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£GUATEMALA
@Secret detention of hors de combat and non-combatant prisoners



Amnesty International (AI) is concerned at reports that both hors de combat combatants (that is, those who are wounded or have laid down their arms) and non-combatant prisoners have been subjected to death threats, tortured, "disappeared" or extrajudicially executed after having been taken into unacknowledged custody and held in secret detention by the Guatemalan army. In some cases the death threats have reportedly been directed at captured former combatants and their families to force them to collaborate with the Guatemalan army. AI is also concerned for the physical integrity of those believed still in custody, and that any officials responsible for the torture, "disappearance" or extrajudicial execution of any prisoners be brought to justice.

Detailed allegations concerning the alleged abuses, often including names and ranks of the alleged perpetrators were made by Santiago Cabrera López and Jaime Adalberto Agustín Recinos, two combatants of the Unidad Revolucionaria Nacional Guatemalteca, (URNG), Guatemala National Revolutionary Unity, in statements presented to the United Nations (UN) Human Rights Commission at its 49th session held in Geneva in February-March 1993. Although AI is not in a position to confirm the allegations made in the two testimonies, they are consistent with other instances known to AI in the past, under both the current administration of President Jorge Serrano (January 1991-present) and previously, where individuals accused of being members or supporters of the armed opposition initially reported as "disappeared" were later presented to the media by the military to make "confessions" of their own involvement in the armed opposition or to make denunciations about alleged opposition activities or supporters. On some occasions, those giving testimonies had allegedly turned themselves over to the military of their own free will. Others whose abductions were reported were later released, on condition that they were to work with the army or act as informants. Amnesty International learned of at least four such cases in 1992; three eventually left the country. However, this has been the first occasion on which AI has received testimonies from allegedly escapees which have contained detailed information about others allegedly still in unacknowledged army custody.

In these most recent cases, Santiago Cabrera López and Jaime Adalberto Agustín Recinos, the two combatants, claimed that they too had been tortured and threatened with death while in the unacknowledged custody of the Guatemalan army in order to force them to cooperate with the military. They also state that before finally escaping from detention, they had spoken with, seen or obtained information concerning a number of others, both former combatants and non-combatants, who had been subjected to death threats, tortured, "disappeared," or extrajudicially executed after their capture by the Guatemalan military.

THE TESTIMONIES

According to his testimony, Santiago Cabrera López was taken into custody by G-2, the intelligence service of the Guatemalan army in March 1991, near the hamlet of Colima I, San Pablo, San Marcos Department, in March, 1991 along with another URNG combatant, Anastacia López Calvo, known as "Karina." Both were beaten, Cabrera López to the point of unconsciousness; at one point, he says that a grenade was forced into his mouth. Both were taken to the military detachment at El Porvenir, San Pablo, where Cabrera says he was held in a secret under-ground pit. Subsequently, he was transferred to a number of different secret holding centres, where, sometimes blind-folded and often shackled, he says he was subjected to renewed threats, maltreatment and torture, including electric shocks, in order to try and extract information from him about opposition movements, supporters and arms caches. In all, Cabrera states that he was in captivity for one year and eight months, before he managed to escape. During that period he states that he was held in various clandestine jails located in military bases in the departments of San Marcos and Quetzaltenango. Anastacia López Calvo remains in military hands, voluntarily, according to the military; against her will according to the declarants.

Agustín Recinos states that he was detained in August 1992 in the city of Chimaltenango, also by the G-2. He too claims to have been held at a variety of places throughout the country, and states that in the course of his two months and 20 days in captivity, he too saw a number of former combatants, as well as non-combatants in custody. According to Agustín Recinos, the former combatants have been forced to collaborate with the military, in "set-ups" to detain other opposition combatants, or by providing information about the opposition, under threats of death made against both them and their families. He himself was forced to appear before the media in August 1992 along with another former opposition combatant, Reginaldo de Jesús Pérez Llamas (see below), and again in September with others, to say that they had deserted from the armed opposition and were seeking an amnesty. On both occasions, the army also pressed the former combatants to make various allegations about practices followed by the armed opposition, as for example that they automatically killed all injured combatants and any prisoners that fell into their hands.



