PUBLISHER RAUL FIGUEROA REQUESTS EMBASSY STAY

UNCLAS GUATEMALA 000778

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL GT
SUBJECT: PUBLISHER RAUL FIGUEROA REQUESTS EMBASSY STAY
ABREAST OF HIS CASE


1. (U) Pol/Econ Counselor and Pol Assistant met August 12
with Raul Figueroa, a Guatemalan national journalist and
publisher whose work has focused on exposing abuses by
Guatemala's previous military governments and other human
rights topics at Lehman College (New York). Figueroa's wife,
AmCit Victoria Sanford, is a professor and human rights
activist who is requesting that the Embassy and Members of
Congress take up his case. Photographer Mardo Escobar sued
Figueroa for failing to pay verbally agreed royalties for the
use of one of Escobar's photographs on the cover of a book
Figueroa published, "Any Way to Die," by Rafael Menjivar. A
first instance penal court sentenced Figueroa to one year
imprisonment for intellectual property rights infringement.
Figueroa is appealing his conviction, and has been prohibited
from leaving the country until his case is resolved.


2. (U) During the meeting, Figueroa speculated that the
disproportionate sentence he received may have been
politically motivated, and specifically may have been in
retribution for his wife's "human rights accompaniment" of
Jorge Velasquez, whose daughter was allegedly murdered in

2006. He also allowed that Escobar, who also works as a
judicial clerk, may have manipulated the judicial process as
part of a personal vendetta. Figueroa acknowledged that
there was no particular USG interest at stake in his case,
and said he wanted the Embassy only to be aware of
developments. He explicitly stated that he was not
requesting the USG to intervene with the judiciary on his
behalf. He also acknowledged that he did not pay Escobar for
the photograph, but instead gave him five copies of the book
in question, which he (Figueroa) felt was fair compensation.


3. (SBU) Pol/Econ Counselor separately asked leading human
rights activist Helen Mack whether she was following
Figueroa's case. Mack said she was aware of the case but not
actively following it, since it appeared to be a personal and
contractual matter, rather than a possible human rights abuse
case.


4. (SBU) Comment: Embassy is providing this background in
case Dr. Sanford or Members of Congress should approach the
Department about Mr. Figueroa's ongoing legal case. In fact,
The Embassy has already received a letter from Congressman
James P. McGovern of Massachusetts regarding this matter.
Figueroa himself is not seeking USG assistance or
intervention at this time.
McFarland