Identifier
Created
Classification
Origin
09GUATEMALA899
2009-09-21 21:31:00
SECRET
Embassy Guatemala
Cable title:  

Despite Retaliation Attempts, Guatemalan Prosecutors Put

Tags:  SNAR PGOV KCRM GT 
pdf how-to read a cable
VZCZCXYZ0000
RR RUEHWEB

DE RUEHGT #0899/01 2642131
ZNY SSSSS ZZH
R 212131Z SEP 09
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 0047
INFO WHA CENTRAL AMERICAN COLLECTIVE
RHEFDIA/DIA WASHINGTON DC
RHEHNSC/WHITE HOUSE NATIONAL SECURITY COUNCIL WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL
RHMFISS/FBI WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 0001
RUEABND/DEA HQS WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEHME/AMEMBASSY MEXICO 0001
S E C R E T GUATEMALA 000899 

SIPDIS

E.O. 12958: DECL: 2019/09/21
TAGS: SNAR PGOV KCRM GT
SUBJECT: Despite Retaliation Attempts, Guatemalan Prosecutors Put
Their Lives On the Line to Go After Criminals

REF: 09 GUATEMALA 857

CLASSIFIED BY: Stephen McFarland, Ambassador, STATE, POL/ECON;
REASON: 1.4(B),(D)

S E C R E T GUATEMALA 000899

SIPDIS

E.O. 12958: DECL: 2019/09/21
TAGS: SNAR PGOV KCRM GT
SUBJECT: Despite Retaliation Attempts, Guatemalan Prosecutors Put
Their Lives On the Line to Go After Criminals

REF: 09 GUATEMALA 857

CLASSIFIED BY: Stephen McFarland, Ambassador, STATE, POL/ECON;
REASON: 1.4(B),(D)


1. (C) SUMMARY: On September 10, 2009, the wife of Guatemalan

organized crime prosecutor Rony Lopez became the victim of a
possible assassination attempt. The Ambassador immediately met
with the Attorney General (MP) following the attack and discussed
ways to assist the MP in improving security. On September 7, four
employees of Guatemala's Penitentiary System (SP) were killed by
gangs. In three separate attacks taking place across central
Guatemala during a five-hour period, a Vice-Director, warden, and
two SP guards were killed. Minister of Government Raul Velasquez
called the attacks "retaliation" for the prison transfer of three
dangerous gang leaders on September 4. Gloria Porras, Secretary
General of the MP, and Lopez, both courageous prosecutors, continue
to go after criminals despite the personal risks involved and
should continue to receive all appropriate USG support. END
SUMMARY.



Attempts to Disrupt an Extortion Ring...

--------------




2. (U) On September 4, three reputed gang leaders, Jorge Jair

Hernandez (aka "The Diabolical One"),Melvin Jacobo Perez Reynoso
(aka "Psycho") and Jose Alegria Merino (aka "Jaguar"),were
transferred from El Boqueron prison to the Zone 18 prison, in the
northeastern part of Guatemala City, in an attempt by the MP to
break up their criminal network by taking them to a prison with
stricter controls including cell phone transmission jammers. The
three men are believed to be the masterminds behind the extortion
of bus company owners, and have continued to direct operations from
their prison cells. Secretary General of the Attorney General's
Office (MP) Gloria Porras told Emboffs that prison officials had
refused to assist in moving the three gang leaders, so MP officials
had to bring their own police to El Boqueron. MP officials and
assisting police who entered the prison found the gang members had
locked the prison doors from the inside. When MP officials fired
tear gas to overcome gang members' resistance, the gang members
were ready with fans to ventilate the area. When the MP officials

told prison guards to turn off the electricity powering the fans,
they refused, so accompanying police had to search for and
eventually shut down the circuit breakers.



...Lead to Violent Retaliation

--------------




3. (U) In three separate attacks, following the prison transfer

of the three gang leaders, on September 7, four members of the
Penitentiary System (SP) were attacked in three separate instances.
In the early morning, in Zone 12 of Guatemala City, southwest of
the Embassy, two men on a motorcycle attacked a prison vehicle.
The attackers shot at the vehicle with AK-47 assault rifles,
killing guard Prudencio Pineda Garcia and injuring his colleague.
Both attackers were arrested. Only 10 minutes after the first
attack, in Zone 1, assailants driving a green car began shooting
outside the Pediatric Unit of Hospital "San Juan de Dios" with
AK-47 assault rifles and 9mm pistols, killing the warden of El
Progreso prison, Felix Gabriel Garcia. Three bystanders were also
injured in the attack. Right before noon on the same day, in
Chimaltenango, west of Guatemala City, assailants in two vehicles
attacked a prison vehicle with AK-47 assault rifles and 9mm
pistols, killing the Vice-Director of Chimaltenango prison, Javier
Bac Tzul, and guard Eliseo Hernandez. No arrests were made in the
second or third attacks. Minister of Government Raul Velasquez
claimed the murders were in retaliation for the transfer of the
gang leaders on September 4. (Comment: Regardless of the


motivation behind the attacks, they demonstrate the strength and
reach of gangs in Guatemala. Not only were the attacks allegedly
directed by imprisoned individuals, but they were well-coordinated
and show the capacity of local criminal organizations to penetrate
government security. End Comment.)




4. (U) These brazen attacks follow increased pressure

by the MP to arrest corrupt government officials and break up
extortion gangs operating inside prisons. On September 4, six
inmates escaped from Quetzaltenango preventive prison (in western
Guatemala),all alleged members of a kidnapping gang. Six
Guatemalan National Civil Police (PNC) agents were arrested for
allegedly aiding in their escape. On September 5, 37 SP employees,
including directors, working in El Boqueron prison, were arrested
for complicity and for permitting the entry of weapons, drugs and
money earned through extortion into the prison. Media reported
that the police seized numerous contraband items, including: a
grenade, pistols, marijuana, cellular phones, televisions,
refrigerators, sound systems, video game consoles, DVD players and
money. While the seizure was taking place, media reported that
gang members opened fire on SP headquarters.



