GUATEMALA: UN OPEN TO PROPOSALS FOR AN ALTERED

UNCLAS GUATEMALA 002840

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PHUM PGOV GT
SUBJECT: GUATEMALA: UN OPEN TO PROPOSALS FOR AN ALTERED
CICIACS

REF: A. GUATEMALA 1929 AND PREVIOUS


B. GUATEMALA 2180


1. (U) Summary: Attorney General Juan Luis Florido met with
UN/DPA representative Martha Doggett on October 28 to discuss
his proposal for a new Special Prosecutor on Organized Crime
and Clandestine Groups, designed to complement an eventual
CICIACS. According to Doggett, who spoke to PolOff November
4, she referred Florido to other UN agencies for the type of
technical assistance that he requested. The UN remains open
to Guatemalan plans to redesign CICIACS to work within the
confines of the Constitutional Court's August 6 ruling (Ref
A). PolOff met with Frank LaRue, Chief of the President's
Commission on Human Rights (COPREDEH) on November 5, who said
that President Berger had authorized at least three
Guatemalan institutions to develop alternative CICIACS
proposals and that the President would choose the Executive's
unified strategy from among these. End Summary.


2. (SBU) Attorney General Florido proposed to Doggett that
the UN offer technical assistance to a new CICIACS-model
Special Prosecutor's Office on Organized Crime and
Clandestine Groups (note: the Public Ministry, i.e. Attorney
General's Office, already has one office specifically
dedicated to organized crime). When asked how this new unit
would differ from other existing units on human rights,
corruption, and organized crime, Florido stated that it would
investigate clandestine groups. To Doggett, Florido did not
clearly distinguish between the existing entities in the
Ministry and his proposal. Florido clarified to Doggett that
he intended this assistance to eventually complement a
redesigned CICIACS, not replace it, since CICIACS itself
would take at least several years to negotiate and establish.
He made no proposed changes to CICIACS itself.


3. (U) Doggett told Florido that several UN bodies with
specific expertise offer technical assistance, including the
UNDP, UNODC (Office on Drugs and Crime),and UNHCHR. She
recommended that he speak further directly with these
agencies about his idea. (Comment: DPA was originally
designated to handle the UN negotiations on CICIACS because
it oversees MINUGUA, but Doggett told PolOff that her office
could not work on other technical projects.)


4. (SBU) The agreement between the UN and GOG to establish
CICIACS will expire at the end of 2004. In addition to
Florido's proposal, the head of SAE (Secretariat of Strategic
Analysis) called DPA and said that he had been tasked with
redrafting CICIACS. Overall, Doggett expressed confusion
about who in the Government was in charge of CICIACS and
frustration that, while Berger has expressed determination in
several meetings with the UN to redesign CICIACS following
the Court's decision, the Executive has not yet returned with
a plan. However, she tempered her frustration with the
assertion that the UN would still be interested, at the
political level, when the GOG did present a unified proposal.



5. (SBU) On November 5, head of COPREDEH, Frank LaRue, told
PolOff that Florido's proposal to the UN was his alone and
did not represent the Executive's position. According to
LaRue, Berger has authorized at least three agencies,
including the Public Ministry, SAE, and COPREDEH, to develop
new strategies for CICIACS. Berger plans to evaluate the
proposals in December. LaRue will propose a Guatemalan
Special Prosecutor who works within the Public Ministry, but
is supported by international staff.


6. (SBU) Comment: The UN can easily extend the deadline for
CICIACS before year's-end or reopen it in 2005. Even more,
they're willing to do so if the Berger Administration
continues to demonstrate determination to create CICIACS and
presents a well thought-out and cohesive strategy for
revising the proposal.
HAMILTON