URGENT APPEAL FOR ACTION AND SUPPORT
RIO NEGRO MASSACRE TRIAL GUATEMALA
October 30, 1998 - from Guatemala News & Information Bureau <gnib@igc.apc.org>
If anyone would be interested in going to Guatemala to be a presence at the trial please contact Guatemala Partners immediately.
SUMMARY & BACKGROUND:
Guatemala Partners sends this Urgent Appeal to demand protection and raise legal and political support for eye-witnesses to and survivors of the March 13, 1982, Rio Negro massacre of 70 women and 107 children. This is the first time in Guatemalan history that authors of one of the hundreds of massacres of Mayan communities during the early 1980's will be legally tried in court for their acts.
Rio Negro Massacre Trial: On March 13, 1982, civil defense patrollers, under the command of soldiers from the Guatemalan Army, massacred 107 Maya-Achi children and 70 women outside the rural village of Rio Negro, in Rabinal, Department of Baja Verapaz.
In 1993, forensic teams carried out an exhumation near Rio Negro, Rabinal--digging up, and forensically examining the remains of the 177 massacre victims. Since then, survivors of and eye-witnesses to the massacre have been working to painstakingly push the criminal case forward in the courts, against three former civil defense patrollers who are presently detained.
Despite the ever-present and well-entrenched impunity in Guatemala, a precedent was established when the November 9, 1998, date was set for the trial of detained Civil Defense Patrollers--this is the first time that one of the hundreds of massacres committed in the early 1980's, as part of the military's counter-insurgency campaign, will reach trial.
Since the exhumation and particularly since a petition for amnesty on behalf of the detained patrollers was denied, former soldiers, military commissioners and civil defense patrollers have threatened, assaulted and otherwise intimidated the survivors and witnesses who filed the exhumation and criminal proceedings in early 1993. Since the November 9, 1998, date was set for the Rio Negro massacre trial, these threats and acts of violence have increased again.
The importance of this trial must be understood in the context of the tenuous process Guatemala is going through, investigating and addressing the crimes of the past. Crucial to the possibility of national reconciliation and re-building, is the challenge of dismantling the political and legal structures of impunity and establishing 'rule of law' as the basis for democracy.
Should the Rio Negro massacre case fail, not only would it serve to maintain the structures impunity at the national level, but it would also condemn residents of Rabinal to continue to live subject to the violence and intimidation inflicted upon them by the same men who massacred, raped and tortured the population in the 1980's. The people threatening and attacking the witnesses today are some of the same people who, up until recently, violently dominated every aspect of the lives of their neighbors.
Since the date of the trial was announced, witnesses and community leaders have been subject to the following threats and attacks:
On October 26, the lives and security of key witnesses and their families were threatened. Former civil defense patrollers and soldiers personally and warned them not to testify in the trial, upon the threat of death.
On October 25, former patrollers and soldiers threatened to burn the office of the Rabinal Widows, Orphans and Displaced Committee.
On October 10, the Pacux Widows Committee's corn grinding mill was burned and completely destroyed in the night.
Former military commissioners and civil patrollers have increased their visible presence in and around the town of Rabinal and the neighborhood of Pacux.
These are only the most recent, albeit serious threats and actions in a long campaign to intimidate witnesses and community leaders, which has been on-going throughout 1997 and 1998. For example:
In March 1998, a community leader was assaulted. A legal complaint was never filed due to fear.
In March 1998, during a community meeting in the neighborhood of Pacux, former military commissioners, soldiers and patrollers created up huge tension during the meeting, and explicitly threatened to lynch members of the Rabinal Widows and Orphans Committee, including an international human rights worker present.
On March 14, 1998, several shots were fired at a leader of the Rabinal Widows, Orphans and Displaced Committee while he walked his son home from school. This attempted assassination has not been investigated by the Public Prosecutor's office.
Incendiary and false information, directed against the leadership of the Rabinal Widows, Orphans and Displaced Committee, has been disseminated by word of mouth and radio.
