92002E1435

WRITTEN QUESTION E-1435/02

by Camilo Nogueira Román (Verts/ALE) to the Council

(23 May 2002)

Subject: The return of state terror in Guatemala

Nobel Peace Prize winner Rigoberta Menchú today had to go back to Guatemala, where she is the object of death threats, to attend the funeral of her co-worker Guillermo Ovalle, murdered by repressive paramilitary forces protected or tolerated by the government which do not respect

the peace agreements, and continue to threaten, humiliate, terrorise and massacre Guatemala's indigenous majority. What steps has the Union Presidency taken vis-à-vis the Guatemalan Government to prevent these acts of terrorism? Does the Presidency intend to take appropriate measures to sanction the Guatemalan Government?

Reply

(16-19 December 2002)

1. The Council views with the greatest concern all the threats and assaults made against indigenous people, as well as against judges and members of the judicial authorities, human rights activists, journalists and political leaders. The Council has repeatedly condemned these acts, which impede progress in strengthening the rule of law, and has urged the Government of Guatemala to protect those targeted and have the incidents investigated, so that legal action can be taken to punish those responsible. With respect to the specific case of the murder of Sr Guillermo Ovalle, the verification done by the UN Verification Mission in Guatemala (Minugua) indicates that the general characteristics of the case and of the perpetrators correspond to an act of common criminals. However, since a number of other cases, initially believed to be the acts of common criminals, were later proven to have been motivated by political reasons, Minugua continues to verify that all official enquiries do not exclude other hypotheses. The Council will therefore continue to follow closely this case to ensure that it is properly investigated and urge that those responsible are brought to justice.

2. On 24 April, on the occasion of the fourth anniversary of the murder of Bishop Gerardi, the Council reiterated to the Guatemalan government its concern at the persistant intimidation, threats and aggresion suffered by members of the human rights organisations, journalists and law officers. In May the Spanish Presidency, accompanied by various EU Ambassadors and colleagues from donor countries participated in a demarche to the Vice President expressing concern over human rights issues, notably the threats to those working in this field.

3. The Council maintains a constructive dialogue with Guatemala based on respect for human rights and the implementation of the Peace Accords both bilaterally and in the framework of the San Jose dialogue.