[Congressional Record Volume 140, Number 117 (Thursday, August 18, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                   JUDICIAL ASSISTANCE FOR GUATEMALA

                                 ______


                          HON. LEE H. HAMILTON

                               of indiana

                    in the house of representatives

                       Thursday, August 18, 1994

  Mr. HAMILTON. Mr. Speaker, in March 1993, the Agency for 
International Development proposed to renew a judicial sector reform 
support project for Guatemala. Included in that proposed project was 
assistance to the Public Ministry in Guatemala. Given the past record 
of that institution, I requested that the portion of the proposed 
project which would provide assistance to the Public Ministry be placed 
on hold until certain benchmarks were met. My correspondence with AID 
at that time is included in the Congressional Record of August 3, 1993 
[E1968].
  AID has since that time consulted closely with the Committee on 
Foreign Affairs on this project. Based on recent developments in 
Guatemala, I am no prepared to support the release of those funds. I 
commend Administrator Atwood and his staff for the careful consultation 
with the committee and commend my most recent correspondence with 
Administrator Atwood, which follows, to the attention of my colleagues.


                                 Committee on Foreign Affairs,

                                  Washington, DC, August 15, 1994.
     Hon. J. Brian Atwood,
     Administrator, Agency for International Development, 
         Washington, DC.
       Dear Brian: Thank you for your letter of August 10 
     regarding the hold I placed on portions of AID project number 
     520-0407, the Judicial Sector Reform Support project for 
     Guatemala.
       As you know, I have had continuing concerns over several 
     elements of this program, in particular aid to the Public 
     Ministry. I believe that the developments cited in your 
     letter, and the specific steps you have taken to structure 
     such aid, meet my concerns. I am therefore lifting that hold.
       I would like to commend you and your staff, Mr. 
     Administrator, for the manner in which you have consulted 
     with this committee on these issues. I commend particularly 
     Mr. Neil Levine, Congressional Liaison Division, for his 
     careful and tireless work in ensuring that these serious 
     concerns were addressed. This kind of consultation helps to 
     strengthen executive-legislative relations.
       Thank you for your cooperation in this matter.
       With best regards,
           Sincerely,
                                                  Lee H. Hamilton,
                                                         Chairman.
                                  ____

