R 051753Z JUL 07 FM AMEMBASSY GUATEMALA TO RUEHC/SECSTATE WASHDC 3177 UNCLAS GUATEMALA 001328 SUBJECT: THREATS AGAINST HUMAN RIGHTS

DEFENDERS IN GUATEMALA Sensitive but unclassified. accordingly. Please protect

1. (U) Summary: The UN High Commissioner for Human Rights (UNHCHR) called for investigation of threats and other acts of intimidation against human rights defenders and protective measures during a presentation on the current situation of human rights defenders in Guatemala. Civil society representatives urged government agencies to strengthen public policy and to collaborate on investigation and prosecution. Guatemala's Presidential Human Rights Commissioner urged congressional approval of the International Commission Against Impunity in Guatemala (CICIG), while the Minister of Government outlined a threestep approach -- prevention, investigation, and analysis -- to address the growing problem. End summary. 2. (U) In the wake of numerous attacks and threats against human rights defenders over the past few months, UNHCHR Anders Kompass focused public attention on the problem and urged preventive and

protective measures during a June 29 presentation to the international community, civil society, government, and local press. In attendance were ambassadors, including the U.S. and British ambassadors, the Attorney General, Minister of Government, Presidential Human Rights Commissioner, representatives of the Ministry of Foreign Affairs, and representatives of various local and international human rights organizations. 3. (U) UNHCHR Kompass expressed deep concern over the increasing number of threats against human rights defenders, which he said suggests a systemic mode of intimidation. He attributed impunity as the fundamental cause of the pervasive climate of fear gripping Guatemalan society, and stressed the need for new, more effective measures, as well as stronger public policy, to protect human rights defenders. 4. (U) Deputy Human Rights Ombudsman Maria Eugenia Morales recalled that government institutions have an obligation under the constitution to protect citizens, and called for greater collaboration to fight impunity. Presidential Human Rights Commissioner Frank La Rue underscored that the State has a permanent obligation to protect human rights defenders and to promote democracy and that "respect for human rights is a measure of democracy." Noting the greater number of threats against human rights defenders during an election year and the lack of guarantee of police protection in Guatemala, La Rue urged a public policy to provide greater protection to human rights defenders. He also urged the use of tax revenues for additional security measures and approval of CICIG as an essential mechanism for combating

impunity. He stressed that security is a human right for all sectors of society, dismissing the conceptual distinction from the protracted debate on CICIACS (the precursor to CICIG) of security for human rights defenders and security for the rest of society. 5. (U) Minister of Government Torrebiarte expressed gratitude to the international community for its support on investigation and capacitybuilding. She described the cornerstone of the Ministry's work as establishing security and combating impunity, and outlined her top five priorities: purging and restructuring the National Civilian Police, strengthening internal controls, strengthening and taking control of the penal system, creating a preventive model and a management model for security, and implementing the government's civil intelligence unit (DIGICI). 6. (U) Torrebiarte outlined the Ministry's threestep approach, consisting of prevention, investigation, and analysis, to respond to threats against human rights defenders. In the area of prevention, the Ministry will provide attention to victims through the National Civilian Police emergency hotline. It will train a response team to ensure prompt and effective attention to emergency calls from women and human rights defenders, and provide protective measures upon request. In addition, it will create a specialized unit of investigators and assign investigators to the metropolitan office of the prosecutor for crimes against women and to its municipal offices. In the area of analysis, it will create space for dialogue with civil society to better understand the possible sources and patterns of aggression.

7. (U) When asked what concrete actions have been taken by the Attorney General's Office in response to threats against human rights defenders, Attorney General Florido pointed out that the Prosecutor's Office for Crimes Against Human Rights Activists was created only three years ago and that Guatemala has had a long history of violence. He enumerated the many challenges confronting the office, including insufficient personnel (only six) and vehicles. A representative from the Ministry of Government reported that there were five cases currently under investigation. 8. (U) In its preliminary report on the situation of human rights defenders from January to April 2007, which was provided during the presentation, the National Movement for Human Rights reported that the first four months of 2007 registered a total of 89 threats and attacks against human rights defenders, compared to 75 during the same period in 2006. The month of January, in particular, registered a level of violence much higher than in previous years, with 1.13 threats or attacks per day. By April, that number had decreased to .23 per day. 9. (U) Environmentalists were the most targeted group of human rights defenders (19 attacks), followed by defenders of the right to justice (16 attacks), and labor union leaders (11 attacks). Attacks against justice sector defenders were attributed in large part to aggravation of the security situation and exposition of police officers involved in extrajudicial killings that put at risk the Institute of Comparative Studies in Penal Sciences, as well as other groups that have

denounced the activities of police officers. During the four-month period, four murders, two attempted murders, one kidnapping, 10 break-ins, 26 telephone threats, 13 written threats, and four threats in person were reported. The majority of the attacks (58 of the 89) took place in the Department of Guatemala and targeted men (61.68 percent), while 13.15 percent targeted women and 15.17 percent were aimed at groups or institutions. 10. (SBU) Comment: The increase in the number of threats and other acts of intimidation against human rights defenders is troubling although not surprising given the increase in the general level of crime and impunity in Guatemala. This wellattended, high-level presentation provided greater visibility to human rights defenders, the challenges and risks they face, and their demands for greater protection. Guatemalan government officials recognize the problem and seem well intended; however, with the Attorney General's Office, like most Guatemalan institutions, continuing to suffer from lack of capacity, the extent of further actions in the few months remaining before a new administration takes office may be limited. Derham (Edited and reading.) reformatted by Andres for ease of