Identifier
Created
Classification
Origin
05GUATEMALA1890
2005-08-04 21:08:00
UNCLASSIFIED
Embassy Guatemala
Cable title:  

GUATEMALAN GOVERNMENT DENOUNCES ALLEGED THREATS

Tags:  PHUM ASEC ELAB EAID SNAR GT 
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This record is a partial extract of the original cable. The full text of the original cable is not available.

042108Z Aug 05
UNCLAS SECTION 01 OF 03 GUATEMALA 001890 

SIPDIS

E.O. 12958: N/A
TAGS: PHUM ASEC ELAB EAID SNAR GT
SUBJECT: GUATEMALAN GOVERNMENT DENOUNCES ALLEGED THREATS
AGAINST HUMAN RIGHTS ACTIVISTS


UNCLAS SECTION 01 OF 03 GUATEMALA 001890

SIPDIS

E.O. 12958: N/A
TAGS: PHUM ASEC ELAB EAID SNAR GT
SUBJECT: GUATEMALAN GOVERNMENT DENOUNCES ALLEGED THREATS
AGAINST HUMAN RIGHTS ACTIVISTS



1. Summary. The Guatemalan Government recently denounced
threats and intimidation against human rights defenders,
apparently in response to the widespread but unconfirmed
impression that such incidents rose dramatically in the first
half of 2005. If the self-reported statistics are reliable,
threats and burglaries have occurred in noticeably higher
numbers than reported last year. Nevertheless, many of the
incidents appear to be common crime to which the victims have
ascribed political motives without providing evidence of such
or a plausible rationale. Some skeptics have suggested that
NGOs deliberately exaggerate or even stage incidents to draw
attention to their causes and/or undermine confidence in the
Guatemalan Government. End summary.

More Break-ins in 2005?
--------------


2. Guatemala's National Movement for Human Rights received
15 reports of burglaries in human rights NGO offices in the
first half of 2005, compared with the 12 reports it received
during all of 2004. Most other organizations quote those
statistics. The Mutual Support Group (GAM) claims it
received 45 reports of illegal burglaries during the first
half of 2005, "the majority of them to social organizations,"
but has not provided details. According to Frank La Rue of
the Presidential Commission for Human Rights (COPREDEH),
civil society has reported 45 break-ins so far in 2005, but
only 15 have been reported by the media.


3. Of the 15 burglaries cited by the National Movement for
Human Rights, more than half were never registered with the
special prosecutor for human rights defenders. The Embassy
was able to confirm that formal complaints were filed in only
7 of the 15 cases. Of those that are reported, most are
never investigated, so there is no way to gauge how many are
legitimate. GAM had promised the Embassy a detailed report
of its independent investigations into the 45 break-ins it
has documented; however, during a July 29 breakfast meeting,
GAM's Mario Polanco and Carlos Say delivered a vaguely
written report, its few details quoted from the media. Say
had previously told the Embassy that most of the 45
victimized NGOs had filed complaints and that the GOG had

failed to investigate them. When asked directly why the
special prosecutor could confirm fewer than ten complaints
filed, Polanco and Say redirected their argument against the
government, claiming that most NGOs do not file official
complaints for fear or lack of confidence in the system.

An enemy with no clear membership, patterns, or goals
-------------- --------------


4. Human rights defenders report hundreds of threats or
attacks each year. They believe the break-ins and threats to
be the work of amorphous "clandestine security
organizations," which disguise themselves as common criminals
but leave behind tell-tale signs of their political motives.
The NGOs allege that burglars remove hard drives and paper
files while leaving behind cash and other valuable equipment,
and have concluded that the burglars are after data, not the
equipment itself.


5. In a May 24 joint letter to VP Stein, 21 organizations
asserted that clandestine groups are linked to "security
forces, especially military intelligence, organized crime,
and certain business sectors," and that such groups have
"diverse forms and motives." They believed there were
"structures that, with time, have perfected the use of
methods of intelligence, which operate using a complex
division of labor, which possess resources and usually
impunity." Regarding links with the government, they wrote,
"It would be difficult for such structures to be separate
from the state apparatus, to compete against it, or to be
completely unknown to it."


6. In a June 24 meeting with the Ambassador, human rights
leaders agreed that recent attacks showed patterns
reminiscent of the civil conflict and clearly pointed to
involvement by current or former members of state security
forces. In a July 18 conversation with poloff, GAM,s Carlos
Say reiterated that position. However, in a May 16 press
release, GAM stated "We are seeing patterns of attacks that
we have never seen before ... similar organizations receive
different kinds of attacks."


7. Also during the June 24 meeting, human rights leaders
expressed particular concern that the Center for Legal Action
for Human Rights (CALDH) had repeatedly been threatened and
victimized. In a June 22 letter to President Berger, CALDH
cited four incidents that occurred in June that they
interpreted as acts of political intimidation: a CALDH
vehicle was stolen in Guatemala city; the unattended car of
another CALDH worker was broken into and the radio and some
tools stolen while, on the same day, a man sharpened a
machete outside his small town home; another CALDH worker was
robbed on a bus; finally, the parents of a CALDH worker
called the telephone company to report phone problems and
were told their line had a "special intervention," which
could not be explained. In no case did the criminals refer
to CALDH's mission or cases and, with the exception of the
last incident, all are crimes committed regularly in
Guatemala.

