Identifier
Created
Classification
Origin
05GUATEMALA376
2005-02-15 12:58:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:  

GANG VIOLENCE THREATENS GUATEMALAN SECURITY

Tags:  PINR SNAR KCRM PGOV PHUM PARM PTER SMIG MASS ASEC EAID KCOR KFRD 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.
UNCLAS SECTION 01 OF 07 GUATEMALA 000376 

SIPDIS

SENSITIVE
NOFORN

E.O. 12958: DECL: 01/26/2015
TAGS: PINR SNAR KCRM PGOV PHUM PARM PTER SMIG MASS ASEC EAID KCOR KFRD GT
SUBJECT: GANG VIOLENCE THREATENS GUATEMALAN SECURITY

REF: A. 04 STATE 227915

B. 03 GUATEMALA 2288

C. TEGUCIGALPA 0261

D. SAN SALVADOR 236

E. 04 SAN SALVADOR 2232

F. 04 TEGUCIGALPA 1843

G. 04 MEXICO 09185

UNCLAS SECTION 01 OF 07 GUATEMALA 000376

SIPDIS

SENSITIVE
NOFORN

E.O. 12958: DECL: 01/26/2015
TAGS: PINR SNAR KCRM PGOV PHUM PARM PTER SMIG MASS ASEC EAID KCOR KFRD GT
SUBJECT: GANG VIOLENCE THREATENS GUATEMALAN SECURITY

REF: A. 04 STATE 227915

B. 03 GUATEMALA 2288

C. TEGUCIGALPA 0261

D. SAN SALVADOR 236

E. 04 SAN SALVADOR 2232

F. 04 TEGUCIGALPA 1843

G. 04 MEXICO 09185


1. (SBU) SUMMARY. With the implementation of hardline
policies against gangs in neighboring Honduras and El
Salvador (reftels),Guatemala is searching for ways to combat
its own gang problem. The GOG blames the gangs for the
continued upswing in homicides, which have increased each
year for the last three. Gang membership, activity, and
violence are certainly on the rise. Estimates on the number
of youth associated with gangs in Guatemala vary wildly --
from 8,000 to 175,000. Though gangs are centered in the
capital, there are also reliable reports of activity
throughout the rest of the country. Gangs have organized
complex extortion operations, charging buses, taxis,
businesses, and even private citizens "war taxes" in
dangerous "red zones" of the capital. They also retail
narcotics and prey on illegal migrants on the border with
Mexico. They also constitute a serious problem for a
judicial system that already suffers from incompetence,
corruption, and intimidation. Programs aimed at prevention
and increased police professionalism could reduce some gang
violence. To combat gang activity in Villa Nueva (the
highest crime district in Guatemala City),AID and NAS have
complementary pilot programs involving collaborated efforts
between justice authorities, police, and community members,
along with intense training of the police on how to mount
complex investigations of gangs' organized criminal

activities. Ultimately, Guatemala needs to find transparent
methods to curb gang activity (and other organized crime) or
the public will call for hard-line repression. END SUMMARY.

Gory Violence: Attributable to Gangs?
--------------


2. (U) A woman's decapitated head was found wrapped in a
book-bag on a bus commuting through one of the most dangerous
neighborhoods in Guatemala City on the afternoon of January

22. Over the following days, body parts appeared around the
city. The victim was a 16-year-old girl, allegedly a member
of the gang Mara 18. This murder, like 97% of homicides in
Guatemala, will probably remain unsolved and the perpetrators
unpunished. And by no means is this an isolated event. On
any given day, you can glance at the front page of any of the
local tabloid papers and literally see multiple photos of
bloody corpses or bodies wrapped in nylon bags, evidence of
the, on average, 9 murders that take place daily in the
Guatemala City metro area. In a survey published by national
daily "El Periodico" on January 11, respondents
overwhelmingly identified public security as the biggest
problem facing Guatemala.


