Guatemala Human Rights Commission/USA

GHRC/USA - URGENT ACTION!

February 28, 2007

UPDATE ON GUATEMALAN HUMAN RIGHTS ORGANIZATIONS ATTACKED AND THREATENED

- Take Action and Donate to Affected Human Rights Organizations Below -

As many of you may be aware, there were a number of recent attacks and series of threats against prominent Guatemalan human rights organizations and human rights defenders during early February 2007. Despite weeks of opportunity, the Guatemalan government has still failed to denounce these attacks and acts of intimidation, and has not made progress in the investigations.

The organizations attacked and threatened include the National Movement for Human Rights (MNDH), the Human Rights Defenders Protection Unit (UPDDH), Association for the Communication of Art and Peace (COMUNICARTE), Center for Human Rights Legal Action (CALDH), and the Community Studies and Psychosocial Action Team (ECAP). The MNDH, the UPDDH, and CALDH are close counterparts of GHRC.

On January 27, 2007, ECAP released a statement concerning the intimidations that they had received in connection with their work in Rabinal, Baja Verapaz, a department located in central Guatemala.  Since October 2006, ECAP has been the victim of several written, in person, and telephone threats for their psychosocial initiatives related to exhumations and with the survivors of the massacre of Plan de Sánchez.

On February 2, a tire of the vehicle of Otto Navarro, a lawyer who works with CALDH, was slashed.  Otto Navarro, Francisco Soto, Angélica González, and Jennifer Echeverria make up the team of lawyers at CALDH that provides legal support o people seeking justice on behalf of relatives killed in massacres during Guatemala's 36-year civil war and people affected by current violations.

Later that day on February 2, José Roberto Morales, coordinator of the Indigenous Peoples’ Rights Department of CALDH, left the office in a CALDH vehicle.  Upon arriving at his home in Guatemala City, he was kidnapped by two armed men.  After driving around for twenty minutes with José lying face down in the back of the vehicle, they released him in a nearby neighborhood, telling him that they would look for him at his house and kill him if he activated the vehicle’s alarm.  Later, the vehicle was found intact, with all of his belongings, including a laptop computer. This affirmed the assumption that the motive had not been robbery.

On February 5, a note was left on the windshield of the car of Angélica González, another CALDH lawyer.  The note said: “stop bothering with protection, protect yourself, don’t you understand with so much warning, tell Pancho [Juan Francisco Soto, Coordinator of the legal area of CALDH ] to take care of himself and his children and his wife, they are always alone, we always see them, and you f****** lawyer-gangsters, pieces of s***, that only want money, look for another job, if not one of these days we will go out for lunch together, as always it’s on us.  Get it into your heads you sons of b******]”. Her car had been parked in front of the office of the Presidential Commission on Human Rights (COPREDEH), where she had been attending a meeting. Angélica González is representing ECAP staff and José Roberto Morales before the Inter-American Commission on Human Rights.

Over the weekend of February 3 to 5, unknown assailants broke into and raided the offices of the MNDH, UPDDH, and COMUNICARTE. The raid was sophisticated and extensive. Every office had been forcibly broken into, and the vast majority of files and electronic equipment was taken. Twelve computers and several USB flash drives were stolen. COMUNICARTE’s video equipment was taken. COMUNICARTE’s loss totaled more than 250,000 quetzals (roughly US$32,440). A number of the internal walls were broken down or had holes drilled through them.   The perpetrators left behind human feces on the terrace, along with the gloves they used. As tactics of intimidation, they tied knots in computer cables in order to represent a hanging noose and placed a copy of MNDH’s 2005 annual report concerning human rights defenders in an access door. The report was titled “The Terror Continues”.

While staff members of these organizations were waiting for the Guatemalan authorities on the morning of February 5, a person in a red Toyota Corolla, with the license plate 654CLO, drove past and videotaped the group.

MNDH, UPDDH, and COMUNICARTE are shaken and traumatized by these events. The stolen computers and files contained extensive information on human rights violations, including documentation of attacks against human rights defenders since 2002. The MNDH was about to release its annual report for 2006. The computers stolen also contained encrypted information on financial and operational details of the member organizations of MNDH.

