AAAS Scientific Responsibility, Human Rights and Law Program

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FACTS OF THE CASE:

In late February and, again in early March 2002, several forensic anthropologists in Guatemala received threatening letters and phone calls. The eleven scientists are associated with two non-governmental organizations that are carrying out exhumations of victims massacred during the counter-insurgency campaign carried out by the military of Guatemala in the early 1980s. Several of the threatened forensic anthropologists gave testimony in proceedings against government officials accused of human rights violations.

On 21 February 2002, one of the scientists received a typed letter that explicitly named eleven forensic anthropologists who either are currently working on exhumation projects or who have done so in the past. Four of the individuals named in the letter are current employees of the Fundación de Antropología Forense de Guatemala (Guatemalan Forensic Anthropology Foundation, FAFG). Two individuals work for the Centro de Antropología Forense y Ciencias Aplicadas, (Center for Forensic Anthropology and Applied Sciences, CAFCA). The letter demanded that all exhumations of bodies stop immediately and threatened the individual scientists and their families. The letter stated that if the forensic anthropologists continued their work, their families would "soon be burying their bones and those of their children."

On the same day, there was a fire in a church in Nebaj, El Quiché Department. The forensic anthropologists used the church to store equipment, documents, and, on occasion, the human remains exhumed from mass graves. The fire destroyed most of the documents in the church. Among the destroyed documents were detailed information collected by the Catholic Church concerning 35 massacres that occurred during the early 1980s in Nebaj. A day before the fire started, FAFG scientists had removed remains they were storing in the church.

On 6 March 2002, one of the scientists, Miguel Morales, was held up at gun point. The men demanded his cell phone, which contained the phone numbers of several of the forensic anthropologists on the exhumation team. The following day, five of the scientists received anonymous telephone death threats. Mariana Valdizon and Fransciso de Leon both received calls from men making threatening remarks about their families. Federico Reyes received a call warning him to plan his funeral. Fredy Peccerelli, director of FAFG, and Fernando Moscoso, a forensic anthropologists working with FAFG, both received death threats at FAFG offices.

It is believed that the individuals behind the threats had ties to the military during Guatemala's civil war. One of the letters stated that "in a war there are no guilty parties, and it is not your place to judge us." The government has taken steps to ensure the security of the scientists, including placing 24-hour police guards around FAFG and CAFCA. Although this is a welcome development, there have been incidents where human rights defenders have suffered attacks, even while under police protection.

Since 1992, FAFG has carried out 191 exhumations of more than 2,000 victims of the Guatemalan military's counter-insurgency campaign. FAFG is a non-governmental organization that functions in the absence of any official government exhumation program. Exhumations have played a critical role in providing forensic investigation teams with evidence to scientifically document massacres perpetrated by the Guatemalan military. Such evidence is currently being used in two genocide suits filed against officials in the administrations of former Presidents Lucas García (1978-1982) and Ríos Montt (1982-1983).

(Sources of information for this case include: Amnesty International and Guatemala: Memoria de Silencio, the report of the Guatemalan Historical Clarification Commission-available in Spanish on the Science and Human Rights site at http://hrdata.aaas.org/ceh/index.html.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 21: The right of peaceful assembly shall be recognized.

International Covenant on Economic, Social and Cultural Rights

• Article 15 (3): The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

The Human Rights Defenders Declaration

• Article 6(a): Everyone has the right, individually and in association with others: To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems.
• Article 6(b): Everyone has the right, individually and in association with others: As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
• Article 6(c): Everyone has the right, individually and in association with others: To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.
• Article 9(3): To the same end, everyone has the right, individually and in association with others, inter alia: (c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• Article 20(1): Everyone has the right to freedom of peaceful assembly and association.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Thanking the government for providing the scientists with police protection;
• Asking them to continue to guarantee the safety of the employees of the Guatemalan Forensic Anthropology Foundation (FAFG) and the Center of Forensic Anthropology and Applied Sciences (CAFCA); and
• Reminding government authorities of the Guatemala Historical Clarification Commission's recommendations that identified exhumations as an important step in achieving a full accounting of the past and national reconciliation. The Commission's report specifically states that the government should support the work of nongovernmental forensic scientists.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Eduardo Arevalo Lacs
Ministro de Gobernación
Ministerio de Gobernación
6a Avenida 4-64, Zona 4
Ciudad de Guatemala
GUATEMALA
Fax: 011 502 362 0239/ 362 0237
monica24@intelnet.net.gt
Salutation: Dear Mr. Minister:

Lic. Alfonso Portillo Cabrera
Presidente de la República de Guatemala
6a. Avenida 'A' 4-41, Zona 1
Ciudad de Guatemala
GUATEMALA
Fax: 011 502 239 0090
mensajes@presidenteportillo.gob.gt
Salutation: Dear Mr. President:

Sr. Gabriel Aguilera (formally responsible for monitoring implementation of the peace accords)
Secretario de la Paz
5a Calle 4-33, Zona 1
Edificio Rabi, 4 Nivel
Ciudad de Guatemala
GUATEMALA
Fax: 011 502 230 1731
Salutation: Dear Secretary Aguilera:

COPIES SENT TO:

Fundacion de Antropología Forense de Guatemala (FAFG)
Avenida Simon Canas 10-64, Zona 2
01002 Ciudad de Guatemala
GUATEMALA
Fax: 011 502 254 0882/288 7297/ 288 7302 (if someone an
Salutation: Dear Sir/Madam:

Ambassador Ariel Rivera Irias
Ambassador of the Republic of Guatemala to the United States
Embassy of the Republic of Guatemala
2220 R St. NW
Washington, DC 20008
Fax: 1 202 745 1908
Salutation: Dear Mr. Ambassador:

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

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