                                                  August 10, 1994.
     Hon. Lee Hamilton,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: I would like to take this opportunity to 
     update you on recent developments in Guatemala and to inform 
     you of the Agency's desire to move forward at this time with 
     $1.5 million in assistance for the Justice Sector Reform 
     Project.
       As you may recall, last year we agreed to withhold 
     assistance to the Guatemalan Public Ministry until we had 
     confidence both in the leadership of the Ministry and that 
     our program would enhance the protection of human rights for 
     Guatemala's citizens. We strongly believe that because of key 
     changes within the Public Ministry, as well as historic 
     developments related to the Guatemalan Peace Process, the 
     time has come to put these funds to work.
       Since the time of the original notification in March 1993, 
     important events have transformed the Guatemalan political 
     landscape. The former Human rights Ombudsman, Ramiro De Leon 
     Carpio, emerged from the June 1993 constitutional crisis as 
     the new President of Guatemala. He is determined to make 
     Guatemalan institutions serve the majority of Guatemala's 
     people. He has called for a ``depuracion'' or cleansing of 
     Guatemala's judicial and legislative branches and worked to 
     ensure that a greater share of Guatemala's national budget 
     goes to those areas of the country in greatest need.
       In the justice sector, a new criminal procedures code 
     designed to transform an antiquated, closed and inefficient 
     system of justice into one that is transparent, accountable 
     and more accessible to the traditionally disenfranchised went 
     into effect on July 1 of this year. One of the principal 
     features of the new code is the creation of an empowered 
     Public Ministry able to investigate and prosecute criminal 
     cases with complete autonomy. In May of this year, the 
     Guatemalan Congress also passed a new ``organic law'' which 
     codifies the changes in the Public Ministry needed to 
     implement the new criminal procedures code. The Government of 
     Guatemala's commitment to judicial reforms has also been 
     expressed through increased budget authority for justice 
     sector institutions.
       As part of the package of constitutional reforms negotiated 
     between the executive and legislative branches and then 
     ratified through a popular referendum last January, the 
     Public Ministry has been reorganized, dividing the functions 
     of the old Public Ministry into two separate entities: a new 
     Public Ministry responsible for the investigation and 
     prosecution of all criminal cases, and a Solicitor General's 
     Office charged with representing the State in all civil (non-
     criminal) matters. This division delinks the functions of the 
     Public Ministry and the Chief Prosecutor who heads it from 
     the functions of counsel to the President and line 
     ministries, thus greatly increasing the autonomy of the new 
     Public Ministry and curtailing the tendency toward political 
     interference in the vigorous prosecution of any and all 
     criminal cases.
       The process for selecting a Prosecutor General was also 
     changed by requiring the President to select from a list of 
     nominees established by a blue ribbon commission from the 
     judicial sector. On May 14, President De Leon appointed 
     Ramses Cuestas Gomez, a respected law professor, as the new 
     Prosecutor General and head of the Public Ministry. One of 
     Cuestas' early decisions was to dismiss the entire 
     investigative unit of the Public Ministry and to institute a 
     new process for the recruitment and selection of qualified 
     candidates based on thorough background checks, thus assuring 
     that new investigators would be technically competent and 
     without any previous affiliation with military intelligence.
       Reinforcing our conviction that this is the right time to 
     go forward with the justice sector project is the historic 
     progress made this year in the protracted negotiations 
     between the De Leon government and the URNG, the Guatemalan 
     armed guerrilla movement. Since January, the parties have 
     signed a framework accord setting a calendar aimed at 
     achieving a comprehensive peace settlement by the end of the 
     year, and three substantive agreements on human rights, 
     refugees, and a commission to examine and report on abuses 
     during the armed conflict. The human rights agreement, signed 
     on March 29, calls for the dispatch of a UN mission to 
     Guatemala, charged with monitoring compliance with a detailed 
     human rights agreement, through the strengthening of national 
     institutions.
       We see a strong connection between the operations of this 
     mission and the justice sector reform project, and expect to 
     coordinate our work closely with it. The presence of a 
     human rights verification team in-country means that new 
     cases may soon flow into a system that is ill-prepared to 
     carry out its functions. Our assistance is targeted 
     specifically to assist Guatemalan institutions in 
     implementing a new legal code, designed to move to a 
     system of oral proceedings, provide adequate public 
     defense and to improve investigative and prosecution 
     functions. While we have already begun work with the 
     Supreme Court and the San Carlos Law School, without 
     training prosecutors and investigators of the Public 
     Ministry, the project lacks a critical feature for 
     accomplishing its goal. In short, we have a ``two-legged 
     stool'' which fails to bring us closer to the goal that we 
     share--i.e., advancing respect for human rights by making 
     the justice system function better for all Guatemalan 
     citizens.
       State Department and USAID representatives have shared our 
     views on these developments with your staff and with 
     representatives of human rights organizations here and in 
     Guatemala. We felt those meetings were very productive and we 
     want to be as responsive as possible to the concerns raised. 
     We fully agree that all investigators and prosecutors 
     receiving U.S.-financed training must undergo background 
     checks. This will be accomplished by the U.S. Embassy in 
     Guatemala and through consultations with our local 
     counterparts. Should any questions arise concerning the 
     background of an individual, the individual will not receive 
     training. Concerning other employees of the Public Ministry, 
     we are prepared to suspend assistance to the project if, at 
     any time, we believe that any individual in a significant 
     position of responsibility has compromised the integrity of 
     the project. We will make this clear to the Guatemalans as a 
     condition of our collaboration.
       In response to concerns raised in your letter, I have asked 
     the State Department to prepare the enclosed paper on the 
     status of the major human rights cases in Guatemala. As you 
     will note, the record is mixed. Release of the suspended 
     project funds now sends a message of support for the peace 
     process, provides important resources to reform a weak and 
     outdated judicial system, and provides positive reinforcement 
     to the work of the human rights verification mission. 
     Although we continue to push for progress on individual 
     cases, we believe that developments in Guatemala warrant 
     moving forward now to advance institutional change and to 
     help ensure that future cases can be prosecuted and justice 
     delivered.
       Mr. Chairman, judicial reform in Guatemala is a long-term 
     process requiring concerted efforts by Guatemalans with the 
     sustained support of the international community. Although 
     the wholesale violence of the early 1980s thankfully has not 
     returned, major and egregious violations continue. More 
     importantly, impunity remains one of Guatemala's most severe 
     problems. Developments under President De Leon, a reform-
     minded leader who shares our commitment to human rights and 
     democratic governance, and advances in the peace process 
     provide us an opportunity to put U.S. assistance to work. We 
     seek to bring about institutional change to advance democracy 
     and human rights and to hasten the day that the longest civil 
     war in Central America is finally and peacefully brought to 
     an end.
       As I pledged to you last year, I want to see USAID's 
     administration of justice activities succeed in furthering 
     respect for human rights, not only in Guatemala, but around 
     the world. I want to renew that pledge and with your 
     agreement, I propose that USAID move forward with the $1.5 
     million in assistance for the Justice Sector Reform Project.
           Sincerely,
                                                  J. Brian Atwood.
                                  ____

