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Will Justice Be Possible In Guatemala?

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A partial retrial for 86-year-old ex-President Efraín Ríos Montt on charges of genocide and crimes against humanity now seems likely after Guatemala’s top court this week overturned his historic May10 conviction on a technicality. Regardless of whether he is convicted again, other former military officers, who were even closer to the carnage against Ixil-speaking and other ethnic Mayans in Guatemala’s highland regions, remain at large.

One of them is Guatemala’s president, Otto Pérez Molina, a retired general who, according to an ex-soldier testifying in Ríos Montt’s trial, ordered soldiers to burn and loot villages and “execute people.” But President Pérez Molina was not on trial and no corroborating evidence against him was heard. (Pérez Molina denies any wrongdoing, or even that genocide in Guatemala ever took place.)

Such evidence exists, however. And there is more evidence still against other officers, particularly the tight-knit group who filled the chains of command during the genocide in the early 1980s, between then-Major Pérez Molina and then-President and General Ríos Montt.

Ríos Montt may yet become the first former head-of-state successfully prosecuted in his own nation for genocide. But this story doesn’t end with one facing an odd genocide trial and another president implicated in war crimes from thirty-odd years ago. A third Guatemalan president, Alfonso Portillo, faces trial in Manhattan on US money laundering charges, which were filed in 2010. Although they each served decades apart, and only two of them are former military officers, these three presidents have stories that are tightly interwoven. Much like the threads of an olive green military dress uniform, pulling too hard, now, at any one loose string, could start unraveling the fabric to eventually bare what lies beneath. This would also include the role of the United States in the violence in Guatemala.

If he were ever brought here for trial, ex-President Portillo would become the first former head of state from any nation to be extradited to the United States. (Former Panamanian leader Manuel Antonio Noriega was brought in 1990 as a de facto prisoner of US military forces who captured him following an American invasion.) Portillo has denied charges that he embezzled tens of millions of dollars of Guatemalan funds, “converting the office of the Guatemalan presidency into his personal ATM,” as the indictment from the US Southern District Court of New York charges. He allegedly stole funds from Guatemala’s school libraries, defense ministry and a national bank, laundering the money through banks in the United States and Europe.

An elite group of former military intelligence officers are implicated in the same crimes. Back when General Ríos Montt assumed the presidency through a 1982 coup, these officers bonded and rose as an informal but powerful force. The same club of officers exists today—the place where genocide and organized crime meet.

A Defense Intelligence Agency cable from 1991 identifies this “intelligence club,” whose members called themselves the “Cofradía…the name given to the powerful organizations of village-church elders that exist today in the Indian highlands of Guatemala.” According to the once-classified cable, “This vertical column of intelligence officers, from captains to generals, represents the strongest internal network of loyalties within the institution.”

La Cofradía was formed during the peak of violence in the early 1980s by a group of Army Colonels, who, according to the cable, “must be given much of the credit for engineering” the military operations that both defeated the nation’s leftist guerrillas and resulted in genocide for 5.5 percent of the nation’s Ixil-speaking people.

“Under directors of intelligence such as then-Col. Manuel Antonio Callejas y Callejas back in the early 1980s, the intelligence directorate made dramatic gains in its capabilities, so much so that today it must be given much of the credit for engineering the military decline of the guerrillas from 1982 to the present,” reads the cable, which was obtained by George Washington University’s National Security Archive.

These Army colonels recruited “other capable officers” who were their juniors to serve in “key operations and troop command assignments.” The “Operators” developed their own “network of recognition, relationships and loyalties.” One of the operations officers, the cable goes on, was then-Major Otto Pérez Molina.

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Ríos Montt took power in 1982 through a coup and later formed a political party called the Guatemalan Republican Front. Having always wanted to be a popularly elected president, he tried running for it three times, but Guatemalan courts kept ruling he was ineligible over his role in a past coup. So Ríos Montt handpicked a career politician named Alfonso Portillo to run on his party’s ticket in his place, and Portillo, after losing one election, won the next one to take office in 2000.

One of President Portillo’s most frequent guests at the National Palace was retired intelligence chief and Cofradía officer Ortega Menaldo, spotted so frequently, a spokesman felt compelled to tell reporters that he was just a close friend and not an official advisor.

In March 2002, the State Department revoked Menaldo’s US entry visa due to narco-trafficking allegations. Menaldo denied the allegations, telling reporters that he had previously collaborated with both the CIA and the Drug Enforcement Administration against drug trafficking. The same top Cofradía officer named in the DIA cable, now-ret. General Callejas y Callejas, also had his visa revoked on the same grounds, but never responded to the allegation.

The Bush administration eventually decertified Guatemala for failing to cooperate against drug trafficking.

“Narcotics trafficking, alien smuggling, car theft, money laundering, and organized crime in general are on the increase in Guatemala,” a State Department official, Paul Simons, testified to Congress. “Some of the leaders of these activities have very close ties to the president and regularly influence his decisions, especially with respect to personnel nominations in the military and ministry of government.”

