181. On 25 September 2001, the Special Representative, together with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the independence of judges and lawyers, sent an urgent appeal regarding alleged threatening phone calls received by Mr. Waldemar Barrera, Assistant Procurator for Human Rights, in connection with the investigation by the Procurator General's Office regarding the extrajudicial execution of a journalist, Mr. Jorge Alegria. It has been reported that Mr. Waldemar Barrera, in charge of the investigation, reportedly disclosed publicly the names of those responsible for the murder. He was reportedly threatened by phone and ordered to stop his investigation into the murder and to refrain from making another public statement. In a press release, the Procurator for Human Rights, Mr. Julio Arango, reportedly asked the Ministry of the Interior to guarantee
Mr. Waldemar Barrera's safety. The Procurator reportedly stated that Mr. Alegria's murder had been politically motivated and that the authorities of the municipality of Puerto Barrios and San Tomas de Castilla were responsible for Mr. Alegria's murder.
182. On 5 October 2001, the Special Representative, together with the Special Rapporteur on the sale of children, child prostitution and child pornography, sent an urgent appeal concerning threats and intimidation affecting Mr. Hector Dionicio Godinez, Coordinator of Casa Alianza's legal aid Programme. It has been reported that on 10 September 2001 a car tried several times to force Mr. Dionicio Godinez off the freeway. On 10 and 25 September 2001, Mr. Dionicio Godinez reportedly received threatening phone calls at his home and on his cell phone. In addition, on 26 September 2001, two unidentified men in civilian clothes allegedly
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broke into and tried to steal the Casa Alianza vehicle. According to the information received, this series of threats is connected with the suit brought by Casa Alianza before the Inter-American Court of Human Rights in Costa Rica. In this case, Casa Alianza was pressuring the Government of Guatemala to pay a half a million dollar settlement to the families of five street children who were tortured and murdered by two Guatemalan policemen in 1990.
183. On 19 October 2001, the Special Representative sent an urgent appeal concerning the alleged intimidation suffered by Ms. Ruth Carrido, coordinator of the Sister Parish Centre, a church organization which offers assistance and shelter to indigenous peasants. According to the information received, during a meeting between the indigenous communities and the Centre for Legal Action in Human Rights held in the Sister Parish Centre from 11 to 13 October 2001, members of the Centre reportedly noted phone interference, while Ms. Ruth Carrido reportedly received threatening phone calls in her office and at home. In addition, on 14 October 2001, Ms. Ruth Carrido found the doors of the office had been opened and confidential documents and computer materials stolen.
184. On 19 October 2001, the Special Representative sent an urgent appeal concerning
Ms. Matilde Leonor Gonzalez Izas, a member of the Centro de Estudios para el Avance de las Ciencias Sociales (AVANSCO), who has reportedly been kept under surveillance and has received a number of threatening telephone calls in connection with research and information she had published on the new mechanisms used by the military to maintain local power in San Bartolome Jocotenango in the department of El Quiche and in San Idelfonso Ixhahuacan. On 2 October 2001, a man reportedly entered Ms. Leonor Gonzalez Izas' house and stole her lap-top computer containing information on her research on San Bartolome and San Idelfonso. On 18 October 2001, she lodged a complaint with the public prosecutor.
185. On 8 November 2001, the Special Representative, together with the Special Rapporteur on extrajudicial, summary or arbitrary executions sent an urgent appeal regarding Mr. Javier Mendez Games, assistant human rights procurator in Coatepeque in Quetzal tenango department, as well as other members of his office. According to the information received, on 5 October 2001, unidentified assailants broke into the offices of Mr. Javier Mendez Games in Coatepeque, Quetzaltenango department. Nothing was reportedly stolen but the office's car was destroyed. In addition, Mr. Javier Mendez Games reportedly received threatening phone calls. These threats are reportedly linked to the activities carried out by the office of the human rights procurator, such as investigating and denouncing corruption in State institutions in Quetzaltenango and in the national police.
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Communications received
186. By letter dated 18 December 2000, the Government of Guatemala informed the Special Representative about the cases of Asociacion Mujer Vamos Adelante (AMVA) and of
Mr. Celso Balan Argueta. Regarding the AMVA case, the Government reported that information would be sent as soon as possible. Concerning Mr. Balan Argueta, further information was sent by the Government in a letter dated 12 October 2001 in which the Government reported that the investigation has been in the hands of prosecution service No. 1 of the Chimaltenango Public Prosecutor's Office and the criminal investigation service of the National Civil Police. As for prosecutions, the Government informed the Special Representative that the perpetrators had not yet been identified. On 11 December 2000, the prosecution service had pointed out that the file had been provisionally closed on 21 October 2000, as it had not been possible to identify anyone involved, although photofit pictures had been produced. In addition, the Government indicated that upon learning of what happened to Mr. Balan, the National Civil Police had provided him with appropriate protection and no further moves against him had been reported since then. The file on the case had been provisionally shelved, but if any new information led to the identification of any assailants, it would be brought to the attention of the Special Representative.
