Despite Retaliation Attempts, Guatemalan Prosecutors Put

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