Threats of the destruction and theft of property of community leaders have regularly been made.
Witnesses must not be prevented from testifying because of threats to their lives and the lives of their loved ones. We demand that the Guatemalan government fully protect the lives and well-being of witnesses and their families. Such protection should include:
An increased and concerted presence of National Civilian police officers in the neighborhood of Pacux and in the town of Rabinal, from now until several months after the trial is over, when witnesses return to Pacux.
That the Public Prosecutor fully investigate all complaints filed by residents of Pacux and Rabinal reporting acts of violence and threats, issuing detention orders when appropriate.
That the National Civilian Police expeditiously search for weapons illegally in the possession of former soldiers, Civil Defense Patrollers, and Military Commissioners. It is strongly suspected that such a weapon was used in the March 14, 1998 attempted assassination of a leader of the Rabinal Widows and Orphans Committee.
While these measures are requested to protect the lives of witnesses immediately, we also ask that the longer term well-being of inhabitants of Rabinal be protected by:
An increase in the presence of the Civilian National Police not only in the township of Rabinal but also in outlying communities.
The establishment a regional office of the Human Right Procurator in Rabinal.
The withdrawal of the military outpost in Rabinal concurrent with the increase in the presence of the Civilian National Police. Please note that Rabinal is an area in central Guatemala and according to the Peace Accords signed Dec. 29, 1996 the military's role in Guatemala should be limited to protecting national borders.
Assignment of sufficient human and material resources to the Public Prosecutors office in Salama, Baja Verapaz so that they may do their job expeditiously, and
Investigating and prosecuting outstanding legal complaints filed for crimes such as massacres, rape, torture, kidnapping, threats, etc.
For more information, contact Guatemala Partners.
SUGGESTED PEOPLE TO CALL AND/OR CONTACT:
Alan Meltzer
US Embassy Human Rights Officer
telephone: 011-502-331-1541 ext.202
fax 011-502-331-0564
Peter Romero
Acting Assistant Secretary of State for International Affairs
telephone: (202) 647-5780
fax: (202) 647-0791
Lic. Alvaro Arzu Irigyen
President of the Republic of Guatemala
fax: 011-502-221-4537
email: alvaroarzu@guateconnect.com
Lic. Hector Hugo Perez Aguilera
Fiscal General de la Nacion
fax: 011-502-251-5386
Emabassador William Stixrud
Embassy of Guatemala
fax: (202) 745-1908
Lic. Julio Eduardo Arango
Human Rights Procurator
fax: 011-502-230-0775
Jean Arnault MINUGUA
fax: (212) 963-9940
tel: (212) 963-9941 or 963-9942 or 963-9943
SAMPLE LETTER IN ENGLISH:
Dear XX:
It has come to my attention that the witnesses in the Rio Negro massacre trial, scheduled to begin November 9, 1998, have been receiving threats to the lives of their families and themselves should they testify in the upcoming trial. Additionally, a leader in pursuing this legal case was subject to an assassination attempt in March of this year. Though legal complaints for the threats and assassination attempt have been filed the Guatemalan government has made virtually no effort to investigate these crimes, let alone provide protection.
This is a historic case. It is the first time in Guatemalan history that authors of one of the hundreds of massacres of Mayan communities during the early 1980's will be legally tried in court for their acts. The Guatemalan Constitutional Court has already denied their petition for amnesty.
I demand that the Guatemalan government provide protection to the witnesses in this case. This protection should include:
- An increased and concerted presence of National Civilian police officers in the neighborhood of Pacux and in the town of Rabinal, from now until several months after the trial is over, when witnesses return to Pacux.
- That the Public Prosecutor fully investigate all complaints filed by residents of Pacux and Rabinal reporting acts of violence and threats, issuing detention orders when appropriate.