3. (SBU) Homicides increased by 6% in 2004, from 4,237 in
2003 to 4,507 (Source: National Civil Police (PNC)),
continuing a five year upswing. Murders of women (to which
the press dedicated front-page headlines throughout the past
year) also rose, from 383 in 2003 to 497 (Source: PNC).
(Note: Statistics vary widely from source to source. The
Supreme Court, which oversees all the national morgues,
reported that 3,038 individuals were murdered in 2002, 4,058
in 2003, and 5,069 individuals from January 1-November 30
2004, only 159 of whom were women. Daily "Prensa Libre"
reported that there were 3,325 murders in 2003, 4,346 in 2004
and 527 killings of women in 2004. We use the PNC numbers,
which are based on police reports, only to indicate
trendlines. End note.)

Gaping Holes in Intelligence
--------------


4. (SBU) An absence of reliable information hinders solid
analysis of gang activity in Guatemala. Though a few studies
have been conducted, their methodologies were not systematic
and the conclusions vary widely. Therefore, much of the
information available to us and local authorities is
anecdotal. Without inside sources, the National Civil Police
(PNC) has extremely limited data about the structure,
membership and criminal activities of gangs. A weak justice
system exacerbates the difficulty of gathering intelligence:
witnesses refuse to testify for fear of reprisals; police do
not methodically collect information from gang members in
custody; the police and prosecutors fail to investigate or
build prosecutions effectively; and crimes (committed by gang
members or other criminals) rarely lead to convictions.

Size and Locations
--------------


5. (SBU) Estimates on the number of gang members in
Guatemala vary wildly. The PNC have, in different reports or
public statements over the last six months, given estimates
ranging from 8,000 to 86,000. A study conducted by NAS and
the Executive Secretariat Commission Against Drug Addiction
and Trafficking (SECCATID) conducted in 2002 calculated that
between 68,000 and 97,000 Guatemalan youth had participated
in gangs. A (USAID-funded) NGO coalition for crime
prevention (APREDE) interviewed youth around the country in
early 2003 and estimated that at least 175,000 individuals
either belonged to or directly supported the gangs. Everyone
agrees, however, that membership is on the rise.
Additionally, there is open speculation that, following the
crackdown on gangs under Honduras and El Salvador's "mano
dura" (hardline) policies, many gang members from those
countries have moved their operations into Guatemala.


6. (SBU) The two most notorious gangs in Guatemala are the
Mara Salvatrucha and Mara 18 (both of which also exist in
neighboring Central American countries and the U.S.). But
numerous others have also been identified by police and NGOs
(including: Mara Five, Mara 32, the Wafers, the Cholos, the
Batos Locos, the Duendes). Gangs are most active in
Guatemala City and the surrounding suburbs (Mixco, Villa
Nueva, San Juan Sacatepequez). Police additionally estimate
that 7-10% of all gang members in Guatemala live in the
departments of Huehuetenango, Quetzaltenanago, and
Retalhuleu, along with smaller numbers in Totonicipan and
Chimaltenango. NGOs report some activity in southwestern
departments and other cities. Several of the eastern
departments -- where there are high levels of
narcotrafficking activity -- have few reports of gang
activity.

Organization
--------------


7. (SBU) Gangs in Guatemala are believed to be loosely
organized, and it is unclear how much internal discipline is
excercised. Small groups of "cliques" report to a leader.
Profits from gang activities are turned over to that leader,
who in turn provides material support and housing for all the
members under his control. In a NAS project in the Guatemala
suburb of Villa Nueva, police and NAS consultants believe
that a central figure oversees all the cliques in the area.
Unfortunately, we do not have any reliable information about
the strength of links between gangs in different regions of
Guatemala or the existence of a hierarchy of leadership
linked to the US, Mexico, or other Central American
countries.

Why Youth Turn to Gangs
--------------


8. (SBU) Similar to the dynamics in most of Central America
and the US, gangs in Guatemala are divided along clear
territorial lines. Youth generally join the gang that
controls their neighborhood. In 2003, the PNC reported the
following territorial divisions within Guatemala City:


Zone Gang Members
-------------- -------------- --------------
Zone 18 Mara 18 3540
Zone 5 Mara Five 2856
Zone 19 Mara Salvatrucha 1530
Zone 6 Mara 33 975
Villa Nueva Mara Salvatrucha 1985
Mixco Burguese 875
Sacatepequez Colos 990


In all of these areas, graffiti marks out gang territories.