This break-in has crippled the capacity of these organizations to execute their projects and vital endeavors. All of these organizations have been playing an important role in promoting and defending human rights in Guatemala by pushing for an end to impunity and demanding justice for the atrocities that occurred during the internal armed conflict. Their ability to perform this work is now greatly reduced.

In addition, these acts seem to be intended to intimidate the broader Guatemalan human rights community. MNDH is the national umbrella organization for most Guatemalan human rights organizations, while the UPDDH investigates and documents attacks against human rights defenders. Therefore the effects of the break in and raid can be felt among all human rights defenders in Guatemala. 

All of these incidents have been reported to the Guatemalan Attorney General’s Office. Nevertheless, beyond collecting initial statements and visiting the crime scene, the National Civil Police (PNC), and the Attorney General have failed to make progress in the investigations. Moreover, neither the President nor the Vice President has publicly condemned these attacks and threats against Guatemala’s premier human rights organizations.

BACKGROUND INFORMATION:

In a press conference on February 6, affected organizations argued that these attacks could be related.  CALDH has been actively involved in investigating current and past cases of human rights violations that took place during the internal armed conflict in Guatemala (1960-1996). For example, in 2004 CALDH brought the case of the Plan de Sanchez massacre (carried out by government forces in 1982) before the Inter-American Court on Human Rights and achieved a ruling against the Guatemalan state, which was ordered to apologize and pay compensation to survivors. In addition, CALDH’s legal team has been advising the Association for Justice and Reconciliation (AJR) in the case charging former dictator Gen. Efraín Ríos Montt and other former military officials with genocide.

On July 7, 2006, the Spanish National Court issued international arrest warrants for Ríos Montt, Mejía Victores, Chupina Barahona, García Arredondo, Benedicto Lucas García, Angel Guevara, and Álvarez Ruiz for genocide, terrorism, torture, and illegal detentions. On November 7, 2006, Guevara and Chupina were arrested after a Guatemalan court processed the request for extradition issued by the Spanish.  Currently, the others remain free.  In press releases, Vice-President Eduardo Stein said: “Guatemalans that commit crimes in national territory should be tried in Guatemala.” Nevertheless, by promoting justice and truth, human rights defenders have been subject to systematic attacks. In 2006, 278 human rights defenders were attacked, including 14 murders. These occurrences for 2006 are sharp increases from the 224 attacks in 2005, including 3 homicides.

In October 2006, the AJR formally asked the Attorney General to request Judge Roberto Peñate to subpoena Ríos Montt for an initial statement, after which formal charges could be filed.  Four months later there has been no response from the stated authorities.  On February 7, 2007, CALDH and the AJR presented a complaint to the judge, voicing their discontent with the Attorney General and requesting that the judge proceed with collecting Ríos Montt’s affidavit in order to formally accuse him of genocide against the Maya Ixil people under his government.

If this step is taken in the case it would prevent Ríos Montt from running as a candidate in the upcoming elections. Candidates for the general elections in September 2007 can begin registering after May 3. Ríos Montt has already publicly stated his desire to run for the Guatemalan Congress as part of the FRG party.

ECAP offers psychosocial accompaniment to survivors of genocide, including members of the AJR and other witnesses in cases of human rights violations committed by the military during the armed conflict. 

The UPDDH records all cases of attacks against human rights defenders throughout Guatemala.  Soon the group will release a report analyzing high-impact cases involving human rights defenders in 2006, including the continuing attacks against ECAP. 

COMUNICARTE produces audiovisual materials focusing on history, social memory and the internal armed conflict. COMUNICARTE is currently finishing documentaries on topics such as genocide, the Dos Erres massacre, and the women of the Ixcán.

GHRC and the human rights organizations attacked and threatened believe that the perpetrators of these crimes belong to illegally armed, clandestine groups. There are several clandestine groups that operate in Guatemala. Their members are linked to businesses and security companies, and they include common criminals, gang members and possibly both serving and retired members of the armed forces. As they have infiltrated the police, other branches of the security forces, and the government, they are able to control lucrative illegal activities such as drug smuggling and guarantee immunity from prosecution. They have been shown to be responsible for threatening or killing human rights defenders in the past.