Attack on Prominent Prosecutor

--------------




5. (C) On September 10, armed assailants attempted to break-in to

Chief Organized Crime Prosecutor Rony Lopez's mother's home (which
is adjacent to his) while Lopez's wife was in a vehicle outside the
house with a PNC officer assigned to protect her. When the PNC
officer attempted to interrupt the break-in, he was shot and
killed. Following this possible attempted assassination, the
Ambassador and PolOff met with Attorney General Amilcar Velasquez,
Lopez, Gloria Porras, CICIG Commissioner Carlos Castresana, and
Minister of Government Raul Velasquez to discuss next steps
following the attack. In a show of support for Lopez, more than 20
MP prosecutors stood behind Lopez, Attorney General Velasquez,
Minister of Government Velasquez, the Ambassador and CICIG
Commissioner Castresana at a press conference the same day, making
front page headlines. In a private meeting, Attorney General
Velasquez, Porras, and Lopez were visibly shaken and pressed the
Minister of Government and CICIG for immediate additional security
resources. The Ministry of Government cited a lack of available
resources (i.e. armored vehicles, bullet proof vests, weapons,
etc.) to loan to the MP, and CICIG also noted that loaning their
resources would result in making their staff increasingly
vulnerable. The Minister of Government ultimately agreed to post a
patrol vehicle outside Lopez's home but it was later agreed that
vehicles, weapons, and other security measures would take longer to
procure. At the end of the discussion, there was no final
conclusion about how to immediately protect Lopez and his family
(apart from an additional patrol car) and what consequences there
would be for the three gang leaders believed to have coordinated
the attack. The Embassy's Regional Security Office will offer
physical security advice to the MP. (Comment: Bureaucratic
sidestepping by the Minister of Government made this meeting less
productive than it could have been. Porras told PolOff that she
feared for her safety and the safety of another eight prosecutors
who were working on dangerous, high-profile cases. She accepted
PolOff's offer to assist the prosecutors and their families in
obtaining U.S. visas in case they need to depart the country.
Porras added that she believes she lives next door to a
narcotrafficker since there are numerous armored vehicles parked
outside the home and extensive security, further increasing her
anxiety about her family's safety. End Comment.)




6. (C) Rony Lopez told an FSN investigator on September


11 that he was unsure if the attack was a coincidental common crime
or retaliation for his work. Also, an MP investigator separately
told Pol/EconCouns that he, too, thought the attack at Lopez's
former house might have been a common crime unrelated to Lopez's
work.



Despite the Risks, They Still Refuse to Give Up

-------------- --




7. (C) Two days prior to the possible attempt on Lopez's

wife, Pol/EconCouns and PolOff met with Porras and Lopez to discuss
the difficulties they face in prosecuting organized crime and
corruption cases. Lopez, whose home was shot at in March 2009, and
again in August 2009, admitted that the pressure of "doing his job"
was becoming increasingly difficult. Lopez's unit is responsible
for prosecuting organized crime cases in the areas of car theft,
kidnapping, extortion, and gangs. He noted that since the August
attack on his home, he and his family had to move. While Lopez
admitted that he felt somewhat safe with his security detail, he
was very concerned for his family members.




8. (C) Porras added that despite their recent successes arresting

reputedly corrupt PNC and SP officials, she felt unsupported by her
inter-agency counterparts and executive leadership. Porras stated
that the Vice-Director of the SP told investigators that the murder
of SP employees was a result of Porras' attempts to prosecute
corrupt officials and stop extortion rings from operating within
the prisons. (Comment: The Vice-Director's statement was clearly
intended to scare Porras into inaction and underscores the lack of
trust between MP and SP officials. End Comment.) Additionally,
Porras admitted that she spoke with Minister of Government
Velasquez about her security concerns; he responded that he "would
pray for her."




9. (S) Porras (protect) emphasized that the MP's attempts to

clean out the ranks of the PNC and the SP have made them targets.
Despite the dangers inherent in their work, Porras said the MP is
investigating the country's top 100 PNC officers for
narco-trafficking ties. Porras added that the MP is also pursuing
an investigation against former Minister of Government Salvador
Gandara for money laundering and narco-trafficking. (Note:
Gandara was ousted as Minister of Government in July 2009 and
previously told Pol/EconCouns that his removal was politically
motivated by leftist opponents. End Note.) Both Porras and Lopez
thanked the Embassy for its continuing support of their efforts and
asked for the Embassy's assistance in continuing to raise issues of
corruption and impunity at the highest levels.



10.(C) Comment: Both Porras and Lopez are courageous

prosecutors working to attack fundamental problems in Guatemala -
corruption and impunity - and work closely with the Embassy.
While it remains unclear if this most recent attack at Lopez's
mother's home is related to Lopez's success in prosecuting
organized crime cases, we do know that Lopez's home has been shot
at twice before, and he told Emboffs that he was concerned about
his family's safety two days prior to the attack. It is imperative
that the USG continue to encourage MP prosecutors like Porras and
Lopez and offer assistance and public support whenever possible.
NAS believes that, despite warnings by

Emboffs, the MP acted too quickly in initially arresting the three
gang leaders who were transferred to a Zone 18 prison on September

4. As a result, the MP did not apprehend the gang's violent


enforcers nor did the MP freeze the bank accounts of the gang
leaders. However, during the next gang arrest in Mixco, the MP
learned from their mistakes and arrested all gang members (Reftel).
End Comment.
MCFARLAND