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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 22 April 2004, Guatemalan President Oscar Berger publicly acknowledged the government's responsibility for the 1990 killing of anthropologist Myrna Mack. In a ceremony at the Presidential Palace, he stated, "In the name of the state, I ask for the forgiveness of the Mack family and of the people of Guatemala for the murder of this young anthropologist." Myrna Mack was stabbed 27 times outside of her Guatemala City office on 11 September 1990. Her death was believed to be a political killing in retaliation for an academic report she wrote that detailed that the killing of Mayan civilians by the military during the country's 36-year internal armed conflict. It estimated that between 1960 and 1994, when the official peace accords were signed, over 200,000 people were killed, the majority of them Mayan civilians.

Until recently, the government actively denied involvement in Myrna Mack's killing. Police initially told the Mack family that Myrna had died in a traffic accident. The police also suppressed official documentation that concluded that killing was political motivated with conclusive links to the military. Myrna's sister, Helen Mack, continued to pressure the government to release all available information and to hold those responsible accountable.

When case went to court, it resulted in a conviction of army officer Sgt. Noel Beteta, who is serving a 25 year sentence for his role in the murder. A 2002 court case against Col. Juan Valencia Osorio, the assistant director of the Presidential Guard, also resulted in a conviction, but an appeals court later overturned the ruling and he was freed. In 2003, the Guatemalan Supreme Court reinstated the initial ruling and 30-year sentence. However, Col. Valencia had since fled the country and his whereabouts remain unknown.

In December 2003, the Inter-American Court of Human Rights ruled that the government should take responsibility for the murder of Myrna Mack and bring those responsible to justice. José Miguel Vivanco, executive director of the Americas Division of Human Rights Watch, stated, "President Berger has sent an encouraging signal that he is committed to promoting accountability for past human rights abuses. He should now take steps to ensure that those responsible for the Mack murder and thousands of other political killings in Guatemala are brought to justice."

(Sources of information for this case include: Associated Press and Human Rights Watch.)

RELEVANT HUMAN RIGHTS STANDARDS

American Convention on Human Rights

• Article 04: Everyone has the right to life.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

• Article 13: Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Commending the government for taking responsibility and apologizing for the 1990 killing of anthropologist Myrna Mack; and
• Requesting that the government fulfill the requirements of the Inter-American Court of Human Rights and take steps to ensure that those responsible for the Mack murder and thousands of other political killings in Guatemala are brought to justice.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Licenciado Oscar Berger Perdomo
Presidente de la República de Guatemala
Casa Presidencial
6 a. Avenida, 4-18 zona 1.
Ciudad de Guatemala, GUATEMALA
Fax: 011 502 238 3579/239 0090
Salutation: Excelentísimo Sr. Presidente/Dear Mr. President

COPIES SENT TO:

Ambassador Antonio Arenales Forno
Ambassador of Guatemala to the United States
Embassy of Guatemala
2220 R St. NW
Washington DC 20008
Fax: 1 202 745 1908
ambassador@guatemala-embassy.org
Salutation: Dear Mr. Ambassador:

Fundacion Myrna Mack
Calle 1-36 Apartamentos Valsari, Oficina 504
Ciudad de Guatemala, 01010
Guatemala
fmmack@intelnet.net.gt

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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