Identifier
Created
Classification
Origin
09GUATEMALA925
2009-10-05 23:23:00
SECRET
Embassy Guatemala
Cable title:  

CICIG Celebrates Two-Year Anniversary with Compounding

Tags:  SNAR PGOV KCRM KJUS KDEM GT 
pdf how-to read a cable
VZCZCXYZ0062
RR RUEHWEB

DE RUEHGT #0925/01 2782324
ZNY SSSSS ZZH
R 052323Z OCT 09
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 0134
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 0010
RUEABND/DEA HQS WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEHME/AMEMBASSY MEXICO 0023
S E C R E T GUATEMALA 000925 

SIPDIS

E.O. 12958: DECL: 2019/10/05
TAGS: SNAR PGOV KCRM KJUS KDEM GT
SUBJECT: CICIG Celebrates Two-Year Anniversary with Compounding
Budgetary Woes

REF: A) 08 GUATEMALA 1187; B) 08 GUATEMALA 387; C) 09 GUATEMALA 134
D) 09 GUATEMALA 324; E) 08 GUATEMALA 1550; F) 09 GUATEMALA 734
G) 09 GUATEMALA 407; H) 09 GUATEMALA 884; I) 09 GUATEMALA 913

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

E.O. 12958: DECL: 10/05/2019



Classified By: PolOff Gina M. Werth, reasons 1.4 (b) and (d)



S E C R E T GUATEMALA 000925

SIPDIS

E.O. 12958: DECL: 2019/10/05
TAGS: SNAR PGOV KCRM KJUS KDEM GT
SUBJECT: CICIG Celebrates Two-Year Anniversary with Compounding
Budgetary Woes

REF: A) 08 GUATEMALA 1187; B) 08 GUATEMALA 387; C) 09 GUATEMALA 134
D) 09 GUATEMALA 324; E) 08 GUATEMALA 1550; F) 09 GUATEMALA 734
G) 09 GUATEMALA 407; H) 09 GUATEMALA 884; I) 09 GUATEMALA 913

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

E.O. 12958: DECL: 10/05/2019



Classified By: PolOff Gina M. Werth, reasons 1.4 (b) and (d)




1. (S) SUMMARY: On September 4, the UN-led International

Commission Against Impunity in Guatemala (CICIG) celebrated its
two-year anniversary and the approval of another two-year mandate.
CICIG Commissioner Carlos Castresana summarized CICIG's successes,
including numerous CICIG-led investigations, its role as
co-plaintiff in four criminal cases and various proposed legal
reforms. While CICIG has made tremendous strides in the last two
years, much work is left to be done and will require the active
participation of the Guatemalan government in order to succeed.
Despite the good news on the work CICIG has completed to date,
CICIG's Chief of Administration informed post on September 23 that
CICIG is facing serious financial difficulties. Donor nations
have, so far, failed to deliver promised funds. Additionally, the
prospect of establishing a CICIG satellite office in New York has
been met with a lukewarm reception, yet CICIG believes it is
necessary to ensure the functionality of its operation. END
SUMMARY.



The Creation of CICIG

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


2. (U) On September 4, 2009, the UN-led International Commission

Against Impunity in Guatemala (CICIG) celebrated its two-year
anniversary, reviewing its successes and the road ahead. CICIG,
established in September 2007 (Ref A),was created to investigate
and prosecute cases involving the criminal penetration of the state
and to advance rule of law reforms. CICIG's staff has grown to
156, both Guatemalans and internationals. In July, Congress
extended CICIG's original two-year mandate to September 4, 2011.
CICIG Commissioner Carlos Castresana's personal mandate was also
renewed until 2011. The anniversary press conference was intended

to review the numerous cases, investigations and reforms already
brought by CICIG and also emphasize the need for further
cooperation and support from the Government of Guatemala (GOG) and
the international community.



CICIG as Co-Plaintiff

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


3. (U) In reviewing CICIG's work over the past two years,

Commissioner Castresana noted that CICIG currently acts as
co-plaintiff, with the GOG, in four criminal cases. The first case
involved a clash between two armed narcotrafficking groups in the
Zacapa department in March 2008 which left eleven people dead and
two wounded (Ref B). The pre-trial hearing was held in July 2009;
the date of the first trial hearing has yet to be set. The second
case, brought against Guatemala's former chief homicide prosecutor,
Alvaro Matus, involved accusations of abuse of authority in the
murder investigation of former advisor to the Ministry of
Government Victor Rivera (Ref C). The case now involves an
additional four defendants from the Attorney General's (MP) office,
charged with conspiracy and obstruction of justice. The legal


process has been suspended for jurisdictional issues and CICIG and
the GOG are waiting to proceed. The third case involves the
alleged embezzlement of Q120 million (USD 15.2 million) of the
Defense Ministry's budget by former President Portillo while
holding office in 2001. Q30 million (USD 3.8 million) were
allegedly deposited in the former President's family accounts in
Europe. The investigation also involves other high-level
government officials who may have appropriated more than Q400
million (USD 50.8 million). The case is still awaiting trial (Ref
D). The fourth case involves four National Civilian Police (PNC)
officers accused of illegal detention and aggravated robbery. The
trial is currently underway.