INDIVIDUALS ALLEGEDLY SEEN IN CUSTODY BY THE TWO DECLARANTS

Those whom the two combatants say they either saw or heard of, as being held in unacknowledged secret detention include:

Efraín Bámaca Velásquez ("Comandante Everardo"):

According to the Guatemalan army, a commander of the URNG forces known as "Comandante Everardo" died in combat on 11 March 1992, and had been buried in a cemetery in Retalhuleu department. Application was made for exhumation of the body, which was to have taken place on 27 May 1992. However, the authorities abruptly interfered as the as the exhumation was being carried out, with no explanation given, and stopped it from going ahead. Despite a number of applications, it has not been re-scheduled.

Meanwhile, Cabrera López claims to have seen and spoken to "Comandante Everardo" alive, on 12 March 1992, at a secret prison at the military base in Santa Ana Berlín in Coatepeque, municipality of Quetzaltenango, department of Quetzaltenango. According to Cabrera López, "Comandante Everardo" was held at that base until around 15-20 April 1992, when he was taken out by helicopter. Cabrera López further declares that toward the end of May or beginning of June that year, a G-2 official called a meeting of G-2 members and captured combatants at the military detachment at San Juan de Loarca, Tumbador, San Marcos department, at which he declared that "Comandante Everardo" had tried to escape from detention while in Guatemala City and had been shot and killed. However, Cabrera López declares that he saw "Comandante Everardo" alive after that date, on 18 July 1992, at the San Marcos detachment. According to Cabrera López, he was ordered to keep watch over-night over the Comandante, along with a G-2 official. Cabrera López claims that at this time, "Comandante Everardo" was blind-folded, shackled at the wrists and his feet tied to a metal bunk-bed. Cabrera López also says he saw the Comandante several days later. He appeared to be drugged and to have been tortured. There has been no news of "Comandante Everardo" since that time.

Anastacia López Calvo ("Karina"): Reportedly captured on 8 March 1991 along with Santiago Cabrera Calvo: López on the road from San Marcos to the municipality of Malacatán between the hamlet of Colima I and the Finca La Ceiba by members of G-2 military intelligence and military commissioners(1) of San Pablo; allegedly seen at G-2 military intelligence headquarters of San Marcos Military Zone.

Martín Pérez Cabrera: Reportedly captured by military commissioners in the municipality of Comitancillo, San Marcos department, on 20 December 1989; allegedly seen at G-2 military intelligence headquarters of the San Marcos Military Zone.

"Gara" Estrada: Reportedly captured on 28 January 1990 just outside the municipality of Santa María de Jesús, Sacatepéquez department, and allegedly seen at G-2 (military intelligence headquarters in Zone 6, Guatemala City.(2)

María Angela Simón Misa ("Oliva"): Reportedly captured by G-2, army intelligence, on 26 July, 1992 near the departmental capital of Chimaltenango. Allegedly seen at the Chimaltenango military base.

and some 26 others, known only by their pseudonyms and allegedly seen or known to have been detained at military installations throughout Guatemala including the following military bases: Mazatenango, Suchitepéquez department; Santa Ana Berlín, Coatepeque, Quetzaltenango department; Puerto San José and Santa Lucía Cotzumalguapa, both in Escuintla department; El Quiché; base 302 in Chimaltenango department. In addition to those allegedly seen at military bases, others said to be in unacknowledged detention were said to be held at the following military installations in Guatemala City: the General Headquarters of the Guardia de Honor, Honour Guard, the headquarters of the Presidential Guard and the headquarters of the Mobile Military Police and G-2 headquarters in Zone 6. Although in these cases the two combatants were able to identify the alleged unacknowledged detainees only by their pseudonyms, they did provide detailed information as to where and how each was taken into custody, and as to the place where they were allegedly being held in secret detention.