9. (SBU) The after-effects of the civil conflict and other
social factors in Guatemala have influenced the increasing
number and power of youth gangs. Poor access to education,
endemic poverty, and lack of job opportunities make crime an
attractive economic option. As has been amply reported,
experienced gang members deported from the US in the 1990s
quickly reformed their criminal organizations in Guatemala.
New deportees add to the growth of gangs.


10. (U) Approximately a quarter-million guns left in private
hands after the civil conflict provide a cheap and easily
obtained supply of weapons. Adult Guatemalans who immigrated
illegally to the US over the past twenty years left behind
thousands of children with broken families. Domestic
violence and child abuse push alienated youth with no social
support into gangs. (Note: According to a micro-study by
APREDE, 98% of gang members have suffered domestic abuse and
30% were victims of sexual abuse.)


11. (U) NGO representatives tell us that, for Guatemalan
youth facing these social obstacles, gangs are frequently the
only option. They offer children (the illusion of) security,
a social identity, a sense of belonging and power, and the
ability to earn easy money. According to APREDE, Guatemalan
gangs recruit children as young as 6, but most frequently
youth (primarily males) from 13-15. By the age of 21, many
gang members have been killed in territorial wars or in other
violence. Therefore, gangs need to replenish membership
constantly, which they are doing easily. In October 2004,
Casa Alianza (Covenant House),an NGO that works with abused
children, reported to PolOff that the number of children
living on the streets of Guatemala City had decreased
significantly due to increased gang recruitment.


12. (U) Impunity in a weak justice system offers a free
field and almost certain escape from punishment for any
criminal enterprise. Guatemala currently has a 36 per
100,000 homicide rate, but less than 3% of violent criminal
offenses result in investigation, trial, and conviction.
With little expectation of punishment, gangs are uninhibited
by government measures. Newspaper "Siglo XXI" recently
reported the case of a 26 year-old gang member who has been
arrested 27 times since 1995 for robbery, drug possession and
illegally carrying a weapon -- but, for "lack of evidence,"
has never been brought to trial.

Deadly Initiations and Impossibility of Resignation
-------------- --------------


13. (SBU) In order to become a full member of a gang, youth
generally must complete an assigned task, which include
bloody murders, rapes, or other violent crimes. Many tattoos
symbolically represent incidents of delinquency (i.e. a tear
drop represents a murder). According to APREDE, CEIBA (two
organizations that work directly with currently and former
gang members),and NAS consultants, once initiated, members
are reportedly allowed to drop out of gang activities for
only one of two reasons: family or religion. If a member's
wife or girlfriend has a child or if they become active
members of an Evangelical church (notably, participation in
the Catholic faith is not considered sufficient cause for
leaving the gang),they are permitted to step down. However,
these individuals reportedly retain their association and
loyalty to the gang. Apart from these justifications, gang
members are never allowed to quit. Those who try are quite
often tortured and killed. Ex-members who try to hide
elsewhere in Guatemala or Central America are frequently
located and murdered.

The New Mafias: Extortion Tactics
--------------


14. (SBU) President Oscar Berger and Minister of Government
Vielmann recently claimed that up to 80 percent of violent
crime committed during 2004 in Guatemala was attributable to
gangs. Although it is unlikely that the GOG has collected
enough reliable intelligence to legitimately back up that
claim, the PNC and APREDE have found that 18-22 year-old
males are the most common criminal aggressors. Though
tattoos can assist in identifying gang members, we have
received anecdotal reports that Guatemalan gangs are now
purposely leaving some recruits unmarked in order to
infiltrate other levels of society.


