From: rich@pencil.cs.missouri.edu (Rich Winkel)
Subject: Guatemala: Cerigua Briefs NOVEMBER 8 - 14, 1992
Followup-To: alt.activism.d
Originator: rich@pencil.cs.missouri.edu
Organization: PACH
Date: Thu, 19 Nov 1992 00:58:52 GMT

/** reg.guatemala: 109.0 **/
** Topic: Cerigua Weekly Briefs **
** Written  8:00 pm  Nov 16, 1992 by cerisea in cdp:reg.guatemala **

CERIGUA WEEKLY BRIEFS, NOVEMBER 8 - 14, 1992

Human Rights Defenders Accused as Subversives

Defense Minister Jose Garcia Samayoa has accused three human
rights leaders of having links to the insurgency.  The
defense minister said Ronald Ochaeta of the Archbishop's
Human Rights Office, Amilcar Mendez of the Council of Ethnic
Communities (CERJ) and Factor Mendez of the Center for the
Investigation, Study and Promotion of Human Rights (CIEPRODH)
work in conjunction with the insurgency's strategy.  Garcia
Samayoa's comments were prompted by news that the three
leaders would participate in the Symposium on Torture in
Guatemala in Washington, D.C. on November 13-15.  The three
were among many Guatemalans scheduled to speak at the
symposium sponsored by the Guatemalan Human Rights
Commission.

Garcia Samayoa said "going to Washington to say that torture
is used in Guatemala is like saying that we live in the Stone
Age here."  He said some groups are interested in maintaining
instability in Guatemala and hurting the country's
international image -- actions which he said correspond to
the insurgency's strategy.  Bishop Juan Gerardi, who oversees
the Archbishop's Human Rights Office, replied that "making
public the fact that human rights are violated in Guatemala
doesn't cause instability.  To the contrary, it defines the
work that needs to be done."  He added "we have to face the
facts."

President Serrano said over the Patrullaje Informativo
newscast that Guatemalan Archbishop Prospero Penados would be
amazed if he knew what the government knows about the
activities of the Human Rights Office supervised by Ronald
Ochaeta.  Serrano said that Ochaeta told the local press that
torture is not used in Guatemala, but "you'll see what he
says outside of Guatemala."  He went on to say that "it's not
patriotic or fair that here they say one thing, and
internationally they say any kind of nonsense."  He directly
accused Ochaeta of impeding justice in the case of guerrilla
Maritza Urrutia, keeping her from testifying before a judge
about her kidnapping by "getting her out of the country on a
midnight flight."  He said the government has not previously
taken actions against Ochaeta, but now "we're going to see
that our army, our government, the president of the Republic
and government officials are respected."

Ronald Ochaeta said over the Guatemala Flash newscast
November 14 that Serrano and Garcia Samayoa were misinformed
about his participation in the symposium.  Ochaeta said that
although he was initially programmed to speak there, someone
else from the Human Rights Office was chosen instead.  In
response to Serrano's comments on the Urrutia case, Ochaeta
said his office has helped others leave the country, such as
four police officers whose lives were in danger.  "What
matters is saving their lives -- not what side they're on,"
emphasized Ochaeta.  He said the Human Rights Office is known
internationally for its work and cannot be blamed if some of
the complaints of human rights abuses implicate the security
forces.

Guatemalan Archbishop Prospero Penados says Ochaeta has his
full support, and what is needed is a dialogue between the
Church and the government, to "put our cards on the table and
clear up a lot of things."  He adds that the Church will
always defend the interests of the poor, but "we are
absolutely not allies or spokespersons for the insurgency."

Serrano says that if Ochaeta, Amilcar Mendez and Factor
Mendez have proof of torture cases, "that's what the courts
are for."  He says that some Guatemalans are destroying the
country's image and "making us out to be savages," adding
"we're going to put an end to the many accusations being
made."  President Serrano announced November 13 that a Quiche
court has ordered the arrest of Amilcar Mendez.  The
government is accusing the CERJ president of providing
explosives to the guerrilla coalition Guatemalan National
Revolutionary Unity (URNG).

Serrano Off the Hook on Belize Case

The Constitutional Court has backed the Serrano government
with its November 10 ruling on the Belizean independence
case.  Chief Judge Jorge Garcia Laguardia said Serrano in
fact violated the Constitution when he recognized Belize's
independence, but will not be prosecuted since four of the
seven judges rejected the suit filed against the government.
The chief judge, one of the three opposed to the ruling, said
that because the government did not hold a national
referendum to determine the people's wishes, as required by
the Constitution, the recognition of Belize as an independent
nation cannot be legally implemented.  But the court ruling
states only that Serrano must subject government actions on
the case to a Congressional review.