UNACKNOWLEDGED DETAINEES WHO ALLEGEDLY "DISAPPEARED"

In addition, the declarants claim to have knowledge of unacknowledged detainees who allegedly "disappeared" after being taken into detention by the military. Those named are:

César Augusto Cabrera Hernández, Reportedly arrested by the G-2 military intelligence in October 1990 in Quetzaltenango along with another member of the opposition known as "Saúl," and then "disappeared" from the military base at Quetzaltenango.

Carlos López: Reportedly captured in October 1990 in Quetzaltenango by members of G-2 military intelligence; allegedly "disappeared" in 1991 from the military base at Quetzaltenango.

Aníbal Cabrera López: Reportedly captured, wounded, in the municipality of Sibilia,
Quetzaltenango on 7 August 1987; allegedly "disappeared" by members of the G-2 two days following his capture.

Antonio Lorenzo: Reportedly arrested by the army in 1987 on the slopes of the Tajamulco volcano, San Marcos department; allegedly "disappeared" from the San Marcos military base.

Reginaldo de Jesús Pérez: Presented before the media with Agustín Recinos in August 1992 (see above).

and two others known only by their pseudonyms, "Santos-2", allegedly captured in October 1990 in Quetzaltenango, along with Carlos López (see his case above), and
"Obispo", allegedly captured on 20 December 1989 by a military commissioner from the municipality of Comitancillo, San Marcos and "disappeared" three months later by members of the G-2 from the San Marcos.

EXTRAJUDICIAL EXECUTION OF AN UNACKNOWLEDGED DETAINEE

Finally, the two combatants charge that a man whom they identify only as
"Baltazar" was captured by the armed forces on 28 February 1991 on the road from Taxisco to Escuintla and allegedly executed by the army for refusing to cooperate with the military.

GOVERNMENT RESPONSE TO THE ALLEGATIONS

In response to writs of habeas corpus presented to the courts in February 1993 by the Comisión de Derechos Humanos de Guatemala (CDHG), Guatemalan Human Rights Commission, the Guatemalan Minister of Defense, General José Domingo García Samayoa, stated that three of those named, Anastacia López Calvo, Reginaldo de Pérez Llama and Martín Pérez Cabrera were voluntarily cooperating with the military. Particularly in the case of Anastacia López, the declarants state that apparent cooperation with the military has only come about because of army pressure, including threats, maltreatment and torture.


BACKGROUND INFORMATION

Tens of thousands of people have been victims of human rights violations, such as forced "disappearances", torture and extrajudicial executions in Guatemala over the past 30 years. Many of those accused by the authorities as supporters or members of the armed opposition have been detained by military and police or by armed civilians acting under their command, and then "disappeared". The authorities have consistently denied holding them and their families and friends cannot find out what has happened to them.

President Jorge Serrano Elías came to power in January 1991. During his presidential campaign he had pledged to ensure the protection of human rights. However, Amnesty International remains seriously concerned at continuing human rights violations in Guatemala, including extrajudicial executions, death threats, torture and "disappearances". Even in cases where the identity of the perpetrators in unclear, the choice of victim and the manner in which the abuses have been carried out suggest the involvement of members of the official security forces.



****

(1) Military commissioners are civilian agents of the army who serve under army discipline.
(2) This is the same place where teacher Maritza Urrutia García, is believed to have been held in custody in July 1992 before she was released on the understanding that she would cooperate with the military. She later went into exile and charged that she had been forcibly abducted and compelled to make a video and appear before the press, saying she had voluntarily decided to withdraw from the armed opposition and denouncing other alleged opposition members.


(see UA 243/92, AMR 34/35/92, 28 July 1992, and follow-ups AMR 34/36/92, 30 July 1992 and AMR 34/37/92, 31 July 1992)

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