15. (SBU) Gangs have organized widespread and thorough
extortion schemes, demanding money, or "war taxes," on a
daily basis from market vendors, taxi drivers, small family
stores, large corporations, and even neighborhood residents.
By focusing on petty crimes on a broad scale and using minors
to commit many of the misdemeanor acts, the gangs minimize
arrests and prosecutions (which are already almost
nonexistent) and maximize profits in extortion.


16. (SBU) In Villa Nueva, an outlying suburb of Guatemala
City, NAS estimates that gangs earn up to almost $1.7 million
(13.5 million quetzals) annually through extortion. The gang
has at least 1500 extortion posts in one market, each of
which earns $3-$12 (20-100 quetzals) daily. The gangs
operate extensive intelligence systems and monitor major
purchases and sales in their territory. As soon as residents
have cash on hand, gangs move in and steal it. If the police
interfere, the gang members return to collect twice as much
from the person originally extorted and to beat and/or kill
him.

Gangs Mix with Drugs and Migration
--------------


17. (SBU) Gang members are major consumers and retailers of
drugs. However, with the exception of occasionally acting as
the "muscle" for existing narcotraffickers in local
operations, we have not seen evidence that Guatemalan gangs
have become involved in the international drug trade ) yet.
(Comment: Based on the organized, Mafia-like structures that
Central American gangs are developing internationally, the
next step for them could be to move into managing major
trafficking operations of drugs and arms. End comment.)


18. (SBU) There have been press reports that Guatemalan gangs
regularly benefit from illegal migration by preying on
migrants on the border with Mexico. In addition, APREDE
claims that 95% of gang members deported from the US return
within 10 days of their arrival in Guatemala, usually acting
as a "coyote" for 2-3 other members to finance their trip.
We have also heard that gang organizations have taken control
of illegal immigration routes for regular immigrants, but
have no evidence to verify this information.

No Known Gang Links to Al Qa'ida
--------------


19. (SBU) Though we are aware of reports from Honduras about
possible links between Al Qa'ida and Central American gangs,
we see no evidence of this.

Obstacles for Police and Prosecutors
--------------


20. (SBU) The PNC have few resources to employ against
organized crime structures like the gangs. The police force
is understaffed, underpaid, and poorly trained and motivated.
In 2004, there were 21,382 PNC officers, but a UNDP
contractor told PolOff in November 2004 that only 5,000
officers were on active duty nationwide at any given time.
On average, officers earn 2,500 quetzals a month ($312).
Prensa Libre, the largest daily in Guatemala, recently
reported that narcotraffickers will pay PNC officers up to
15,000 quetzals ($1,875) a month in bribes. Gangs also can
and certainly do use either bribery or intimidation against
the police, especially interactions with officers and chiefs
on a local level. In addition, some areas of Guatemala City
are so violent that the police won't even enter.


21. (SBU) Joint police-military patrols of "red zones" in
Guatemala (a former practice brought back by the Berger
administration in early 2004 in response to increasing public
outcry over violence in the capital) may deter open violence
while they are present. However, though it is a strong
collaborator with the U.S. on drug trafficking and alien
smuggling, the GOG struggles with effective investigation and
prosecution of crime.


22. (SBU) The Guatemalan Constitution requires that a
court-issued arrest warrant be presented to a suspect prior
to arrest unless he is caught in the act of committing a
crime. Police may not detain a suspect for more than six
hours without bringing the case before a judge. Once a
suspect has been arraigned, the prosecutor generally has 3 to
6 months to complete his investigation and file the case in
court or seek a formal extension of the detention period.


23. (SBU) Many arrests of youth made by the police are based
on suspicion or visible evidence of participation in gangs
(i.e. tattoos). The charges are often minor and arbitrary,
such as misdemeanor drug consumption, public scandal, public
drunkenness, or misdemeanor assault. In practice, arresting
officers frequently fail to satisfy legal requisites for
prosecution, particularly in arrests of gang members, so
charges rarely stick.


24. (SBU) Also, judges are generally more lenient with
youth, including gang members, than adults. The NGO
Institute of Comparative Legal Studies reports that the
majority of youth arrested on drug charges is released in
8-10 days. Forty percent remain in detention for the full
phase of investigation (three months). At this stage,
neither the police nor the prosecutors of the Public Ministry
(MP) are building effective legal cases against the organized
activities of gang members. Therefore, gang members are
frequently shuffled through the legal system, but are rarely
imprisoned for substantial amounts of time.