Of the four judges supporting the majority opinion, one was
named by the government, two represent political parties and
were chosen by Congress, and the fourth, Adolfo Gonzalez,
represents the University of San Carlos.  University
president Alfonso Fuentes said over the Guatemala Flash
newscast that Gonzalez was asked to explain his vote at an
emergency meeting of the university's Superior Council.
Gonzalez did not represent the viewpoint of the university
which maintains that Serrano's action was unconstitutional,
according to Fuentes.

Legislator Miguel Angel Montepeque of the Guatemalan Reform
Party says the Court gave Serrano "the right to violate the
Constitution whenever he wants to."  He adds that the Court's
decision serves to strengthen a "dictatorship" that no one
can oppose.  Human Rights Ombudsman Ramiro de Leon says
Serrano "flagrantly" violated the Constitution and expresses
his absolute opposition to the Court's decision.

President Serrano says some individuals used the controversy
over Belize's independence to create instability and were
conspiring to remove him from office.  "A coup d'etat was
definitely the intention," the president says.  He adds that
the government knows who the individuals are, but is not
revealing their names because it will continue to observe
their activities and gather evidence.  Defense Minister
Garcia Samayoa says there were definitely political motives
behind the rash of criticisms and attacks against the
govenment on the Belize issue.  He says "unsuccessful
politicians and some former army officers" were looking to
take advantage of the situation to take power.  Garcia
Samayoa said the G-2 military intelligence service is
investigating the conspirators.

Electric Company Executive Murdered

The administrative director of the state electric company was
murdered in Guatemala City on November 12.  Unidentified
assailants shot Samuel Franco Perez of the National
Electricity Institute (INDE) at point-blank range when he got
into his vehicle.  The Notisiete newscast reported Franco
Perez was on his way to a press conference and was carrying
important documents.  The newscast said the murder coincided
with INDE's lawsuit against Granai and Towson insurers for
damages to the Chixoy hydroelectric dam.  The daily Prensa
Libre reported the day after the murder that INDE is to
receive 82 million quetzales (over $16 million) from the
insurers.

The STINDE electric company union demanded that the
government investigate the murder and said it is definitely
not a case of common crime.  STINDE unionists said they
maintained good relations with Franco Perez, who negotiated
the most recent collective work agreement.

Three-Party Control in Congress

Congressional Chairman Edmond Mulet announced November 12 the
new legislative leadership positions for the 1993-94 year.
Christian Democrat (DC) Jose Lobo Dubon will be the new
chairman and one National Centrist Union (UCN) legislator and
two from the governing Solidarity Action Movement (MAS) party
will hold the three vice-chairmanships.  The DC, UCN and MAS
parties also hold the majority of the eight secretary
positions.  The Guatemala Flash newscast commented that the
DC-UCN-MAS alliance had "handed out" the leadership
positions.  The three-party alliance has been nicknamed the
"Holy Trinity," according to the radio newscast.

Refugees on Dignified Return

A representative of Guatemalan refugees living in Mexico said
November 9 that the government is trying to plan the route
for returning refugees to go through the Peten province.
Representative Ricardo Kurtz of the refugees' Permanent
Commissions says the government is trying to isolate the
refugees from the rest of the population and prevent what the
refugees refer to as a "return with dignity."  The Permanent
Commissions insist that the return of refugees who have lived
in Mexico for a decade will be conducted with respect and not
"hidden" like the way they had to leave their country.

The Permanent Commissions have announced that the first large
group of refugees will return in January (previously
scheduled for December).  According to the planned route, the
refugees will enter Guatemala at La Mesilla, Huehuetenango,
pass through the capital for a special ceremony at the
Kaminal Juyu Plaza, and then continue to chosen relocation
sites in Nenton, Huehuetenango and Ixcan, Quiche.

US Ambassador Leaves Guatemala

US Ambassador to Guatemala Thomas Stroock left his post
November 10 without the usual honors given outgoing diplomats
by the Guatemalan government.  Stroock, who announced his
upcoming departure months ago, was known during his term for
criticizing Guatemala's human rights record.  The daily
Prensa Libre described Stroock as "an oil millionaire who
focused a major part of his efforts on pressuring the
Guatemalan government to move forward on key human rights
cases against members of the army."  US military aid to
Guatemala was suspended during Stroock's term, largely due to
lack of progress in prosecuting military men for the murder
of US citizen Michael Devine.

The most critical moment in relations between Stroock and the
Serrano government, according to Prensa Libre, was in August
when the United States granted asylum to guerrilla Maritza
Urrutia after she was kidnapped and forced to seek amnesty.
The newspaper said Stroock told Guatemalan politicians last
week that despite seven years of democratic government in
Guatemala, human rights abuses are common and the army, still
very powerful, evades its responsibility in such abuses.

The Bush Administration nominated a replacement for Stroock
last May, but the candidate was rejected.  A new ambassador
will not be named until January when US President-elect Bill
Clinton takes office.  Currently, neither Guatemala or the
United States has an ambassador in the other country since
Guatemalan Ambassador to the United States Juan Jose Caso
Fanjul resigned this week.

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