Urgent Action: Call Upon the Guatemalan Government to Ensure an End to Threats and Intimidation Affecting the Mack Case
From: Matthew Bray <Braym@lchr.org>
August 27, 2002
CALL UPON THE GUATEMALAN GOVERNMENT TO ENSURE AN
END TO THREATS AND INTIMIDATION AFFECTING THE MACK CASE
Three military officers charged with orchestrating the September 11, 1990
murder of a renowned Guatemalan anthropologist may finally face justice, nearly
twelve years after the murder. A trial date for General Edgar Augosto Godoy
Gaitán, Colonel Juan Valencia Osorio and Colonel Juan Guillermo Olivia
Carrera has been scheduled for September 3, 2002 in Guatemala City.
Myrna Mack was assassinated on September 11, 1990, in Guatemala
City. She had been stalked for two weeks prior to her death by a military
death squad, who targeted her in retaliation for her pioneering field work
on the destruction of rural indigenous communities resulting from military
counterinsurgency tactics in Guatemala's civil war. Since the murder,
Helen Mack, with the Lawyers Committee's support, has tirelessly fought to
bring her sister's killers to justice. In 1993, a low-ranking military intelligence
official was convicted for carrying out the murder, but his superiors have
thus far evaded justice.
Attacks, intimidation and threats against those associated with the case
have characterized the Mack case from the outset. A police officer involved
in the initial investigation was himself murdered, judges and witnesses have
been forced into exile and members of the Mack family and their representatives
have been subjected to a variety of threats. Such acts of intimidation
remain a constant obstacle to those in Guatemala seeking justice for human
rights violations.
The Lawyers Committee was extremely disturbed to learn of further threats
and intimidation directed against judges and a lawyer working on the case,
late last week. Reports indicate that there may have been attempts to
interfere with the decision-making of the Constitutional Court, as it convened
to consider one or more motions filed by the defense, including Amparo No.
1190-2002. This amparo motion is crucial to the proceedings as it concerns
the admissibility of several documents central to the case being put forward
by the complainant, Helen Mack. It is also likely that the Court's decision
on this matter will have significant bearing on other pending or future prosecutions
of criminal human rights abuses.
In addition, Mack Foundation attorney Licenciado Roberto Romero
received threats by telephone and his home was attacked on August 23. This
attack was carried out despite a protective measures order from the Inter-American
Court of Human Rights on Lic. Romero's behalf. Moreover, it is our understanding
that there was in place an agreement with the Guatemalan police that Lic.
Romero's house, along with two other locations, would be protected.
RECOMMENDED ACTION
The Lawyers Committee has written to the Guatemalan authorities, reminding
them of their obligations to ensure respect for human rights, and, in particular,
to ensure the administration of justice in an atmosphere free from fear and
intimidation. You can find the text of our letter, along with more background
information on the Mack case, on our web-site, at www.lchr.org/defender
.
Please write to the President, Minister of Interior, and President of the
Constitutional Court in Guatemala, expressing your concern about these recent
developments in the Mack case. We have provided a model letter below,
and encourage you to fax this, or similar text, to the Guatemalan authorities,
with copies to your diplomatic representatives in Guatemala. For US
citizens, this representative is:
Mr. Stephen McFarland
Chargé d'affaires
Embassy of the United States of America
Avenida Reforma 7-01, Zona 10
Guatemala City, Guatemala
Fax: 011 502 334 8477
Should you require more information, please contact Lorna Davidson (212
845 5251, <mailto:Davidsonl@lchr.org>Davidsonl@lchr.org) or Matthew
Bray (212 845 5298, Braym@lchr.org.
* * * * * * *
Lic. Alfonso Portillo Cabrera
President of the Republic of Guatemala
6a. Avenida 'A' 4-41, Zona 1
Ciudad de Guatemala, Guatemala
Fax: 011 502 253 0540
011 502 238 3579
Lic. Adolfo Reyes Calderon
Ministro de Gobernación
Ministerio de Gobernación
6a. Avenida 4-64, Zona 4
Ciudad de Guatemala
Guatemala
Fax: 011 502 362 0237/9
Pres. Lic. Nery Saul Dighero Herrera
Presidente
Corte Constitucionalidad
11 Ave. 9-37, Zone 1
Cuidad de Guatemala, Guatemala
Fax: 011 502 251 8215
Dear Sirs,
I would like to bring your attention to the case of Myrna Mack, the Guatemalan
anthropologist murdered in 1990. The trial of the former army officers
accused of ordering this murder highlights the triple challenge Guatemala
has faced in promoting international standards of due process, in ensuring
judicial integrity and autonomy in a highly intimidating atmosphere, and
in ensuring that no one is immune to prosecution for serious human rights
crimes.