Prisons Facilitate Gang Recruitment
--------------


25. (SBU) Guatemalan prisons are, to a significant degree,
run by the prisoners. Sixty percent of those incarcerated
are in pretrial detention and remain in prison up to six
months. According to the national penitentiary system, there
were 8,698 detainees being held in 40 prisons and jails
throughout the country in 2004, though the official capacity
of the system was only 6,974. The average guard-to-prisoner
ration is 1 to 18.


26. (SBU) Both the Institute for Comparative Legal Studies
and the leadership of the penitentiary system itself reported
to PolOff that discipline in Guatemalan prisons is handled
primarily by detainee "Committees of Order and Discipline."
There are widespread reports of corruption among prison
guards and the so-called "Committees." According to the
Institute, detainees who cannot pay "initiation fees" or
other bribes are subject to abuse and beatings by fellow
prisoners.


27. (SBU) Deplorable conditions in the prisons make them a
powerful breeding ground for gang recruitment of minors and
young adults. Youth who are not yet gang members and are
imprisoned for brief stints, sometimes based on arbitrary
arrests, are sent into dangerous situations, where gang
membership can offer life-saving protection. Instead of
eliminating gang activity, the constant flow in and out of
the prison system (due to the inability of the system to
sentence suspects),in effect, exacerbates the problem of
gangs and increases membership. Therefore, the imprisonment
of gang members as an isolated measure is unlikely to succeed
in reducing gang activity.

Gang Members: Victims of Violence?
--------------


28. (SBU) In addition to being the most common criminal
aggressors, males aged 16-25 are the most frequent victims of
homicides. In 2004, 41% of all murder victims (1830 of 4507)
fell within this age range. Therefore, the increasing rates
of violent crime in Guatemala suggest that gangs may be
growing larger and more violent ) against each other as well
as against the public. In addition, prosecutors from the
Public Ministry and some NGOs have theorized that some of the
increase in murders of women can be attributed to growing
female participation in gangs and other criminal enterprise.


29. (SBU) Some Guatemalan NGOs, such as APREDE, the
Institute of Comparative Studies and CEIBA, allege that the
PNC exaggerate the power gangs actually have, and that
organized crime is, in fact, orchestrating much of their
activity to distract security forces. They also claim that
the police frequently arrest and abuse youth without the
benefit of evidence. The PNC's Office of Human Rights
reported to PolOff that the most common complaints against
police officers are illegal arrests and planting fake
evidence. In January 2004, MINUGUA reported one case in
which a former gang member and another man were found shot to
death after reportedly receiving threats from the police.
The following day, a witness to the murder was also found
killed. Some human rights activists, including influential
Congresswoman Nineth Montenegro (ANN),have wondered aloud to
PolOff whether elite businessmen hire police or others to
undertake "social cleansing" against suspected gang members.
MINUGUA also speculated in their final report (August 2004)
that the PNC committed incidents of "social cleansing," but
did not provide details to defend the allegation.

USG Efforts Focused on Gangs
--------------


30. (SBU) We have long recognized this growing problem and
are searching for the most effective methods to combat gangs.
In the last two years, NAS and AID have begun a pilot
project, the coordination of programs in Villa Nueva
(mentioned in paras 4, 5, and 16) that target the
investigation, and prosecution of crime. Since gangs are a
serious problem in Villa Nueva, this issue receives much
attention and special focus. Though it is too soon to be
certain about the impact of our efforts, if they prove
successful, the Guatemalans and we will certainly want to
expand these programs.


31. (U) AID has a justice center in Villa Nueva (one of
fifteen that they support around the country) that brings
together prosecutors, police leadership, NGOs, the courts,
and community members-at-large to improve coordination in the
justice sector and synergize everyone's efforts to combat
violence with a particular focus on gangs. These programs
aim to combine improved police training and tactics with
better coordination between the justice sector and the
community to control violent crime, with special attention to
gangs.