US agencies have finally begun holding Guatemala accountable for criminal activity, after largely ignoring drug trafficking and other crimes by retired military officers and others for years. But the United States has yet to account for its own role in Guatemala’s genocide. To date the closest any U.S. official has come was then-President Bill Clinton saying in Guatemala City in 1999 that “support for military forces or intelligence units which engaged in violent and widespread repression of the kind described in the report was wrong.”

Pérez Molina was in Washington serving as the Guatemala military liaison to the Inter-American Defense Board, when Portillo was elected president with Ríos Montt’s and his party’s backing. When the new government was inaugurated, Pérez Molina retired from military service, and within a year founded the Patriotic Party.

Soon both Ríos Montt and Pérez Molina were elected representatives on different sides of the Guatemalan legislature. (Ríos Montt’s daughter, Zury Rios, was an elected legislator, too. She married then-Illinois congressman Jerry Weller, who later left Congress over improprieties including undisclosed Nicaragua beachfront properties first documented in the Chicago Reader by this reporter.)

Pérez Molina ran for the presidency in 2007 and lost, and ran again in 2011 and won. He came to power promising to crack down on organized crime, especially Mexican drug cartels that in recent years have inundated Guatemala. But President Pérez Molina also allowed, in no small part due to international pressure, both a UN anti-crime task force, backed by the United States since the Bush administration, as well as Guatemalan’s own dogged attorney general, Claudia Paz y Paz, to continue gathering evidence and bringing cases to court.

One of the nation’s future defendants could conceivably be him. Using the nom de guerre of Major Tito Arias, then-Major Pérez Molina served in the Ixil region, where journalist Allan Nairn interviewed him on camera as part of a documentary made by the Finnish filmmaker Mikael Wahlforss. The documentary recorded Pérez Molina standing amid a row of adult male corpses, as soldiers kicked their remains. A soldier said on camera that they had brought the men to Pérez Molina for interrogation, but that they provided no information. The soldiers did not explain how the men were killed.

A City University of New York anthropologist, Victoria Sanford, recently wrote a New York Times op-d saying that the Obama administration should lead nations in the Organization of American States to demand President Pérez Molina’s resignation.

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Anthropologists have long helped document abuses against Guatemala’s majority Mayan population. In 1990, anthropologist Myrna Mack was killed, stabbed twenty-seven times, by a military high command agent. Her sister, Helen Mack Chang, was a bank loan officer who has since emerged as the nation’s leading human rights advocate.

Helen Mack long ago compared the impunity surrounding the Guatemalan military and its crimes to a wall. With the trial of ex-President Ríos Montt the wall has finally began to crack, but not yet crumble. It remains unclear whether any legal or other action will be taken against the former military “Operator” under both Ríos Montt’s and the Cofradía’s commands, now-President Pérez Molina.

Ex-President Portillo, the politician handpicked by Ríos Montt, stands indicted in Manhattan. But his extradition has been stalled for three years. A related criminal case against him has remained open in Guatemala, even though few actual proceedings occurred. Last month the case was finally closed, perhaps now paving the way for Portillo’s extradition.

Even if his extradition were approved, his money-laundering case in New York is so potentially explosive that American diplomats wonder out loud whether he would be killed before he left. “A powerful group of former senior military officers known collectively as ‘The Brotherhood’ (‘La Cofradía,’ suspected of narcotrafficking and other crimes), who colluded with then-President Portillo to embezzle millions from the state, might seek to murder him in order to ensure he does not collaborate with Guatemalan or U.S. authorities,” reads a 2010 still classified State Department cable signed by Ambassador Stephen McFarland, a career diplomat and veteran Central America hand, and obtained and made available online by WikiLeaks.

The genocide and other crimes committed with impunity in Guatemala have long ripped the fabric of the nation. Stitching it back to together will require the same kind of hand-woven care it takes to embroider a detailed, colorful Ixil woman’s huipil.

May 23, 2013

Read more: http://www.thenation.com/article/174433/will-justice-be-possible-guatemala#ixzz2U8zkGXMA

Guatemala’s Cycles of Crime

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Original story found here.

Guatemala’s Cycles of Crime

January 13, 2012 – 6:06pm | World Policy Journal

By Frank Smyth

For Guatemala and its majority Mayan population time is repeating itself. A former military commander and intelligence chief with a bloody past promises to bring law and order to the Central American nation. Worried about rising crime and the increasingly violent penetration by Mexican drug cartels, voters elected Otto Pérez Molina as president.

The president-elect’s loyalties may be divided, however, between his promise to fight organized crime and the U.S.-backed institution to which he owes his career. His dilemma is rooted in the anti-communism shared by the two nations during the Cold War. Only by strengthening Guatemala’s long struggling civilian law enforcement and judicial institutions will the nation achieve stability. Unfortunately, Pérez Molina has already indicated his preference to rely instead on military force.