GOG: Culpable or Incompetent?
--------------


8. No organization has accused the Guatemalan Government
directly of burglarizing offices or otherwise intimidating
human rights defenders; rather, they talk of "infiltration,"
"acquiescence" and, in nearly every case, "incompetence."


9. In a July 22 conversation with poloff, Maria Eugenia de
Sierra, Deputy Director of the Office of the Human Rights
Ombudsman (PDH),said the PDH sees evidence that threats are
on the rise and are having the effect of repressing the
activity of human rights organizations. However, the PDH
does not believe they reflect a government policy of
repression.


10. Congressional deputy Victor Montejo, former Presidential
Secretary for Peace, told poloff on July 19, "it's difficult

SIPDIS
to believe that the government cannot exercise any control
over these groups."


11. International NGOs have also been critical of the GOG.
Amnesty International issued a statement suggesting that the
current government at least tolerates, at worst sponsors,
organized aggression against human rights defenders. In its
July 6 Defender Alert, Human Rights First accused the
government of taking no action to investigate or protect
vulnerable human rights activists. In a May 19 letter to
Guatemala,s Attorney General, the InterReligious Task Force
on Central America wrote that it's well known that the
Guatemalan Government is anxious to suppress opposition to
CAFTA and reminded the GOG that it must allow human rights
defenders to act without restrictions or fear of reprisals.

Skeptics
--------------


12. Guatemala is a critical crime threat post with an
astonishingly high rate of violent crime. Impunity is
widespread. The conviction rate for reported crimes is less
than two percent. Because so much crime goes unreported, it
is impossible to determine whether human rights defenders are
victimized at higher rates than the general population.
Likewise, we cannot say that these crimes against human
rights defenders are investigated or prosecuted at a lesser
rate than crimes in general.


13. Too often, second-hand (and sometimes first-hand)
accounts are exaggerated or misinformed. The case of Sara
Poroj, an employee of GAM, is illustrative. In February, the
U.S. NGO Human Rights First sent out an email report that
while Poroj was working on an exhumation project, "an armed,
unidentified man entered her hotel room and held a gun to her
head, while others examined her work-related documents and
stood watch outside her room." Poloff contacted Poroj who
said that one man alone had twice entered her room. The
first time he left without incident. The second time he
waved a gun and repeated "It's you" several times before
leaving but did not touch her papers or other belongings.
The same night, a television and radio were stolen from one
of the hotel common rooms. Human Rights First also reported
that Poroj was "followed by a car for several hours... when
they returned to their hotel, armed men emerged from the
car." Poroj told poloff she believed a car followed her from
the work site to the hotel, but the men never left the car,
so she didn,t know if they were armed.


14. Some suspect NGOs of staging or exaggerating burglaries
and other crimes to dramatize their cause. For example, in
his June 24 column in Siglo XXI, Edgar Rosales accused human
rights organizations of politicizing burglaries "no different
than those perpetrated in any of our neighbors, houses," and
of seeking to exploit their encounters with common crime to
create the conditions necessary to justify the Office of the
High Commissioner for Human Rights, which opened in Guatemala
on July 1.

The Government of Guatemala's Response
--------------


15. Human rights organizations have called on the government
to investigate and to protect them against break-ins and
other threats. Vice President Stein in particular has
expressed concern and support for human rights defenders,
convened a meeting with leaders on the topic and, during a
May 26 visit to the Interamerican Commission on Human Rights
(IACHR),invited a representative to visit Guatemala. In
response to that invitation, OAS rapporteur Marisol Blanchard
visited Guatemala to meet with affected organizations and
left July 20. Minister of Government Carlos Vielmann has
also called on human rights leaders to meet with him to share
details and theories but claims to have received no response.
Human rights leaders told Ambassador Hamilton in a June 24
meeting that the GOG had provided perimeter security to
organizations that requested it, but that it was spotty and
ineffective.


16. The GOG has also taken steps to improve its image. On
July 17, it published a full-page communique in the leading
newspapers. In that message, written by COPREDEH and
approved by the Vice President, the GOG denounced threats and
violence, emphasized that the GOG is working to guarantee
security for all citizens, offered its support in
investigating all cases in which complaints have been filed,
and reiterated its adherence to Commitment VII of the
Comprehensive Agreement on Human Rights in Guatemala.
Finally, it called on human rights organizations to work
together with the government to find concrete solutions.


17. In addition to the July 1 opening of an office of the
U.N. High Commissioner for Human Rights, VP Stein and others
have begun to discuss how to revive the CICIACS initiative.


18. Comment: While some human rights defenders may receive
threats, the true scope of those threats as well as their
sources remain unclear. NGOs claim there is a well
organized, well connected network of clandestine groups with
the ability to mount coordinated attacks on human rights
defenders. However, after years of collecting statistics and
conducting investigations, these organizations are no closer
to forming a clear picture of the "clandestine security
apparatus" that haunts them. Likewise, some human rights
groups that claim harassment have yet to demonstrate that
they are currently working on anything that would provoke
threats or intimidation. Until human rights organizations
are consistent in filing official complaints with the Public
Ministry, and until the Public Ministry mounts effective
investigations of those complaints, we're left speculating.
Meanwhile, the GOG has begun to respond positively and
publicly, demonstrating a willingness to hear and support
human rights defenders--the challenge for the government will
be to follow up on those commitments. End comment.
WHARTON