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Human Rights Defenders Threatened in Guatemala

June 30, 2006

Dear friends,

This past week Spanish judicial officials arrived in Guatemala to gather testimony related to atrocities committed during the internal armed conflict, in particular the 1980 attack on the Spanish Embassy that left thirty-seven dead. Family members of the victims, activists, and genocide survivors gathered in front of the Embassy on Sunday asking the Spanish officials to hear their testimony.

Today Prensa Libre reported that the Spanish officials plan to leave Guatemala tomorrow after Guatemalan courts ruled in favor of legal appeals filed by the defendants, effectively suspending the hearings. Among those originally called to testify were generals Rios Montt and Mejia Victores.

Please read and respond to the urgent action below regarding threats by AVEMILGUA directed at human rights defenders supporting the Spanish investigation and working to end impunity. The Myrna Mack Foundation describes AVEMILGUA as one of the strongest organized expressions of extra institutional military power in Guatemala.

GHRC

For more information, please visit the following links:
Frente a las amenazas de AVEMILGUA en contra de las organizaciones que buscan justicia
No a las amenazas y a la militarización

Urgent Action
June 30, 2006

HUMAN RIGHTS DEFENDERS THREATENED IN GUATEMALA

Witnesses, plaintiffs and human rights organizations involved in a legal case involving genocide, terrorism, torture and other crimes committed between 1978 and 1986 have been threatened in Guatemala. Amnesty International fears for their safety.

In 2000, judicial proceedings were initiated in Spain by survivors of genocide and human rights organizations against former Guatemalan Army officers they allege carried out war crimes and other human rights violations between 1978 and 1986, during the internal armed conflict in Guatemala which ended in 1996. Amongst the various criminal acts investigated, is an assault carried out against demonstrators who had sought refuge in the Spanish embassy in Guatemala in 1980 in which 37 people were killed by security forces. On 24 June, the preceding judge, Santiago Pedraz and prosecutor Jesus Alonso arrived in Guatemala from Spain in order to interview witnesses and defendants.

On 27 June, a report in one of the main newspapers in Guatemala, El Periodico, quoted the leader of the Association of Military Veterans of Guatemala, Asociacion de Veteranos Militares de Guatemala (AVEMILGUA) as saying that the judicial proceedings for genocide against former Army officers ''is nothing more than political and legal persecution by those groups linked to the former guerrilla who want to continue the war'', ''No es mas que una persecucion politica y legal de grupos unidos a la antigua guerrilla que quieren continuar con la guerra''. He is also quoted as saying ''we don't want to rock the boat, but this case could bring tragic actions. Our discourse in not antiquated, its something real'', ''No queremos mover aguas que no convienen, pero este caso puede traer acciones tragicas''.

On 26 June, AVEMILGUA and the Association of Widows of Guatemalan Army Officers, Asociacion de Viudas de Oficiales del Ejercito de Guatemala, published an open letter in the Al Dia newspaper concerning the visit of the Spanish judge. Part of the letter read ''The presence of the Spanish judge in Guatemala is an attempt of the front organisations of terrorist groups that operated in our country, outside the rule of law, to initiate persecution against those who defeated them militarily'', ''La presencia del juez espanol en Guatemala, es un intento de las organizaciones de fachada de los grupos terroristas que operaron en nuestro pais, fuera de la ley, para iniciar la persecucion de quienes los derrotaron militarmente.''

Another part of the letter asserted that the authorities risked being weakened if they allowed ''any organisation, supposedly humanitarian, process them doing their duty, via a parallel justice, skilfully organised by supposedly and redundant groups of activists of humanitarian rights'', ''cualquier organizacion, supuestamente humanitaria, los procese por el cumplimiento de su deber, mediante una ''justicia paralela'' Habil mente orquestada por los supuestos y trasnochados grupos de activistas de derechos humanitarios.'' There have been allegations of similar declarations made on public radio, which in addition to general threats against human rights organizations have also singled out individual witnesses due to be interviewed by the Spanish judge and prosecutor.

On 26 June, 102 Guatemalan human rights organizations had issued a press release, informing the wider population of the visit of the Spanish judge, calling for an end to impunity and supporting the judicial proceedings related to cases of genocide being processed in Spain.

Background Information

Since the signing of the Peace Accords in 1996, Guatemalan human rights organizations and individual human rights defenders have demanded that those who committed crimes against humanity and war crimes be held responsible. In May 2000, due to the lack of redress in the Guatemalan legal system individual plaintiffs and various human rights organizations presented a criminal complaint in a Spanish court for acts of genocide and other crimes, against former Guatemalan Army officers, crimes committed during the internal armed conflict. The case in Spain has progressed slowly and this was to be the first visit of Spanish officials in order to collect evidence and testimony relating to the case.

In the past, at sensitive moments during legal proceedings and political issues, aggressive comments against human rights defenders have been followed by acts of violence. In July 2003, following comments made by former General Efrain Rios Montt, a presidential candidate at the time and one of the defendants due to be interviewed by the Spanish judge and prosecutor, violence resulted in the death of one journalist and human rights organisations' building being surrounded by mobs (See Guatemala: Legitimacy on the line: Human Rights and the 2003 Guatemalan elections, AMR 34/051/2003, 19 September 2003).

Recommended Action

Please send appeals to arrive as quickly as possible:

- expressing concern for the safety of Miguel Angel Albizurez, Silvia Solorzano, Rosario Pu, other witnesses and plaintiffs; members of the Rigoberta Menchu Foundation, Center for Legal Action on Human Rights, Truth, Memory and Justice Association and other human rights organizations, who have expressed support for the case being processed in a Spanish court;

-calling the authorities to order full and impartial investigations into the threats against members of human rights organizations, plaintiffs and witnesses to be interviewed by Judge Santiago Pedraz;

-calling the authorities to guarantee the safety of all individual members of organizations who have expressed support for the proceedings and witnesses who were to be interviewed by the Spanish judge;

-calling the authorities to guarantee that Judge Santiago Pedraz will be able to carry out his work, relating to investigations into genocide and other human rights violations committed during the internal armed conflict.

Appeals to:

Attorney General:
Fiscal General de la Republica y Jefe del Ministerio Publico
Licenciado Juan Luis Florido,
8a. Avenida 10-67, Zona 1, Antiguo Edificio del Banco de los Trabajadores,
Ciudad de Guatemala, GUATEMALA
Fax: 011 502 2251 2218
Salutation: Estimado Fiscal General/Dear Sir

President:
Presidente de la Republica de Guatemala
Licenciado Oscar Berger Perdomo
Casa Presidencial, 6 a. Avenida, 4-18 zona 1
Ciudad de Guatemala, GUATEMALA
Fax: 011502 2221 4423 / 2239 0090
Salutation: Excelentisimo Sr. Presidente/Dear President Berger

Copies to:

Unidad de Proteccion de Defensoras y Defensores de Derechos Humanos
Movimiento Nacional De Derechos Humanos:
1 Avenida 0-11, Zona 2
Colonia Lo de Bran
Ciudad de Guatemala, GUATEMALA
Fax: 011 502 22322651 (if a voice responds, say ''por favor, tono de fax'')

Ambassador Jose Guillermo Castillo
Embassy of Guatemala
2220 R St. NW
Washington DC 20008
Fax: 1 202 745 1908
Email: info@guatemala-embassy.org

Please send appeals immediately. Check with the AIUSA Urgent Action office if sending appeals after11 August 2006.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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