GUATEMALAN PROSECUTORS APPEAL RIOS MONTT DECISION

UNCLAS GUATEMALA 000247

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KJUS KCOR GT
SUBJECT: GUATEMALAN PROSECUTORS APPEAL RIOS MONTT DECISION

REF: GUATEMALA 00198


1. (U) Summary. The Guatemalan Public Ministry is appealing
a judge's decision to dismiss charges of threats, coercion,
sedition, and involuntary manslaughter against FRG leader
Rios Montt. It claims the judge was wrong to dismiss the
case rather than respond to the prosecutor,s request for
"provisional closure." End Summary.


2. (U) On February 3, under instructions from Chief
Prosecutor Juan Luis Florido, the Public Ministry asked the
Third Court of Appeals to overturn Judge Victor Herrera's
decision to dismiss charges against Rios Montt. In their
appeal, prosecutors noted they had only asked the judge for
"provisional closure" and that, by dismissing the case, Judge
Herrera had exceeded their request. Provisional closure (or
deferred adjudication) would have allowed prosecutors to
continue investigation and, if more evidence were collected,
to reopen the case; dismissal closes the case permanently.
Attorneys for the family of Hector Ramirez, the journalist
who died of a heart attack while fleeing rioters, filed
separate appeals as co-plaintiffs.


3. (U) Additionally, both the Public Ministry and the private
attorneys are appealing sentences against 15 others who
received 18 months prison, commutable to a fine, for illegal
assembly. They argue that the judge should have imposed two
years' imprisonment, commutable to a fine, as requested by
the prosecutor.


4. (SBU) Comment: Responding to harsh press criticism, the
Public Ministry's decision to appeal is an about-face from
its initial effort (reftel) to cast Judge Herrera's decision
as the best possible outcome. Media pundits en masse sought
to portray Herrera's dismissal of the charges against Rios
Montt as an outrageous denial that "Black Thursday" ever took
place. The issue before Herrera, however, was not the mayhem
caused by Rios Montt's rampaging supporters. The issue was
whether there was sufficient evidence to prove in a court of
law that Rios Montt had a hand in directing the vandals and
rioters. On that score, the judge was correct in deciding
that the Public Ministry, after two and a half years, had not
uncovered sufficient evidence nor did the Public Ministry
present a strategy for obtaining evidence that would justify
keeping its "investigation" and charges against Rios Montt
open. End comment.
DERHAM