187. The Government sent a reply on 14 March 2001 regarding the case of Mr. Mynor Melga, which was transmitted by the Special Representative on 24 January 2001. The Government stated that the Identity Card Office's report on the fingerprint analysis indicated that they were all those of Mr. Hugo Antonio Arias Monzon, who has a record of arrest for various criminal offences. As a result, on 5 February 2001, the Fifth Chamber of the Criminal Court of First Instance issued a warrant for the arrest of the main suspect on the charge of aggravated robbery. According to the Government, the Robbery Squad has kept the residences registered in the main suspect's name under surveillance with a view to serving a warrant. Once it has done so, the suspect will immediately be brought before the court that issued the warrant so that he may be charged with the corresponding criminal offence. Specific instructions have been issued to the Robbery Squad of the Criminal Investigation Service to take all necessary lawful action to arrest the suspect and thus enable a final report to be established on the case.
188. By letter dated 7 April 2001, the Government of Guatemala informed the Special Representative concerning the case of the Centro de Estudios, Information y Bases para la Action Social (CEIBAS), which was transmitted by the Special Representative
on 21 March 2001. On 29 March 2001, Comision Presidencial Coordinadora de la Politica del Ejecutivo en Materia de Derechos Humanos (COPREDEH) officials visited CEIBAS headquarters and talked to Ms. Yolanda Estreda, the secretary of the organization. She said that when she had arrived at work on 12 March 2001 she had found that the offices had been raided
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and that the intruders had stolen office and computer equipment. The Government further reported that, on 13 March 2001, a complaint was submitted to the Administrative Centre for Crime Management. The First Court of Criminal Proceedings and Environmental Offences transferred the complaint to the Public Prosecutor's Office since it involved a punishable act and not a habeas corpus action as the petition stated. According to the Government, security measures were in the hands of Police Station No. 3, which covered the area in which the headquarters of CEIBAS are located. The CEIBAS staff told COPREDEH officials that they did not want bodyguards, patrols of the premises being sufficient. COPREDEH requested both the Attorney-General and the Director of the National Civil Police to expedite such procedures as might be necessary to ensure the efficient investigation of the incidents and to prevent any others that might in any way adversely affect CEIBAS personnel.
189. Por carta de fecha 13 de diciembre de 2001, el Gobierno de Guatemala informo respecto al caso del Sr. Waldemar Barrera. El Gobierno establecio que el Sr. Waldemar Barrera no ha presentado denuncia por las amenazas de que fuera objeto ante ningun organo y que no desea que las autoridades le brinden seguridad. No obstante, el Gobierno aseguro que de manera periodica se realizaban rondas en las cercanias de la sede de la Auxiliatura Departamental.
190. Por carta de fecha 19 de diciembre de 2001, el Gobierno de Guatemala informo respecto al caso de la Sra. Matilde Gonzalez Izas. El Gobierno indico que por el momento se estan investigando las placas de los vehiculos que fueron denunciados en este caso. Asimismo, el Gobierno establecio que en varias oportunidades se ha tenido comunicacion, por via telefonica, para establecer la forma de brindarle la seguridad que es necesaria para proteger la vida e integridad de la Sra. Gonzalez Izas y de su familia, pero no se ha tenido respuesta alguna, ya que las reuniones establecidas por via telefonica no se han podido concretar.
191. Por carta fechada 27 de diciembre de 2001, el Gobierno de Guatemala informo respecto al caso del Sr. Gilberto Gomez Limon. El Gobierno aseguro que la agresion fue consecuencia de un problema entre particulares y sin trasfondo politico, y que el agresor fue consignado por los agentes de la Policia Nacional Civil despues de ser esposado.
Observations
192. The Special Representative thanks the Government of Guatemala for its detailed replies. Following her request to visit Guatemala sent on 27 April 2001, an official invitation was extended to the Special Representative on 17 May 2001. Several proposals as to dates were exchanged between the Special Representative and the Government. In the end, owing to unexpected commitments and a heavy schedule, the Special Representative was not in a position to undertake the visit during 2001. She hopes to visit Guatemala in the course of 2002.
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HAITI Communication sent
193. On 14 November 2001, the Special Representative, together with the Special Rapporteur on extrajudicial, summary or arbitrary executions sent an urgent appeal regarding the death threats allegedly received by the National Coalition for Haitian Rights (NCHR) and the Haitian Human Rights Organizations Platform (POHDH). According to the information received, three members of the POHDH, Mr. Pierre Esperance, treasurer and executive director,
Mr. Serge Bordenave, secretary-general, and Mr. Jean Simon Saint-Hubert, executive secretary, as well as Mr. Viles Alizar, programme manager of NCHR, were reportedly victims of intimidation and death threats received either by e-mail, by telephone or in tracts distributed in the streets. It has been reported that these threats are connected with the publication by the NCHR of an open letter to the Superior Council of the Haitian Police criticizing and condemning its practices, notably its close links with the ruling party, Fanmi Lavalas, and the increasing violations of human rights in Haiti, such as the harassment of journalists, activists and opposition members.