32. (U) APREDE began as a coalition of NGOs that focuses on
crime prevention and rehabilitation of gang members (it has
since become independent). USAID has supported the
organization for two years. APREDE is one of the only
organizations that works directly with Guatemalan gang
members and is, as such, a valuable source of information.
Their projects work with over 750 ex-gang members or youth
identified as at-risk in Antigua, Guatemala City, Villa
Nueva, San Marcos, Huehuetenango, and at a former
presidential retreat, now a youth training center, in the
department of Escuintla. The projects focuses on providing
options to participation in gangs: job training, arts and
recreational activities. Through the President's Commission
on Human Rights, the Government has given the Coalition some
material support, and one of President Berger's first
official acts was the inauguration of APREDE's "Casa Joven"
(Youth House) in Guatemala City.


33. (U) NAS has created a Model Precinct Project with the
PNC force in Villa Nueva. NAS staff and other consultants
have provided intense training to improve the PNC's
investigative capacity, particularly in the investigation of
the gangs' structure and operations. The police in Villa
Nueva are learning how to build a complex, RICO-style case
against an entire gang organization for extortion and violent
crime.

GOG Focuses on Gangs
--------------


34. (SBU) The PNC recently told NAS that they have formed a
Crime Prevention Unit (UPREDE),which will make contact with
and transparently monitor the activities of up to 4,000 gang
members with records of multiple arrests.


35. (SBU) Congress is currently considering several
proposals to deal with gang-related crime. One gives police
a broad mandate to arrest suspected gang members and sets
6-12 year jail penalties for any type of association with
gangs. Another authorizes preventative measures with
high-risk populations and disarmament and rehabilitation
measures for youth associated with gangs. A third,
introduced at the beginning of February, specifically
criminalizes extortion of bus drivers, grants police the
authority to use undercover agents to infiltrate gangs, and
authorizes other anti-gang measures, including greater
discretion for judges to expedite criminal proceedings
against racketeers. The bill also allows minors (12-18) to
be tried as adults for violent crimes.

Conclusions
--------------


36. (SBU) Guatemala's efforts to confront gangs are limited
by lack of information and capacity to pursue complex
criminal investigations. GOG efforts in Villa Nueva are a
beginning, but the MOG and Public Ministry realize that these
must be stepped up considerably. There is a shortage of
trained investigators, and the police lack the computers and
relational databases necessary to analyze such information.
There is also no capacity to share information regionally: a
necessity in a region where gang members cross borders with
ease. Police and prosecutors are open to developing the
needed capabilities, but they will need our help to do so.
Further information is vital in order for the GOG or USG to
develop effective strategies to combat gang violence.


37. (SBU) The social problems that cause youth to join
violent gangs are highly complex, so no isolated measures
will significantly curb their activities. However, programs
aimed at improving police professionalism in building
concrete cases against youth and appropriate treatment of
gang members would help, as would continued reforms and
training of the Public Ministry. Prevention programs like
APREDE and efforts to reform control of the prisons could
also have a positive impact. We could use additional ESF
funding to develop and expand these types of programs and are
again requesting additional funding in our MPP submission.


38. (SBU) Ultimately, though, gangs are likely to expand
until Guatemala improves its justice system. Guatemalan
gangs demonstrate unrestrained violence, the potential to
increase membership (typical throughout Central America),and
the capability to expand into major drug, migrant, and
weapons trafficking. They threaten Guatemalan stability. In
addition, if local gangs are or become tightly organized with
their American and Central American counterparts, their
activities jeopardize our own security.


39. (SBU) At this time, none of the legal initiatives under
consideration by the Guatemalan Congress is close to
approval. However, continued public outcries about crime
could easily push them to the top of the agenda. The
potential for increased human rights abuses in Guatemala
exists if the public, frustrated by the weak justice system
and rising crime rates, chooses a candidate in the 2007
elections who, under the pretext of fighting violence, would
give the police a free rein to crack down.
HAMILTON