A Violent Weekend Underscores the Need for Change

S E C R E T GUATEMALA 000979 SIPDIS NOFORN E.O. 12958: DECL: 2019/11/13 TAGS: SNAR PGOV KCRM GT SUBJECT: A Violent Weekend Underscores the Need for Change REF: 09 GUATEMALA 453; 09 GUATEMALA 913; 09 GUATEMALA 1208 09 GUATEMALA 1130; 09 GUATEMALA 1158 CLASSIFIED BY: Stephen G. McFarland, Ambassador, STATE; REASON: 1.4(B),(D) ¶1. (C) Summary: Guatemala's security situation continues to worsen. In five separate attacks in two days, two prison guards and two police officers were killed, with others injured. A recent poll showed security remains Guatemalans' top concern. Under international pressure, Congress is likely to pass an asset forfeiture law and reform the often-abused Injunctions Law before year's end. Passage of these measures would strengthen authorities' ability to fight organized crime. End Summary. Violent Attacks Over the Weekend ¶2. (U) According to press reports, on Friday, October 30, a judicial clerk was killed in an alleged "road rage" incident. The clerk had been working on the high-profile Rosenberg case (Refs A and B). The case, currently with the homicide unit of the prosecutor's office, may be transferred to the unit for crimes against judicial officials. However, prosecutors reported that they are still investigating and have not determined if the clerk was killed for his association with the Rosenberg case or because of a traffic dispute. ¶3. (U) On Saturday, October 31, three prison guards, riding in a taxi, were attacked after leaving the prison in Zone 18, in the northeastern part of Guatemala City. Unknown assailants shot at the vehicle as it drove through Zone 5 in central Guatemala City. One of the three guards later died; the other two were injured. Fifteen minutes after this attack, on a road outside Guatemala City near the Pavon prison, three other prison guards were shot at by unknown assailants while riding in a city bus. One of those guards died at the scene, the other two were injured, and an additional four private citizens were treated for injuries. Press reported that the police captured one woman, who apparently was accompanying the assailants. The Ministry of Government (MOG),responsible for the penitentiary system (SP) and the National Civilian Police (PNC),stated that the attacks on guards were likely motivated by the MOG's recent attempts to disrupt gang activity in the prisons by moving gang leaders into the new, high-security prison at Frajanes where they have fewer privileges and are less able to conduct their illicit activities. ¶4. (S/NF) In a separate incident on the night of October 31, a PNC caravan escorting numerous impounded vehicles was shot at by occupants of six vehicles carrying 12 armed men, believed to be narcotraffickers. (Note: Press reports varied on the number of vehicles with reports of 17, 21, or 24 vehicles. End note.) During the attack, one PNC agent was injured as was one of the assailants, identified as an Honduran man. Another of the presumed assailants was apprehended later. One of the PNC vehicles had over 100 bullet holes in it. The vehicles were impounded as part of a successful narcotics investigation which resulted in the seizure of over 900 kilos of cocaine (Ref C). According to DAO sources, the vehicles seized by the PNC had been used by narcotraffickers in their attempt to evade capture by heading to border crossings with Mexico when they were stopped at well-situated PNC checkpoints. Forced to flee on foot, the traffickers allegedly left additional cocaine in the vehicles that was then divided up by the PNC officers on the scene and not reported through official channels. ¶5. (U) On Sunday, November 1, press reported that another two PNC agents were murdered near Pereira, Santa Rosa de Lima, southeast of Guatemala City. An unknown person allegedly stepped out of his vehicle while the officers were conducting a routine patrol and shot them to death. ¶6. (C) Comment: Given the timing of these incidents (so quickly following actions taken by the government to reduce gang leaders' freedom of action in prisons and after a large drug bust),it appears that gangs and narcotrafficking organizations are sending a signal to the government that its recent attempts to reassert its authority will not deter them from their operations in Guatemala (Refs D and E). End Comment. Guatemalans Worried About Security ¶7. (U) In a Vox Latina survey published on November 2 in daily Prensa Libre, 31 percent of those surveyed noted that Guatemala City's greatest problem is violence. When asked about the major problem in their communities, 36 percent identified insecurity. Seventy-two percent of respondents opined that the government did not seem to have an effective strategy to prevent violence. (Note: The survey was conducted from September 15-21, 2009. End Note.) Attempts at Change ¶8. (U) Just before the weekend violence began, Guatemalan President Alvaro Colom announced his desire to eliminate bearer shares (acciones al portador) which narcotraffickers frequently use for money-laundering purposes, and introduce asset forfeiture (extension de dominio) legislation. Colom had previously stated that he also wished to reform the Injunctions (amparos) Law which has been frequently abused to stall judicial proceedings. (Note: Bearer shares differ from other registered instruments because no records are kept of who owns the underlying property. In Guatemala, these types of businesses are easily recognizable by the letters S.A. (Sociedad Anonima) or anonymous association. End Note.) In the department of Guatemala, where the capital is located, there are over 57 thousand S.A. businesses. S.A. businesses are an excellent tool for criminals to use to hide their illicit gains and launder funds. Colom also announced that he wants to implement an asset forfeiture law that has been successfully implemented in other countries to seize the proceeds and instrumentalities of criminal activity (e.g., cars, boats, homes, money, etc.) ¶9. (C) Comment: The proposed reforms are overdue and would be effective tools in the fight against organized crime. We anticipate that, under pressure from the USG and CICIG, Congress will pass the asset forfeiture law and reform the Injunctions Law before year's end. Elimination of bearer shares, however, may take longer given private sector opposition. ¶10. (SBU) Comment continued: NAS has worked with the Guatemalan government on asset forfeiture legislation for the last 18 months and expects the law to be passed this year (Septel). End Comment. MCFARLAND