Communication received
194. By letter dated 23 November 2001, the Government of Haiti informed the Special Representative that the allegations of death threats received by human rights defenders were groundless and that the State could not be held responsible. The Government of Haiti reiterated its willingness to respect human rights and to establish a State of law. It also reaffirmed its willingness to collaborate with the main United Nations human rights mechanisms, especially with the special rapporteurs, who were welcome to visit the country so as to check allegations of human rights violations.
Observations
195. The Special Representative thanks the Government of Haiti for its prompt reply but remains concerned over the allegations that human rights defenders have received death threats.
HONDURAS Communication sent
196. On 5 June 2001, the Special Representative, together with the Special Rapporteur on extrajudicial, summary or arbitrary executions sent an urgent appeal regarding
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Father Pedro Marchetti, a United States citizen who has lived and worked in the northern region of Aguan for many years, campaigning with the Movimiento Campesino del Aguan (MCA). According to the information received, a powerful local politician has hired gunmen to kill the priest. Previously, in October 1998, threats to kill Father Marchetti were made, allegedly by the same people, after he publicly stated the community's commitment to work to ensure that those responsible for the murder of a local environmental activist, Mr. Carlos Escaleras, killed in 1997, were brought to justice. It has also been reported that a State prosecutor has submitted charges in court against Father Marchetti and the MCA for alleged illegal land appropriation. Although government ministers previously acknowledged the real threat to Father Marchetti, the authorities reportedly failed to investigate the allegations properly in order to bring those responsible to court.
Communications received
197. By letter dated 2 July 2001, the Government of Honduras informed the Special Representative that Father Marchetti had brought no charge before the competent court. Nevertheless, at the request of the Office of the Secretary of State for Security, a group of officers had been instructed to carry out the detailed investigations needed to throw light on the source of the threats to which Father Marchetti had been subjected. The Government also indicated that a security plan for the physical protection of Father Marchetti would be put into effect.
Observations
198. The Special Representative thanks the Government for its reply.
INDIA Communications sent
199. The Special Representative sent an urgent appeal on 19 January 2001 regarding Ms. Sharmila, who was reportedly arrested on 6 November 2000 on charges of attempting to commit suicide while she was undertaking a hunger strike to protest the killing
on 2 November 2000 of 10 civilians in Malom Makha Leikai (Imphal West district of Manipur) and the continuing status of the State of Manipur under the Armed Forces (Special Powers) Act.
200. On 8 March 2001, the Special Representative transmitted an allegation jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions regarding Mohammad Azam Ali, secretary of the Andhra Pradesh Civil Liberties Committee (APCLC), who was
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reportedly killed on 18 February 2001 in Nalgonda town. According to the information received, the killers are ex-members of an armed group linked to two men who are in custody, accused of killing another member of APCLC, T. Purushottam. Mohammad Azam Ali was about to attend a meeting to commemorate the death of Mr. Purushottam when he was killed. It was alleged that despite repeated appeals, the government of Andhra Pradesh has refused to order a judicial inquiry into the killing of T. Purushottam in the light of alleged police connivance with the killers of both individuals.
201. The Special Representative sent an urgent appeal on 25 July 2001 concerning a police raid, on 7 July 2001, on the offices of the Bharosa Trust, a local organization for gay men, and of the liaison office in Lucknow of the Naz Foundation International (NFI), an international development agency providing technical support for the promotion of male sexual and reproductive health in South Asia. The police reportedly seized HIV/AIDS information and prevention material, and arrested Arif Jafar, executive director of the Bharosa Trust in Lucknow, as well as other Trust members, namely Mohhamad Shadid, Sudhish Kumar Singh, Parmeshwar Nayar and Pankaj Kumar. They were allegedly detained in Lucknow district jail and charged with conspiracy to commit unnatural offences. Fears have been expressed that evidence was planted by the police in the raids, which were conducted subsequent to the arrest and detention of the workers. If the charges are retained against them, the members of both organizations would face up to 10 years' imprisonment.
202. The Special Representative sent an urgent appeal on 30 July 2001 regarding the Adivasi Tribal Land Rights Movement. According to the source, some 250 to 300 Adivasis, mostly women and children, organized a protest march to the police station in Maharashtra, in western India, on 25 June 2001. This march took place after a local politician, allegedly accused of attempting to rape an Adivasi girl, was reportedly released on bail and charged by the police station in Puntamba village, Kopargaon district, with the lesser offence of molestation. In an ensuing scuffle involving Ms. Indu Manjare and a local assistant sub-inspector, the police allegedly opened fire and shot dead two Adivasis leaders, Mr. Pradeep Dushing and