[Information for this Urgent Action has been compiled from Center for Human Rights Legal Action (CALDH), Human Rights Defenders Protection Unit (UPDDH), Mutual Support Group (GAM), NISGUA, Human Rights First, and Amnesty International Urgent Action Network. We appreciate their contributions!]

TAKE ACTION HERE!

GHRC is asking you to take urgent action. Because of these attacks and threats against GHRC’s human rights counterparts in Guatemala, we are concerned about the rise in violence and intimidation against these organizations and others that promote and defend human rights. Moreover, the Guatemalan authorities have still failed to adequately respond to these attacks. Therefore, we ask that you profess your solidarity with the Guatemalan human rights organizations and human rights defenders attacked and threatened by sending a fax (if someone answers say ''tono de fax por favor''), hand written letter, or email to the Attorney General and the Vice President of Guatemala:

• Expressing concern for the safety of the offices and personnel of MNDH, UPDDH, COMUNICARTE, CALDH, and ECAP;
• Urging the Attorney General to continue carrying out thorough and independent investigations into 1) the recent break-in and raid of the MNDH, UPDDH, and COMUNICARTE offices, 2) the kidnapping and death threats experienced by CALDH, and 3) the threats against ECAP – and to closely monitor these investigations;
• Calling on the Vice President to publicly condemn these attacks and threats against the human rights organizations;
• Calling on the Vice President to publicly recognize the legitimacy and importance of the work performed by Guatemalan human rights defenders; and
• Reminding the authorities of their obligations to recognize the legitimacy of the activities of human rights defenders and their right to carry out their activities without any restrictions or fear of reprisals, as set out in the UN Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;

Unless we take action today, these organizations, their personnel, and other human rights defenders may face future threats, attacks, intimidation, and even attempts on their lives. You can send your own message or send GHRC’s drafted message, pasted below. Moreover, we ask that you carbon copy your email, or send a copy to UPDDH, CALDH, the Guatemalan Ambassador to the US or the Guatemalan Ambassador to Canada (depending on where you reside) and GHRC’s office at ghrc-usa@ghrc-usa.org - so that we may be able to thank you for taking action. Thank you for your time and solidarity with Guatemalan human rights defenders.

DONATE TO HUMAN RIGHTS ORGANIZATIONS THAT LOST COMPUTERS, FILES, AND RESOURCES!

In addition to responding to these attacks against GHRC’s counterparts in Guatemala with letters of support, we are also asking for donations to help the MNDH, UPDDH, and COMUNICARTE recover some of the resources that they lost. As mentioned in the Urgent Action, 12 computers, several USB flash drives, video cameras, and other expensive items were stolen, not to mention invaluable files and archives. The amount of damage for the three organizations has totaled more than US $50,000. Therefore, if you would like to help these incredible human rights organizations get back on their feet and continue their important endeavors, please send a check to the Guatemala Human Rights Commission / USA; 3321 12 th St., NE; Washington DC 20017. Please make the check out to the Guatemala Human Rights Commission or “GHRC” and put “human rights attacks” in the memo part of the check. Or if you wish, you can call GHRC at 202.529.6599 or email GHRC at ghrc-usa@ghrc-usa.org and send us your credit card information (including your name, credit card number, and expiration date). Funds collected will be dispersed to the three organizations. GHRC and the three human rights organizations appreciate your solidarity and support.

DRAFTED MESSAGES READY TO SEND!

Attorney General and Head of the Public Prosecutor's Office:
Fiscal General de la Republica y Jefe del Ministerio Publico
Lic. Juan Luis Florido
15 avenida 15-16
Zona 1, Barrio Gerona, 8vo. Nivel
Guatemala, Guatemala
Fax: 011 502 2411 9124

Estimado Sr. Fiscal General / Dear Attorney General,

I write to express my grave concern about the recent attacks and threats against Guatemalan human rights organizations and human rights defenders that occurred in early February 2007. I recently learned of the break-in and raid of the Movimiento Nacional por los Derechos Humanos (MNDH), Unidad de Protección de Defensoras y Defensores de Derechos Humanos (UPDDH), and Asociación Comunicación para el Arte y la Paz (COMUNICARTE) offices, the kidnapping and death threats experienced by Centro para la Acción Legal en Derechos Humanos (CALDH), and the threats against Equipo de Estudios Comunitarios y Acción Psicosocial (ECAP). I am fearful that these human rights organizations and the lives of their personnel are in grave danger as a result of these attacks and threats.

