AAAS Scientific Responsibility, Human Rights and Law Program

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FACTS OF THE CASE:

In recent months, death threats have increased against a third non-governmental organization involved in exhuming clandestine mass graves in Guatemala. Most recently, death threats have increased against four members of the Asociación para el Desarrollo Integral de las Víctimas de la Violencia en las Verapaces Maya Achi (Association for the Integral Development of Victims of Violence in the Verapaces Maya Achi, ADIVIMA).

The four individuals have received anonymous calls on their home, work, and mobile phones. The callers threaten to kill them if they continue the exhumations. Juan de Dios García Xajil and Carlos Chen have both received calls telling them that they are going to be killed. Other callers have hung up when they answer. On 1 May 2002, Pedrina Burrero Lopez received a call that played funeral music. In April and May, shots were fired near the homes of both Carlos Chen and Pedrina Burrero Lopez.

ADIVIMA has been working to exhume the clandestine mass graves of people massacred during Guatemala's 35-year civil conflict. To date, ADIVIMA has carried out 19 exhumations of clandestine graves in and around the Rabinal municipality. They have found the remains of 706 people and estimate that there are 61 more clandestine mass graves in the Rabinal area alone. In May, ADIVIMA will exhume two more mass graves, where they expect to find the remains of 20 people. 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). Jesus Tecu Osorio and Carlos Chen Osorio are key witnesses in the genocide cases.

ADIVIMA has received several death threats in the past, but like the Fundación de Antropología Forense de Guatemala (Guatemalan Forensic Anthropology Foundation, FAFG) and the Centro de Antropología Forense y Ciencias Aplicadas (Center for Forensic Anthropology and Applied Sciences, CAFCA), they have experienced a sharp increase in the last few months. Amnesty International fears that this increase may signify that those working on exhumations are in serious danger.

It is believed that the individuals behind the threats may have had ties to the military during Guatemala's civil war. One of the threatening letters sent to the FAFG scientists stated that "in a war there are no guilty parties, and it is not your place to judge us." Many of those responsible for past human rights abuses still remain in positions in power. According to Amnesty International, the lack of accountability for past abuses has created "a climate of impunity in which those responsible for past atrocities lash out with ever increasing virulence at those who are collecting evidence and mounting bids to bring them to justice." ADIVIMA reported the threats to the Public Prosecutor's Office in Salama, Baja Verapaz and asked the authorities to investigate. While the government's involvement to safeguard the security of ADIVIMA members is welcomed, there have been incidents where human rights defenders have suffered attacks, even while under police protection.

(Source of information for this case is Amnesty International. For more information on the history of human rights violations during the civil conflict, please read 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.

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: 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.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Thanking the government for investigating the threats made against members of the Asociación para el Desarrollo Integral de las Víctimas de la Violencia en las Verapaces Maya Achi (Association for the Integral Development of Victims of Violence in the Verapaces Maya Achi, ADIVIMA), the Fundación de Antropología Forense de Guatemala (Guatemalan Forensic Anthropology Foundation, FAFG) and the Centro de Antropología Forense y Ciencias Aplicadas (Center for Forensic Anthropology and Applied Sciences, CAFCA);
• Asking them to continue to guarantee the safety of members of ADIVIMA, FAFG, and CAFCA and to provide police protection to individuals carrying out exhumations;
• 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:

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:

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
Salutation: Dear Mr. Minister:

Policia Nacional Civil
Jefe Comisario 52 David Rodriguez Hernandez,
Barrio el Centro
Salama
Baja Verapaz
GUATEMALA
Fax: 011 502 9400 168
Salutation: Dear Sir:

Fiscal Distrital Nicolaz Garcia Fuentes
Ministerio Publico
1 Calle, 3-74 Zona 2,
Barrio San Jose
Salama
Baja Verapaz
GUATEMALA
Fax: 011 502 940 2325 (please keep trying)
Salutation: Dear Sir:

COPIES SENT TO:

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

ADIVIMA
7a Avenida, 2-06, Zona 2
Rabinal, Baja Verapaz
GUATEMALA
adivima@yahoo.com


Sr. Gabriel Aguilera
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:

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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