LCHR Calls for a Full Investigation into Threats and Intimidation Surrounding the Mack Case

On October 3, Guatemala’s Third Sentencing Court convicted Colonel Juan Valencia Osorio on charges that he ordered the 1990 murder of Myrna Mack, and sentenced him to thirty years imprisonment. This landmark verdict has finally been rendered despite countless obstacles placed in the way of the investigation and prosecution over the preceding twelve years. The Lawyers Committee applauds the expeditious manner in which the judges hearing the case conducted the trial of Valencia Osorio and his two co-defendants who were acquitted of all charges. The courage of these judges, who may well face threats and intimidation similar to those that have been leveled against other judges involved in the case over the preceding years, deserves to be recognized.

The Lawyers Committee has consistently pressed the Guatemalan authorities to ensure the safety of all persons involved in the case, including members of the Mack family, staff of the Mack Foundation, witnesses, judges and lawyers. We have raised our concerns with the government on several occasions, most recently during the trial itself, when several threatening incidents occurred. Indeed, reports have been received that on at least one occasion toward the end of the proceedings a group of individuals carrying weapons was able to enter the courtroom. We welcome the security measures provided by the government to Helen Mack, her lawyers and public prosecutors, as well as the defendants. These measures were a factor in helping to ensure that the trial was able to proceed without disruption and that none of those directly involved were harmed.

In the days and weeks following the verdict, it is imperative that the Guatemalan authorities continue their efforts to provide for the security of lawyers, judges, the Mack family and others involved in the case. The possibility of repercussions from the announcement of the verdict remains and extra vigilance is required.

In their verdict the judges of the Third Sentencing Court accepted many of the principles put forward by the prosecution about the structure and functioning of the army during Guatemala’s civil war, the national security doctrine that it implemented and the targeting of individuals such as Myrna Mack who were designated internal enemies of the state. This decision opens up the possibility of further cases against former military officials involved in human rights violations committed during the war and therefore seriously challenges the impunity that such officials have long enjoyed. For this reason, there is an added risk not just to those involved in the Mack case itself, but also to others who may seek to use the Mack precedent in the pursuit of justice.

Police officers assigned to the protection of the Mack Foundation office and to the security of judges, prosecutors and lawyers, must be given adequate support and all necessary means to carry out their tasks. In addition, it is incumbent upon the government to ensure an immediate and thorough investigation of all acts of violence and intimidation that have occurred surrounding the case.

While the conviction of Valencia Osorio is a challenge to the prevailing climate of impunity for human rights violations in Guatemala, much remains to be done to shatter that impunity in its entirety. So long as threats against human rights defenders such as those pursuing the Mack case remain uninvestigated and the perpetrators shielded from responsibility, fear and intimidation are perpetuated and justice, truth and respect for human rights denied.

Recommended Action

Please write to the President, Vice-President, Attorney-General and Minister of Interior of Guatemala, demanding prompt and effective action to investigate all acts of violence and intimidation that have characterized proceedings in the Mack case for the past twelve years. Remind the government of its responsibility under international human rights law to respect and ensure respect for human rights, and to bring to justice all individuals who have issued threats or engaged in acts of violence and intimidation directed against persons involved in the Mack case. Urge the government to take all necessary measures to guarantee the safety of other individuals who seek justice for human rights violations, or who strive to promote and protect human rights in Guatemala.

We have provided a model letter below, and encourage you to fax this, or similar text, to the Guatemalan authorities, with copies to your diplomatic representatives in Guatemala. This text can also be sent electronically through an LCHR Action.

For US citizens, the diplomatic representative is:

Mr. Stephen McFarland
Chargé d’affaires
Embassy of the United States of America
Avenida Reforma 7-01, Zona 10
Guatemala City, Guatemala
Fax: 011 502 334 8477

Copy also to:

Katherine Read
Embassy of the United States of America
Avenida Reforma 7-01, Zona 10
Guatemala City, Guatemala
Fax: 011 502 334 8477

Should you require more information, please contact Lorna Davidson (212 845 5251) or Matthew Bray (212 845 5298).