I am also aware that your office has begun investigations into these acts of violence by visiting the crime scenes and taking initial statements from the targeted human rights defenders. Nevertheless, I ask that you continue to carry out a thorough, impartial, and timely investigation of all of these attacks and threats, and ultimately bring the responsible perpetrators of these crimes to justice.

In addition, I want to remind the Guatemalan government of its obligations to recognize the legitimacy of the activities of human rights defenders and their right to carry out their activities without any restrictions or fear of reprisals, as set out in the UN Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

Please use the full extent of your influence to ensure that a thorough investigation is carried out and that MNDH, UPDDH, COMUNICARTE, CALDH, ECAP, and their personnel are safe from future threats, acts of intimidation, and attacks. I thank you for your time and attention to this letter.

With grave concern,

YOUR NAME AND ADDRESS HERE

 

Vice President of Guatemala
Vicepresidente de la República de Guatemala
Lic. Eduardo Stein Barillas
Casa Presidencial, 6a. Avenida 4-18, Zona 1
Guatemala, Guatemala
Fax: 011 502 2253 0801
Email: vicepresidente@scspr.gob.gt

Estimado Sr. Vicepresidente / Dear Vice President

I write to express my grave concern about the recent attacks and threats against Guatemalan human rights organizations and human rights defenders that occurred in early February 2007. I recently learned of the break-in and raid of the Movimiento Nacional por los Derechos Humanos (MNDH), Unidad de Protección de Defensoras y Defensores de Derechos Humanos (UPDDH), and Asociación Comunicación para el Arte y la Paz (COMUNICARTE) offices, the kidnapping and death threats experienced by Centro para la Acción Legal en Derechos Humanos (CALDH), and the threats against Equipo de Estudios Comunitarios y Acción Psicosocial (ECAP). I am fearful that these human rights organizations and the lives of their personnel are in grave danger as a result of these attacks and threats.

I am also aware that the Attorney General’s office has begun investigations into these acts of violence by visiting the crime scenes and taking initial statements from the targeted human rights defenders. Nevertheless, I ask that you closely monitor these investigations to make sure that they are thorough, impartial, and timely, and that ultimately the perpetrators of these crimes are brought to justice.

Moreover, I call on you to publicly condemn these attacks and threats against these human rights organizations, and to publicly recognize the legitimacy and importance of the work performed by Guatemalan human rights defenders.

In addition, I want to remind the Guatemalan government of its obligations to recognize the legitimacy of the activities of human rights defenders and their right to carry out their activities without any restrictions or fear of reprisals, as set out in the UN Declaration on the Rights and Responsibilities of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. Please use the full extent of your influence to ensure that a thorough investigation is carried out and that MNDH, UPDDH, COMUNICARTE, CALDH, ECAP, and their personnel are safe from future threats, acts of intimidation, and attacks. In addition, please publicly denounce these attacks and threats and recognize the important endeavors of human rights defenders in Guatemala. I thank you for your time and attention to this letter.

With grave concern,

YOUR NAME AND ADDRESS HERE

 

PLEASE SEND FAX COPIES OR CARBON COPIES TO:

Human Rights Defenders Protection Unit
Unidad de Protección de Defensoras y Defensores de Derechos Humanos
Movimiento Nacional de Derechos Humanos
1 Avenida 0-11, Zona 2 Colonia Lo de Bran
Guatemala, Guatemala
Fax: 011 502 2232 2651
Email: udefegua@yahoo.com

Association for the Communication of Art and Peace
Email: comunicartevideo@intelnett.com

Center for Human Rights Legal Action
6 Avenida 1-71, Zona 1
Guatemala, Guatemala
Fax: 011 502 2230 3470
Email: caldh@caldh.org

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

Ambassador Carlos Humberto Jiménez to Canada
Embassy of Guatemala
130 Albert Street; Suite 1010
Ottawa, Ontario K1P 5G4
Tel: 1 613 233-7188
Fax: 1 613 233-0135

Guatemala Human Rights Commission- USA
GHRC-USA
3321 12th St, NE
Washington, DC 20017
Fax: 202-526-4611
ghrc-usa@ghrc-usa.org

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