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Guatemala: Visit to Canada circa 1999 by Guatemalan Human Rights Ombudsman Julio Eduardo Arango Escobar who was allegedly seeking testimony from claimants in Canada; news reports and statements released by Arango Escobar; results of his visit and testimonies obtained; reaction in Guatemala; reports of attempts to intimidate witnesses or their families

Centr-Am News, a news collective on Central America, referred to an intended visit to Canada by Ombudsman Arango in 1999: "Arango said he will soon be going to Canada to take testimony from 40 witnesses in cases of forced disappearances and perhaps be able to determine the whereabouts of six people listed in the book," that is the "secret military diary listing victims of repression by the Guatemalan Armed Forces" (18 June 1999). The article stated that the witnesses' testimonies were being sought for cases of alleged torture and executions by the former military governments of Oscar Mejia Victores and Efrain Rios Montt (ibid.). No reports of Arango's stay in Canada could be found in either Canadian or international media by the Research Directorate. However, two months later, Cerigua Weekly Briefs referred to the results of interviews of witnesses in Canada:

On August 3, the Human Rights Ombudsman's Office filed a formal accusation against Mejia with the Justice Department, linking the retired general to the kidnapping of Rudy Alfredo Padilla Villeda and the disappearance of labor leader Adolfo Joel Hermosilla, both abducted in 1984. The office plans to lay charges in the two cases against at least another eight officers who formed the Army High Command under Mejia.

...

Among other evidence, Arango presented testimony collected from Padilla from his home in Canada. "According to his statement, armed men surrounded him in front of his mother's house and took him away to a barracks," the Ombudsman said. "The victim told us that, while he was there, Gen. Mejia Vìctores arrived on several occasions to pressure him to hand over people they were interested in."

Hermosilla's family, who also live in Canada, had no news of his fate until the publication in May of an alleged military logbook that documents the capture and execution of nearly 200 Guatemalans disappeared during the Mejìa regime, which lasted from 1983 to 1986. The diary reported that state security forces had killed Hermosilla shortly after his abduction (5 August 1999).

In its Central America and Mexico Report, the Religious Task Force on Central America and Mexico states that Arango is said to have taken Padilla's account "from his home in Canada" (Sept. 1999). Arango then "formally accused former military dictator, Gen. Oscar Mejia Victores, of responsibility for several disappearances" (ibid.).

Aside from formal charges mentioned above in Cerigua and Central America and Mexico Report, no information on news reports, statements released by Arango Escobar, or reports of anyone returning to Guatemala to testify could be found among sources consulted by the Research Directorate. No information on the resolution of the case against the former military governments could be found among sources consulted by the Research Directorate.

There are several reports of attempts at intimidation and subsequent fleeing of witnesses in other cases under investigation in Guatemala (Religious Task Force on Central America and Mexico Sept. 1999; ibid. Oct. 1999; Social Justice Committee 31 July 2000; Reuters 14 Oct. 1999). In 1999, several witnesses and members of the legal profession involved in the 1998 murder case of Bishop Gerardi allegedly fled to Canada following death threats (Social Justice Committee 31 July 2000; Religious Task Force on Central America and Mexico 8 June 2001). The Guatemala Canada Solidarity Network reports that several justices workers, including lawyers and judges, have been assassinated (May 2001). While testifying in the Gerardi murder case in 2001, one witness reportedly wore a bullet-proof vest (ibid.). In reference to the Gerardi case, the article states:

At the same time, intimidation of justice personnel or witnesses in the case has increased. In addition, on May 5 gunmen shot dead Sister Barbara Ann Ford, a US nun who had worked closely with Gerardi's REHMI project, ostensibly in an attempt to steal her car. Many observers suspect that Ford's death was not a case of common crime but politically motivated, a warning to those who are pressing for justice in the Gerardi case (ibid.).

The Gerardi murder case was concluded in 2001, with the conviction of an army captain, a retired colonel, a former EMP specialist and a Catholic priest (Country Reports 2001 4 Mar. 2002). No information on reactions to these cases in Guatemala in 1999 could be found among sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Centr-Am News. 18 June 1999. Issue 61. "Three Additional Victims Discovered in Military Diary." <http://www.blythe.org/nytransfer-subs/99ca/Centr-Am_News_6-19-99> [Accessed 5 Mar. 2002]

Cerigua Weekly Briefs [Guatemala]. 5 August 1999. Number 30. "Ex-Dictator Investigated for Wartime Disappearances." <http://www.eecs.umich.edu/~pavr/harbury/archive/1999/cwb30_1999.html> [Accessed 5 Mar. 2002]

Country Reports on Human Rights Practices for 2001. 4 March 2002. Washington, DC: United States Department of State. <http://www.state.gov/g/drl/rls/hrrpt/2001/wha/8344.htm> [Accessed 6 Mar. 2002]

Guatemala Canada Solidarity Network. May 2001. "Situational Analysis." <http://www.gcsn.org/situ/situmay01.html> [Accessed 6 Mar. 2002]

Religious Task Force on Central America and Mexico. 8 June 2001. "Urgent Action – Gerardi Verdict." <http://www.rtfcam.org/take_action/urgent_actions/gerardi_verdict/threats.htm> [Accessed 6 Mar. 2002]

_____. October 1999. Margaret Swedish. Central America and Mexico Report. "Guatemala: Key Players in Gerardi Case Flee Country." <http://www.rtfcam.org/report/volume_19/No_5/article_5.htm> [Accessed 6 Mar. 2002]

_____. September 1999. Margaret Swedish. Central America and Mexico Report. "Guatemala: Cracks in the Wall of Impunity." <http://www.rtfcam.org/report/volume_19/No_4/article5.htm> [Accessed 5 Mar. 2002]

Reuters. 14 October 1999. "Priest Linked to Slain Guatemalan Bishop Flees." <http://www.eecs.umich.edu/~pavr/harbury/archive/1999/19991014b.html> [Accessed through MSNBC, 6 Mar. 2002]

Social Justice Committee. 31 July 2000. "Guatemala: Urgent Action #929: Death Threats Against Guatemala Human Rights Office Members Working on Gerardi Case." <http://www.s-j-c.net/UA929.htm> [Accessed 5 Mar. 2002]

Additional Sources Consulted

Central America NewsPak [Austin, Texas]. 1998-1999

Central America Report [Guatemala City]. 1998-2001

Infosource

LEXIS-NEXIS

World News Connection (WNC)

Internet sites including:

Amnesty International

Casa Alianza

Foundation For Human Rights in Guatemala

Guatemala Human Rights Update [Washington]. July 2000-2001

Human Rights Watch

Network in Solidarity with the People of Guatemala (NISGUA)

Topics: Human rights, Witnesses,