HUMAN RIGHTS DEFENDERS CRITICIZE MINISTER OF

C O N F I D E N T I A L SECTION 01 OF 02 GUATEMALA 000099

SIPDIS

DEPT FOR USAID LAC/CAM KSEIFERT

E.O. 12958: DECL: 02/03/2019
TAGS: PHUM PGOV KCRM SNAR KJUS KDEM GT
SUBJECT: HUMAN RIGHTS DEFENDERS CRITICIZE MINISTER OF
GOVERNMENT

REF: A. GUATEMALA 45

B. GUATEMALA 17

Classified By: Ambassador Stephen McFarland for reasons 1.4(b,d).


1. (C) Summary: During a January 22 lunch with the
Ambassador, human rights defenders criticized President
Colom's decision to replace former Minister of Government
Jimenez with Salvador Gandara, whom they accused of
complicity in social cleansing killings during his tenure as
Mayor of Villa Nueva. They lamented the likelihood that the
country's security environment would further deteriorate
under Gandara's tenure. The human rights groups also
questioned the public's tendency to place blame solely on the
National Civil Police for the country's high levels of
corruption and violence while ignoring the roles of the
Attorney General's Office, the military, and the Judiciary.
The group expressed its collective frustration with the
government, and offered the Ambassador its views on how to
improve Guatemala's growing insecurity. End Summary.

Discontent Over Minister of Government
--------------

2. (C) On January 22, the Ambassador hosted a lunch with
human rights defenders to gauge their views on human rights,
security, and the newly named Minister of Government Salvador
Gandara (Ref A). The group of influential human rights
leaders unanimously expressed disappointment over Colom's
decision to replace former Minister of Government Francisco
Jimenez with Gandara, whom they referred to as "The
Triggerman" for his alleged involvement in human rights
abuses committed by the National Civil Police (PNC) in Villa
Nueva during his tenure as mayor (Ref B). In response to the
Ambassador's inquiry, however, the group did not offer
evidence that Gandara was complicit in extrajudicial
killings.

3. (C) The Ambassador noted that former Minister Jimenez'
tenure had been short on operational achievements. Gandara
had a well-earned reputation for achieving operational
results and historically has cooperated well with the USG,
especially in counternarcotics efforts. The Ambassador noted
that there were rumors that he had asked for Jimenez'
removal. He said that no one in the Embassy had asked the
President to remove Jimenez, nor asked that Gandara be
appointed in his place. We were eager to work with Gandara
on the full range of security issues, not just
counternarcotics. We would continue to insist that GOG
responses to the security crises be carried out with respect
for human rights. At the same time, we would work with
Jimenez in his new role as National Security System
coordinator.


4. (C) The group lamented that Guatemala has become a
narco-state where organized crime has undermined the
government's ability to provide adequate security for its
citizens. According to Nery Rodenas, Executive Director of
the Archbishop's Office on Human Rights, organized criminal
groups have utilized measures such as paid campaigns on radio
and in print media to recruit members, while the GOG has not
attempted to combat this trend. Iduvina Hernandez, Executive
Director of the NGO Security in Democracy, stated that while
Guatemala suffered from weak state institutions and
corruption under Jimenez, under Gandara the country would
"fall over a precipice."


5. (C) Human rights defenders also offered a word of caution
regarding the election of the presidents of the Supreme Court
and the Institute of Public Criminal Defense (IDPP) in the
upcoming months. According to Mario Polanco, Director
General of the NGO Mutual Support Group, these elections
could be a further indication of corruption in the
Qcould be a further indication of corruption in the
government, depending on the individuals chosen. (Note:
While the process to elect the president of the Supreme Court
began on September 30 of last year, the Supreme Court has
been unable to obtain the nine out of 13 votes required for
the presidency, and current IDPP Director Blanca Stalling was
accused of nepotism during a hearing in Congress in January

2008. Some observers suggest that the potential for looting
the judiciary's coffers is at the heart of the Supreme Court
dispute. End note.)

PNC Does Not Deserve All the Blame
--------------

6. (C) Human rights defenders questioned the public's
tendency to allocate blame for the country's high level of
corruption and increasing level of violence solely on the PNC
and by extension the Ministry of Government, with little
recognition of the high level of corruption among prosecutors
and judges. According to Helen Mack, Director of the Myrna
Mack Foundation, while the PNC's Office of Professional

GUATEMALA 00000099 002 OF 002


Responsibility (ORP) investigated claims of wrongdoing
against 68 police officers in 2008, the Public Ministry
(Attorney General's Office) and the Judiciary have not
conducted any investigations of wrongdoing against
prosecutors or judges. (Note: According to the PNC, the ORP
investigated 185 PNC officers for wrongdoing in 2008. End
Note.) The group underscored the need for internal
investigations and dismissals, if appropriate, of members of
the Public Ministry and the Judiciary.


7. (C) Polanco decried low salaries for PNC officers and said
the organization dedicates inadequate resources to employees,
which may make some employees more susceptible to corruption.
Polanco highlighted, for example, that military hospitals
equipped to provide services for 30 patients are often
under-utilized and in some cases only have two patients at a
time, while hospitals reserved for PNC officers are
under-funded, often exceed capacity, and do not provide
adequate services.

How to Make Things Better
--------------

8. (C) In spite of the pessimism regarding Gandara,
Guatemala's weak state institutions, and the increasing level
of violence, human rights defenders offered three suggestions
on how to best improve the country's current insecurity and
corruption: enforcing the organized crime law's wiretapping
provision, strengthening the Public Ministry's witness
protection program, and moving sensitive cases involving
organized crime from the interior of the country to Guatemala
City, where members of the Judiciary are better protected.
Mack urged the U.S. to utilize whatever tools it had,
including the revocation of U.S. visas, to punish former and
current officials--regardless of rank--who are known to be
involved in drug trafficking, organized crime, and other
illicit activities. Mack also asked us to get Gandara to
reverse what she saw as a decision to reduce staffing of the
Human Rights Office at the Ministry of Government (the
Ambassador and DEA country attache did so the next week, and
the office has been restaffed).

Comment
--------------

9. (C) Mack and other influential human rights defenders had
a key role in Colom's choice of Jimenez as the former
Minister of Government. They view Jimenez' removal as an
indication of their loss of influence over the current
administration and Colom's rejection of their counsel. Their
discontent with Gandara is therefore not surprising.
Guatemala's human rights community is keen on denouncing
Gandara as a human rights abuser, but has not yet produced
evidence to make its case. While it is true that public
discourse often emphasizes corruption in the PNC, corruption
clearly extends to the Public Ministry and the Judiciary as
well.


10. (C) The meeting with these human rights defenders
underscores the need to a) have the Embassy serve as a bridge
between them and the new GOG security officials, and b)
continue our efforts to ensure that security efforts are
conducted within the law and with respect for human rights.
McFarland