AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

The Guatemalan Forensic Anthropology Foundation (FAFG), and in particularly anthropologist Fredy Peccerelli, its Executive Director, and his family, are once again facing death threats from unknown assailants thought to be tied to the military during Guatemala’s civil war.

On August 26, 2005, Jeannette Peccerelli, Fredy's wife and a US citizen, was accosted while stopped at a traffic light. Two men approached her car, one of whom held a gun to her head. The man with the gun told her that they were watching Fredy Peccerelli very closely, while pushing the gun into her head, and then they left.

On September 8, 2005, Omar Giron Bertoni, who works for FAFG and is Fredy's brother-in-law, found an anonymous letter addressed to Omar, threatening the entire FAFG team, as well as Bianka Peccerelli (Fredy’s sister and Omar's wife), and Fredy. The letter mentioned previous threats to FAFG staff, saying “You didn’t understand the first time, we already told you we don’t want you working” and said if FAFG staff didn’t want to do things the easy way, they had other means by which to stop these 'sons of bitches that continue to do this work."

Both Fredy and the foundation received death threats in the past but since 2003, after the last presidential elections, they have been able to work without problems. FAFG has been working to exhume the clandestine mass graves of people massacred during Guatemala's 35-year civil conflict. Exhumations have played a critical role in providing forensic investigation teams with evidence to scientifically document massacres perpetrated by the Guatemalan military.

Bianka and Jeannette have reported the threats to the Public ministry and have asked authorities to investigate.

Since 1992, FAFG has carried out over 200 exhumations of mass grave sites, using forensic anthropology and archeology to search for the estimated 200,000 lives that were lost. FAFG is a non-governmental organization that functions in the absence of an official government exhumation program. The AAAS Science and Human Rights Program worked to train the members of the forensic team. In 2004, the Program honored FAFG at the Annual Science and Human Rights reception at the AAAS Annual Meeting.

(Sources of information for this case include: Personal correspondence with Fredy Peccerelli, depositions victims gave to Guatemalan police)

RELEVANT HUMAN RIGHTS STANDARDS

American Convention on Human Rights

• Article 04: Everyone has the right to life.

The Human Rights Defenders Declaration

• Article 11: Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession.
• Article 12(2): The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [Universal Declaration of Human Rights].
• 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.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Requesting that the government provide the scientists and other staff of the Guatemalan Forensic Anthropology Foundation with police protection;
• Asking officials to investigate threats against the individuals concerned; 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:

Sr. Julio Godoy
Vice Secretary of State
Ministerio de Gobernacion
magaly@mingob.gob.gt
Salutation: Dear Mr. Minister:

Sr. Juan Luis Florido
Fiscal General ( Attorney General)
Ministerio Publico
fiscalgeneral@mp.lex.gob.gt, agudiel@mp.lex.gob.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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