       The following is an update of the status of the major human 
     rights cases in Guatemala.


                             amilcar mendez

       Human rights activist Amilcar Mendez is the leader of the 
     Consejo de Comunidades Ethnicas Runujel Junam (CERJ), a 
     rural-based human rights organization. Over the years, a 
     number of CERJ activists, including Amilcar Mendez, have 
     received threats. Some CERJ activists have been killed. CERJ 
     often has had difficulties with Civil Defense Patrollers 
     (PAC's) since it pays close attention to alleged PAC 
     violations.
       A number of specific incidents have involved Amilcar Mendez 
     or his extended family over the last two years. In October 
     1992, he was charged with providing explosives to Guatemalan 
     guerrillas. In November, the Charge d'Affairs personally 
     accompanied Mendez to a Quiche tribunal to face the charges. 
     The charges were dropped in March 1993, Mendez never having 
     served time in jail. Throughout this period, the U.S. was 
     active in meeting with legal and human rights authorities to 
     seek justice in this case.
       CERJ's Guatemala City office was broken into on May 8, 1993 
     and, later that year, one of Mendez' teenage nieces was 
     kidnapped and raped. The U.S. Embassy was in rapid contact 
     with police authorities following the break-in, as well as 
     with CERJ members manning the office. In the case of the 
     niece, the Ambassador paid a personal call to the girl's 
     family the day after her release and raised this matter with 
     Government officials. The police conducted an investigation, 
     but no arrests were made.
       In January of this year, a motorcyclist (with his face 
     covered) apparently tried to run over Mendez' sixteen-year-
     old daughter. The police investigated the case, but no arrest 
     was made. The Ambassador met with Mendez that same day, who 
     sent his daughter to the U.S. until June for her own safety. 
     She has not been bothered since her return. Nonetheless, on 
     June 29, Mendez' son called the Embassy to say armed men were 
     outside his home. The Embassy contacted the Presidential 
     Human Rights Commission Office (COPREDEH) and the National 
     Police Chief. This led to the dispatch of a police patrol to 
     the Mendez home. The armed men had left by the time the 
     police arrived.
       Amilcar Mendez continues to be active and in the news. 
     Recently, he filed a motion to have the Defense Minister 
     tried for permitting forced recruitment. The U.S. Embassy 
     maintains close and fluid contact with Mendez. Guatemalan 
     authorities have responded to incidents directly affecting 
     him and recognized his right to pursue his human rights work. 
     Guatemalan authorities have also shown a willingness to meet 
     with Mendez.


