of the internal conflict for the National Victims
Compensation Commission, and on September 21 participated in
a meeting to inform victims of their right to compensation
from the Government. Five days later, three unidentified men
reportedly asked local residents about the meeting and who
organized it, according to Amnesty International's Urgent
Action report on the case issued October 2.


4. (SBU) Public Ministry Special Prosecutor for Crimes
Against Human Rights Workers, Thelma de Lam, took up the case
on September 29, after we brought it to her attention. She
promised to share the results when they are available. On
October 1 de Lam told PolOff that Tiriquiz had threatened the
life of Macario in person three days before the crime took
place, in the presence of witnesses. The body may be exhumed
on October 2, if the autopsy proves incomplete. De Lam said
that, contrary to the claims of Mendez and the victim's
daughter, the victim's wife had told investigators that
Macario was never a member of CERJ or any other human rights
group, but instead was a member of the URNG political party.
She also disputed claims reported to us by Mendez that public
ministry investigators had not questioned the family of the
victim as of September 30. De Lam insists that her
investigators were on the scene on September 29. Mendez met
with de Lam and Attorney General de Leon to discuss the case
on October 1. The Robert F. Kennedy Memorial Human Rights
Center sent letters expressing concern about the case to
President Portillo and de Leon on the same day.


5. (SBU) Comment: We will closely monitor the results of
the investigation. End Comment.

Ovalle Murderers Sentence to Life
--------------


6. (U) On September 13, the First Penal Court found Ever
Lopez Gomez and Billy Rene Barrios guilty of the April 29,
2002 murder of Guillermo Ovalle, the accountant of the
Rigoberta Menchu Tum Foundation. The two were accused of
killing Ovalle during an assault in a Guatemala City
restaurant. One was apprehended carrying a weapon linked to
the attack.
President's Sister Under Investigation for Threats
-------------- --------------


7. (U) Press reported on September 23 that Edna Portillo,
President Portillo's sister, has been called for questioning
by the Public Ministry about the use of a government vehicle
assigned for her protection. The vehicle in question belongs
to the Presidential Guard (EMP),and was sighted on August 1
parked for five hours in front of the Forensic Anthropologist
Institute (FAFG). The vehicle also followed FAFG members
when they left their office. The FAFG has been the subject
of threats and intimidation for the past two years. The
Presidential Spokesman would not comment on the case, which
he called "a personal matter."


8. (SBU) Comment: Government sources claim Edna's son was
romantically involved with the sister of the FAFG director
and was upset when she broke off the relationship. We doubt
this fully accounts for the two years of mounting threats and
intimidation of the FAFG. End Comment.
HAMILTON