Guatemala: Protection available to civilians targeted by the G2 (1999-2002)

No references to protection for civilians specific to threats originating from the G2 or G-2 army intelligence units (see GTM36668.F of 23 March 2001 and earlier Responses) could be found among the sources consulted by the Research Directorate.

The information that follows adds to that provided in Country Reports 2001, such as references to the "[relocation] abroad of key witnesses and their families for their testimony against their former army comrades," the appointment of a special prosecutor "to investigate killings of and threats against lawyers, judges, and prosecutors," and the hiring of bodyguards for judges (Section 1.a) (4 Mar. 2002). Section 1.c of Country Reports 2001 has a reference to corruption of policemen in " a unit of the PNC that provides protection to public officials and diplomats," section 1.e refers in more detail to security for "lawyers, judges, and prosecutors," and section 2.a refers to the creation of "a special prosecutor for the protection of journalists and unionists" (ibid.). The full report is available at Regional Documentation Centres or on the internet (see Reference list below).

In a report covering January through September 1999, the United Nations Verification Mission in Guatemala (MINUGUA) reported on a case where the Public Ministry had not provided two witnesses with protection provided for in the witness protection law or other protection programs (MINUGUA 19 July 2001). In its following report, MINUGUA reported that the Public Ministry needed a "protection mechanism" (mecanismo de protección) that would guarantee an effective protection of witnesses and other persons involved in a judicial process (ibid. Sept. 2000).

In its next report, MINUGUA mentions the creation, on 8 June 2001, of the special prosecutor for the protection of journalists and unionists (Fiscalía Especial para la Protección a Periodistas y Sindicalistas) in response to the proliferation of threats and attacks against them (ibid. Sept. 2001a). MINUGUA also repeated in this report the need for an effective protection of judges, prosecutors, witnesses and lawyers, explaining that the law providing for this does not have adequate funding assigned (ibid.).

In the supplement to its latest report, MINUGUA refers to the Gerardi murder case, indicating that "valuable protection" (valorables las garantías ... para la protección) for some victims and witnesses was provided by the Public Ministry, although this protection was not provided to all witnesses at risk, nor to others who continued receiving threats after the trial concluded (ibid. Sept. 2001b). (For information on the Gerardi case, see GTM38352.E of 14 March 2002, which also contains information on protection measures, and other earlier Responses.)

More recently, Latinamerica Press reports that after a five-day investigation in late May 2002, a UN special rapporteur for human rights "expressed concern about the lack of funds for the Public Ministry and the Human Rights Prosecutor's Office (PDH)," whose head "said his office receives only one-third of the amount that it needs to be effective" (15 July 2002). The publication adds that

In late May, the Public Ministry named a special prosecutor, Tatiana Morales, to investigate threats and harassment against human rights activists, but was unable to provide her with an office, desk or vehicle. Soon afterward, unknown assailants sacked a house owned by Morales' parents. "They broke into the house one day after I said I was going to fight the clandestine groups," she said (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Country Reports on Human Rights Practices for 2001. 4 March 2002. "Guatemala." Washington, DC: US Department of State. [Accessed 15 July 2002]

Latinamerica Press [Lima]. 15 July 2002. Vol. 34, No. 14. "Guatemala: Human Rights Workers Targeted."

United Nations Verification Mission in Guatemala (MINUGUA), Guatemala. September 2001a. "Duodécimo Informe Sobre Derechos Humanos de la Misión de Verificación de las Naciones Unidas en Guatemala." [Accessed 15 July 2002]

_____. September 2001b. "Suplemento al Duodécimo Informe Sobre Derechos Humanos de la Misión de Verificación de las Naciones Unidas en Guatemala: Casos de Violaciones a los Derechos Humanos." [Accessed 15 July 2002]

_____. 19 July 2001. "Suplemento al Décimo Informe Sobre Derechos Humanos de la Misión de Verificación de las Naciones Unidas en Guatemala: Casos de Violaciones a los Derechos Humanos." [Accessed 15 July 2002]

_____. September 2000. "Undécimo Informe Sobre Derechos Humanos de la Misión de Verificación de las Naciones Unidas en Guatemala." [Accessed 15 July 2002]