Identifier
Created
Classification
Origin
07GUATEMALA2016
2007-10-09 13:35:00
CONFIDENTIAL
Embassy Guatemala
Cable title:  

CICIG: NEWLY APPOINTED COMMISSIONER VISITS

Tags:  KJUS PHUM PGOV EAID SNAR KCRM UN OECD KDEM GT 
pdf how-to read a cable
VZCZCXYZ0005
PP RUEHWEB

DE RUEHGT #2016/01 2821335
ZNY CCCCC ZZH
P 091335Z OCT 07
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC PRIORITY 4047
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHME/AMEMBASSY MEXICO PRIORITY 4584
RUEHFR/AMEMBASSY PARIS PRIORITY 0037
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0168
C O N F I D E N T I A L GUATEMALA 002016 

SIPDIS

SIPDIS

PARIS PASS TO USOECD

E.O. 12958: DECL: 10/02/2017
TAGS: KJUS PHUM PGOV EAID SNAR KCRM UN OECD KDEM GT
SUBJECT: CICIG: NEWLY APPOINTED COMMISSIONER VISITS
GUATEMALA TO DISCUSS FIRST STEPS TO COMBAT IMPUNITY

REF: GUATEMALA 1541 AND PREVIOUS

Classified By: Charge d'Affaires David Lindwall for reasons 1.4 (b,d)

C O N F I D E N T I A L GUATEMALA 002016

SIPDIS

SIPDIS

PARIS PASS TO USOECD

E.O. 12958: DECL: 10/02/2017
TAGS: KJUS PHUM PGOV EAID SNAR KCRM UN OECD KDEM GT
SUBJECT: CICIG: NEWLY APPOINTED COMMISSIONER VISITS
GUATEMALA TO DISCUSS FIRST STEPS TO COMBAT IMPUNITY

REF: GUATEMALA 1541 AND PREVIOUS

Classified By: Charge d'Affaires David Lindwall for reasons 1.4 (b,d)


1. (U) Summary: The newly appointed head of the
International Commission Against Impunity in Guatemala
(CICIG) visited Guatemala September 17-23 to discuss initial
steps for establishing CICIG. Commissioner Carlos Castresana
met with President Berger, Vice President Stein, and other
senior government officials, political party leaders, and
representatives of civil society and the diplomatic corps.
The Ambassador hosted a breakfast for Castresana, and the
CICIG team met twice with Embassy security sector officers.
Castresana stressed that CICIG aims to facilitate, and not
interfere with, the work of Guatemalan institutions. CICIG
will be installed in November and will begin selecting and
investigating cases in January 2008. End summary.


2. (SBU) During his visit to Guatemala September 17-23,
Spanish prosecutor Carlos Castresana, newly appointed
Commissioner of CICIG, met with President Berger, Vice
President Stein, Foreign Minister Rosenthal, and other senior
government officials to discuss initial steps for
establishing the independent commission and to gain a better
understanding of the challenges facing Guatemala. He also
met with representatives of the judiciary, political parties,
civil society, and the diplomatic corps, including the
Ambassador, DCM, and Embassy's security sector officers.
Castresana told Embassy officers that he would seek USG
technical law enforcement assistance in the course of CICIG's
work, ask Embassy for recommendations for trustworthy staff
(whether U.S. or third country nationals),and consult with
Embassy on CICIG targets of investigation.


3. (U) Vice President Stein welcomed Castresana and
reportedly expressed interest in having CICIG investigate the

Penitentiary System, the National Civilian Police (PNC),the
Immigration Service, and Customs. Castresana announced that
CICIG will be installed in November and will begin its
investigations in January 2008. CICIG's agenda will be
discussed once the Commission is operational.