CICIG Investigations

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


4. (S) Castresana said CICIG has 39 ongoing investigations aimed

at uncovering illegal security forces linked with government
entities and their officials. The cases which CICIG discussed at
its press conference included: (1) the murder of 16 people on a bus
from Nicaragua in November 2008 (Ref E); (2) the murder of former
Ministry of Government advisor Rivera, in which CICIG is
co-plaintiff in the criminal case; (3) a case linked to the
Portillo criminal prosecution in which two Defense Ministry
officials are accused of embezzlement; (4) a narcotrafficker's
murder of three female adolescents in the Zacapa department in
April 2008; (5) the murder of attorney Rodrigo Rosenberg in May
2009 (Ref F); (6) the murder of Khalil Musa and his daughter
Marjorie Musa Maldonado in April 2009 and; (7) the confrontation
between police officers and alleged drug traffickers which resulted
in the death of five PNC agents and the confiscation of over 370
kilos of cocaine, weapons and vehicles (Ref G).



Legal Reforms

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


5. (U) CICIG has also sought to bring about legal reforms

in the areas of legal possession of weapons and ammunition, use of
audio and visual media in witness statements, witness protection,
plea-bargaining, and high-impact courts. CICIG has been most
successful in advocating for plea-bargaining legislation and the
creation of high-impact courts, which will provide additional
security measures for the witnesses, prosecutors and judges
involved in prosecuting high-profile, dangerous cases (Ref H).
However, these new measures have yet to be fully implemented.



The Challenges that Lay Ahead

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


6. (U) During his remarks, Commissioner Castresana noted that

this is a "historic moment for Guatemala" to attack corruption and
impunity. He added that all three branches of government must do
their part as CICIG cannot do it alone. Castresana stressed that
the international community's support is still needed in order to
succeed. President Alvaro Colom thanked CICIG for its efforts and
added that Castresana has the government's full support, citing
that "CICIG has done a lot to ensure that democracy comes to
Guatemala."



Private Request for More Donor Support

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


7. (SBU) Despite its achievements, CICIG's Chief of


Administration, Luis Oliveros, told visiting desk officer and
PolOff on September 23 that CICIG's finances were in dire straits.
Oliveros stated that it costs approximately 1.3 million USD monthly
to run CICIG; 80 to 85 percent of those funds are for employee
salaries. CICIG has quickly burned through its initial donor
monies by increasing staff and related activities. Oliveros
estimated that an additional 37 million USD are needed to cover
CICIG's expenses through 2011. Three donor conferences were held
throughout the summer of 2009 and another is set to occur
imminently; however, CICIG still lacks the funding it needs to
fulfill its mandate through September 2011. Additionally, Oliveros
urged donor countries to establish a payment schedule so that funds
can be budgeted in advance. Oliveros also asked when the USG's
donation of 3 million USD for FY 2009 would arrive.



Satellite Office?

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


8. (SBU) Oliveros also responded to inquiries about a possible

CICIG satellite office in another country, likely in New York, in
order to be close to UN and U.S. law enforcement authorities.
(Note: Oliveros repeatedly stated that the satellite office has
only been broached with a few close partners, namely, the U.S.,
Canada and Germany. End Note.) Oliveros cited the need for a
secure communications database and IT infrastructure as one of the
reasons for a CICIG satellite office. Additionally, he argued that
using a satellite office would allow some CICIG officials (Oliveros
estimated about 15 employees) to leave Guatemala and work remotely,
thereby decreasing the need for security staff for those employees.
Finally, Oliveros eluded that Commissioner Castresana might work
from the CICIG satellite office part-time, causing a decrease in
his security detail as well.



Location, Location, Location...

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


9. (SBU) Oliveros stated that the Dominican Republic, Panama and

the U.S. were all considered as possible locations for the CICIG
satellite office. However, the U.S. has the technical capacity and
security apparatus in place to meet CICIG's needs. Oliveros
estimated that a New York-based satellite office would cost 7.6
million USD for a two-year period. However, a Miami-based
satellite office would cost 4.3 million USD for two years. An
advance team was sent to Miami to conduct an assessment and another
team will go to Houston. Oliveros expects Houston to cost nearly
as much as Miami. Oliveros also estimated that it would take about
six weeks to establish a CICIG satellite office in the U.S. and
another six weeks to fully staff it. However, Oliveros noted that
during his initial conversations with donors about a satellite
office, the donors either remarked that it was too expensive or
said nothing at all. Nevertheless, Oliveros stressed that the
office was needed and that the 37 million USD requested from the
donor community did not/not include costs of a satellite office in
the U.S.



10.(C) Comment: CICIG's investigations have started to produce
conclusive findings and arrests in high-profile cases such as the
Rosenberg murder and the Nicaraguan bus massacre (Refs I & E).
Among its many accomplishments are cleaning out and helping to
train staff at the Attorney General's Office, getting Congress to
pass legislation providing authorities much needed, modern law
enforcement tools, and exposing rampant corruption in the
Guatemalan state. CICIG, and its proposal for a new satellite
office, merit our continuing support. End Comment.
MCFARLAND