- That the National Civilian Police expeditiously search for weapons illegally in the possession of former soldiers, Civil Defense Patrollers, and Military Commissioners. It is strongly suspected that such a weapon was used in the March 14, 1998 attempted assassination of a leader of the Rabinal Widows and Orphans Committee.
While these measures are requested to protect the lives of witnesses immediately, I also ask that the longer term well-being of inhabitants of Rabinal be protected by:
- An increase in the presence of the Civilian National Police not only in the township of Rabinal but also in outlying communities.
- The establishment a regional office of the Human Right Procurator in Rabinal.
- The withdrawal of the military outpost in Rabinal concurrent with the increase in the presence of the Civilian National Police. Please note that Rabinal is an area in central Guatemala and according to the Peace Accords signed Dec. 29, 1996 the military's role in Guatemala should be limited to protecting national borders.
- Assignment of sufficient human and material resources to the Public Prosecutors office in Salama, Baja Verapaz so that they may do their job expeditiously, and
- Investigating and prosecuting outstanding legal complaints filed for crimes such as massacres, rape, torture, kidnapping, threats, etc.
Thank you for your prompt attention in this urgent matter.
Sincerely,
CARTA EJEMPLAR EN ESPANYOL
Estimado (a):
Me he enterado acerca de las amenazas de muerte en contra de los testigos del caso de la masacre de Rio Negro. El debate en dicho caso empezara el proximo 9 de noviembre. En marzo de este año, uno de los testigos claves sufrio un atentado de muerte. Aun cuando ya se pusieron las denuncias respectivas, el Gobierno de Guatemala no ha mostrado ningun esfuerzo en investigar estos actos criminales, mucho menos proveer proteccion a los testigo.
Este caso es historico. Por primera vez, los autores de uno de los cientos de masacres de comunidades indigenas a principios de los 80's; seran procesados. La Corte Constitucional ya ha denegado la peticion de amnistia a los autores de este caso.
Por este medio, exigo que el Gobierno Guatemalteco provea proteccion a los testigos de este caso. Esta proteccion debe incluir:
-Inmediata y coordinada presencia de la Policia Nacional Civil en el area de Pacux, y en el municipio de Rabinal; hasta varais meses despues de finalizado el proceso.
-Completa investigacion, incluyendo medidas de accion por parte del Ministerio Publico acerca de las amenazas y actos de violencia en contra de los residentes de Pacux y Rabinal.
-Que la Policia Nacional Civil efectue una despistolizacion en la comunidad de Pacux, Rabinal, especialamente de los ex-miembros del Ejercito, Patrullas Civiles, y Comisionados Militares del area. (El 14 de marzo de 1998, uno de los lideres la Coordinadora de Viudas y Huerfanos Maya-Achi de Rabinal sufrio un atentado con arma de fuego).
Estas medidas podran proteger la integridad fisica de los testigos. De la misma manera, abogo por la seguridad de todos los habitantes de Rabinal, de la siguiente manera.
-Incremento de la presencia de la Policia Nacional Civil no solo en el municipio de Rabinal sino en todas las comunidades cercanas.
-Establecer una oficina regional de la Procuraduria de Derechos Humanos en Rabinal.
-El retiro del puesto militar de Rabinal, en coordinacion con el incremento de la Policia Nacional Civil. Recuerde que en base al Acuerdo de Paz firmado el 29 de diciembre de 1996, el Ejercito de Guatemala debe limitarse exclusivamente a la proteccion de las fronteras nacionales.
-Aumento de los recursos humanos y materiales al Ministerio Publico en Salama, Baja Verapaz, a efecto de que realice un mejor trabajo.
-Investigar y procesar legalmente y efectivamente las masacres, violaciones, torturas y amenazas ya denunciado con el Ministerio Publico de Salama.
Agradeciendo su atencion inmediata a este caso urgente,
Sinceramente,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Guatemala News and Information Bureau (GNIB)
3181 Mission Street Box 12
San Francisco, CA 94110
Phone/fax: (415) 826-3593
gnib@igc.apc.org
Back to Top of Page