4. (SBU) Minister of Government Adela de Torrebiarte and
Castresana reportedly discussed staffing for CICIG's
investigative team. The National Civilian Police will select
an elite group of investigators who will be subject to
periodic tests, including polygraph tests, drug tests,
psychological exams, and declarations of personal wealth, to
prevent infiltration of organized crime into CICIG. Some of
the investigators will be recent graduates of the PNC
Academy, while others will be experienced investigators. In
addition, the Ministry of Defense will provide a group of
specialists, and the Attorney General's Office will select a
team of prosecutors with expertise in counter-narcotics,
organized crime, and human rights.


5. (SBU) Attorney General Florido and Castresana reportedly
discussed the importance of coordination and established the
preliminary bases for an agreement on collaboration between
the two investigative entities, which Castresana anticipated
would be completed by the end of this year. They also
discussed the legislative reforms that would be necessary to
improve the response capability of the judiciary. Florido
told press that CICIG's investigative agenda had not been
defined but expected that organized crime and
narcotrafficking would be among its priorities. He affirmed
that CICIG, per the GOG's agreement with the UN, has complete
autonomy to select the areas of its focus and the cases for
investigation, and that the investigations will be conducted
by a group comprised of both Guatemalans and foreigners under
Castresana's supervision. Florido offered to house CICIG in
the Public Ministry building, but Castresana declined,
preferring to have the independence of a separate office
building.


6. (SBU) Castresana also met with Supreme Court President
Ruben Eliu Higueros to discuss the judiciary's capacity to
administer justice, including training of judges. He met
with Human Rights Ombudsman Sergio Morales to stress the need
for approval of pending laws, including the draft witness
protection law. In meetings with members of the Congress,
Castresana discussed legislative and constitutional reforms
to improve the judicial process.


7. (SBU) Both presidential candidates Alvaro Colom (UNE) and
Otto Perez Molina (PP) reportedly promised to collaborate
with Castresana and to provide the necessary support to CICIG

to combat impunity. Castresana stressed that the success of
CICIG will depend on the cooperation and support it receives
from the next government.


8. (SBU) Colom expressed support for CICIG regardless of
whether he wins the November 4 election. He expressed the
hope that the Commission would thoroughly investigate
impunity and not limit itself to a few isolated cases. He
said he hoped that CICIG would investigate narcotrafficking
and the lack of territorial control, particularly in the
Mexican border area, infiltration of organized crime into the
military and the police, and complaints of impunity and
complicity of state institutions. He publicly announced that
if he wins the presidency, he will open currently secret
state archives. (Note: Press reports did not specify which
archives. End note.)


9. (SBU) Perez Molina pledged his support for CICIG as a
presidential candidate and on behalf of his party's
congressional bench. He affirmed that his party will help
with legislative reforms to combat impunity and that he will
approve the necessary laws and maintain good communication
with CICIG. He urged CICIG to investigate the institutions
of the Ministry of Government, in particular the PNC,
asserting that organized crime has co-opted the police. PP
legislator Gudy Rivera told press that he would seek an
initiative that would create a technical police unit in
charge of investigations, similar to that of the FBI. (Note:
The Ministry of Government is already organizing a new
civilian intelligence unit. End note.)


10. (C) With the exception of office space and security for
CICIG staff and persons who cooperate with CICIG (to be
provided by the GOG),the costs of CICIG will be borne by
voluntary contributions from the international community.
Nevertheless, the Attorney General's Office publicly
announced that it will request an increase of Q120 million
(USD 16 million) in its budget to buy equipment for CICIG.
In a private meeting in August, Presidential Human Rights
Commissioner Frank La Rue told Embassy officers that the
Attorney General was misinforming the public by requesting
superfluous budget increases to support CICIG.


11. (C) Comment: Castresana seemed open and ready to
collaborate with the USG and with the Guatemalan government
in laying the groundwork for CICIG. When CICIG becomes
operational in January 2008, it will be a key tool in
combating the culture of impunity that continues to threaten
public security in Guatemala. Its effectiveness and success,
however, will depend in large part on the collaboration and
support it receives from the GOG. Key challenges will be
working closely with the very institutions that will be the
target of its investigations, and ensuring that its
investigations are not compromised by infiltration of
organized crime.
Lindwall