As you are aware, nearly nine years ago Guatemala's Supreme
Court declared that the original trial of Noel de Jesus Beteta for the murder
sufficiently established that superior officers shared responsibility with
Beteta, and ordered that the proceedings continue to identify and try those
additionally responsible. Although that has not yet occurred, in accordance
with a judicial order issued in 1999 General Edgar Augosto Godoy Gaitán,
Colonel Juan Valencia Osorio and Colonel Juan Guillermo Olivia Carrera are
scheduled to stand trial on September 3, 2002, for their alleged roles in
the murder.
The delays and obstacles which have vastly complicated efforts to finally
bring this case to trial are a disturbing reflection of the intimidation
and violence confronting Guatemalan judges-in particular in cases which concern
individuals backed by powerful institutions and interests. The
progress that has been achieved in this important case is powerful testimony
to the courage and conviction of the courts which have endeavored to review
the evidence and determine legal responsibility. However, as you are well
aware, this has come at an extraordinary cost: the dozens of instances
in which judges felt compelled to withdraw from a case, to delay decisions,
to misinterpret Guatemalan law, and to flout international standards in the
face of the threats and violence. This violence has already cost the lives
or livelihoods of police investigators, witnesses, and other jurists connected
to this case. That fear - which is real and justified - is still
at play, and threatens to irreparably obstruct the process as it nears this
crucial juncture.
I am extremely disturbed to have received reports that there may have been
attempts to interfere with the decision-making of the Constitutional Court,
as it convened to consider one or more motions filed by the defense, including
Amparo No. 1190-2002. This amparo motion is crucial to the proceedings as
it concerns the admissibility of several documents central to the case being
put forward by the complainant, Helen Mack. It is also likely that the Court's
decision on this matter will have significant bearing on other pending or
future prosecutions of criminal human rights abuses. My concern about
possible pressure on the Court is heightened by recent threats against one
of the lawyers working on this case. It is reported that Mack Foundation
attorney Licenciado Roberto Romero received threats by telephone and his home
was attacked on August 23. This attack was carried out despite a protective
measures order from the Inter-American Court on Lic. Romero's behalf and an
agreement that his home would be protected by the police.
As you know, it is the obligation of the state to respect and ensure respect
for basic human rights in Guatemala. The American Convention on Human
Rights, to which Guatemala is a party, requires states to ensure that the
judiciary is able to act independently and impartially, so that all persons
can exercise their right to judicial protection (Article 25) and persons accused
of committing a crime receive a fair trial (Article 8). Despite this
obligation, attacks upon and threats against members of the judiciary have
been a serious and ongoing problem in Guatemala, in particular affecting cases
involving investigation and prosecution for gross human rights violations
by state agents. In this regard, I refer you to the report of the United
Nations Special Rapporteur on the independence of judges and lawyers, Mr.
Param Coomaraswamy, upon his mission to Guatemala in 1999 (E/CN.4/2000/61/Add.1,
6 January 2000). At that time, the Special Rapporteur found allegations
of threats, harassment and intimidation of Guatemalan judges to be well-founded
and cause for serious concern.
I therefore call upon you to investigate any reports of judicial
intimidation and to take measures to ensure that such intimidation is prevented
in the future so that judges are not subjected to improper attempts to interfere
with their deliberations. In particular, I urge the government to take steps
to ensure that the courts will be able to consider all amparos presented relating
to this case, including Amparo No. 1190-2002, fairly and without interference,
taking into account all of the arguments put forward by the parties and the
relevant domestic and international norms.
With regard to the threats against and attack upon Lic. Romero, I trust
that you will take immediate measures to ensure his safety and the safety
of his family. In compliance with the order of the Inter-American Court,
Lic. Romero and other representatives of the Mack Foundation must receive
adequate protection and any attacks or threats made against them must be
investigated thoroughly and the perpetrators brought to account.
Thank you for your consideration of this important matter.
Sincerely,
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