                               myrna mack

       Myrna Mack, a Guatemalan anthropologist studying displaced 
     persons, was killed in September 1990. Noel de Jesus Beteta 
     Alvarez, then a member of the Presidential Defense Staff 
     (``Estado Mayor Presidencial''), was implicated in the case. 
     He fled to California, but was returned to Guatemala in 
     December 1991.
       In February 1993, a trial court convicted Beteta, 
     sentencing him to 25 years for the Mack murder and five years 
     in an unrelated case. Beteta filed an appeal, as did Helen 
     Mack, Myrna's sister. Helen Mack's appeal requested that the 
     case against the alleged intellectual authors remain open. In 
     late 1993, Beteta briefly escaped from prison, but was 
     recaptured within hours.
       In February 1994, in two milestone rulings, the Supreme 
     Court confirmed the sentence against Beteta and ruled the 
     investigation into the intellectual authors should remain 
     open. The alleged intellectual authors (retired military 
     officers) have appealed this ruling to the Constitutional 
     Court. The Embassy was in close contact with Helen Mack and 
     Judicial and Executive Branch officials at this time urging a 
     speedy and just decision on these appeals.
       Helen Mack has a separate appeal pending with the 
     Constitutional Court concerning the release of Executive 
     Branch documents concerning the case. The Executive Branch 
     maintains that it does not have any files not already 
     released to the courts.
       The U.S. Embassy maintains close contact with Helen Mack 
     and has spoken repeatedly to Government authorities over the 
     need for justice in this case.


                             michael devine

       Michael Devine was an U.S. citizen resident of Poptun, 
     Peten for 18 years prior to his June 8, 1990 abduction and 
     murder. Several persons saw the abduction; none witnessed his 
     murder. Subsequently, the U.S. Embassy became aware that 
     Guatemalan military personnel had killed Devine. Lack of 
     movement in the case and attempted coverup led to the 
     suspension of U.S. military assistance in December 1990.
       After persistent Embassy prodding, five enlisted men were 
     tried and convicted for participation in the killing; charges 
     were dismissed against one officer believed involved. This 
     dismissal was appealed.
       On appeal, Captain Contreras was convicted in the case and 
     sentenced to 20 years. Immediately after this May 11, 1993 
     decision, Contreras escaped from custody on a military base. 
     He remains at large. The enlisted men convicted in the Devine 
     murder are appealing their conviction and a decision is not 
     expected for several months.
       The Ambassador and other Embassy officials have 
     consistently pressed for justice in this case, including 
     seeking the return of Captain Contreras.
       During the last seven months, there have been several 
     violent acts committed against relatives of persons who 
     testified in the court trial leading to the above 
     convictions. Two persons have been killed and another was the 
     target of an attempted shooting. The Embassy is in close 
     touch with Guatemalan officials and human rights 
     organizations over the safety of these persons and is also 
     pursuing the possibility of parole in two cases.


                            santiago atitlan

       In the early morning hours of December 2, 1990, a large 
     group of Santiago Atitlan residents gathered in front of the 
     local army detachment to protest incidents of military 
     harassment and violence against townspeople. The detachment 
     opened fire, killing 12 adults and 2 children.
       Following the incident, then-President Cerezo sent a 
     December 6 letter to residents of Santiago Atitlan stating he 
     had ordered the withdrawal of the military from the town. He 
     added that Santiago Atitlan residents could henceforth be 
     responsible for their own security. Two army personnel were 
     arrested and convicted in this case.
       Since that time, there have been occasional complaints from 
     residents that the army has entered village limits. The 
     military has publicly stated it is free to pursue the 
     guerrillas if they enter the town, but has been more cautious 
     in practice.
       The latest incident occurred in February of this year, when 
     residents complained of army patrols within town limits. A 
     delegation came to the capital and met with the Army Chief, 
     Human Rights Ombudsman and U.S. Embassy, among others. The 
     then-Army Chief provided the group with his phone number in 
     case other incidents arose, though he reiterated the army 
     right to pursue the guerrillas. To the best of our knowledge, 
     no further incidents have occurred.

                          ____________________