On January 14, Pérez Molina will become the first ex-military officer to assume Guatemala’s presidency since the end of military rule in 1986. But every elected government since has been marked by two trends. First, there’s the ongoing influence exercised by different and sometimes rival cliques of military intelligence officers. Second, there’s the endemic lawlessness that has given rise to violence and Guatemala’s increasing role as a transshipment and now also a production point for U.S.-bound illegal drugs.

With names like the “Brotherhood” (Cofradía) and the “Operators,” the intelligence cliques “developed their own vertical leader-subordinate network of recognition, relationships, and loyalties,” noted the U.S. Defense Intelligence Agency in a 1991 cable. The cable identified Pérez Molina as one of the “Operators,” and it credited the intelligence cliques for dramatic military successes during the Guatemalan Civil War in the 1980’s.

A U.N. truth commission later found the same military operations included “acts of genocide.” Concentrated in the Mayan highlands, these included targeting entire village populations suspected of supporting leftist guerrillas for annihilation. Internal Guatemalan Army documents show that Pérez Molina was an infantry commander in the Ixil triangle in 1982 during some of the most severe abuses. U.S. military documents from the mid-1990s, albeit with contradictory accounts, show him either disappearing or ordering the disappearance of Efraín Bámaca, the leftist guerrilla leader married to the Harvard-trained, U.S. lawyer Jennifer Harbury.  President-elect Molina, while declining to address specific allegations, denies any role in abuses.

The president-elect deserves some credit. He plans to keep, even if it is due to international pressure, the country’s current Attorney General, Claudia Paz y Paz. Unprecedentedly, and often working with international officials, she has arrested both military personnel for prior human rights crimes and suspected international drug bosses, including one alleged kingpin indicted in Tampa. She continues to investigate other abuses, too, including Bámaca’s disappearance after being captured. But more must be done to establish accountability and the rule of law.

Human rights groups fear the new government will usher in a new era of state-sponsored violence. The president-elect has named former Kaibil military commanders to lead the police and military. Kaibiles are elite military forces, who have been linked to some of the nation’s grisliest massacre, including the slaughter of over 200 civilians at Dos Erres in the remote, northern region of Petén in 1982. More recently ex-Kaibil soldiers have been linked to drug trafficking in collaboration with Mexico’s feared Zeta cartel, who themselves are former Mexican special forces soldiers turned drug lords. Leading Mexican analysts maintain it was the Guatemalan ex-Kabiles who taught the Zetas the use of decapitation as a terror tactic.

President-elect Molina and his cabinet say they will expand police and Kaibil operations in Guatemala, and lead a regional effort to share intelligence about organized crime. They might start with their own peers. Dozens of Guatemalan officers of all ranks have been formally accused of drug trafficking, according to U.S. government documents, dating back to before the end of Guatemala’s armed conflict.

Guatemala’s record of prosecuting its own drug kingpins lags far behind Mexico and Colombia. Not one Guatemalan was extradited on drug charges for well over a decade after the 1994 murder of Epaminondas González Dubón, the nation’s chief justice. The Clinton administration covered up the extradition case surrounding his murder.

His murder reveals the power of the intelligence cliques linked to the drug trade in Guatemala. Chief Justice Dubón led the nation’s Constitutional Court in a four-to-three vote in favor of extraditing Lt. Col. Carlos Ochoa Ruiz, according to court documents later cited by the Costa Rican daily La Nación. Nine days later, on April 1, as the family was returning from observing a Good Friday pageant, gunmen shot and killed Dubón near his home in his car in front of his wife and youngest son. On April 12, the same top court with a new chief justice quietly ruled not to extradite Ochoa. The State Department took four years before finally admitting in a few lines buried in a thick report to Congress that the chief justice’s assassination stopped the extradition of the Army lieutenant colonel over multi-ton level cocaine charges.

Since then, the nation’s importance to drug traffickers has only climbed.  The State Department reports that Guatemala is a midpoint for over 60 percent of all the South American cocaine reaching the United States, most of which then passes through Mexico. Guatemala is a transshipment point for heroin too. Recently, Mexican traffickers have started producing methamphetamine in Guatemala.

The Mexican cartels first moved into Guatemala to fight each other over who would emerge with the largest share of Guatemala’s huge cocaine export market. But Guatemala’s own cartels—who still primarily receive drugs from South America—have long been quieter than their Mexican counterparts. Classified U.S. cables obtained by WikiLeaks identify five major Guatemalan cartels that, for some reason, have rarely fought each other over territory or profits.

The U.S. has taken some action. The Bush Administration revoked the U.S. entry visas of two former Guatemalan intelligence chiefs over suspected drug trafficking. One, Francisco Ortega Menaldo, who publicly denied the accusation, is a longtime rival of Molina. But a decade ago, he was a frequent companion of then-President Alfonso Portillo, who is now facing extradition to New York to face money laundering charges.

However, the military intelligence cliques have hardly gone away. On 2010, a U.S. State Department cable obtained by WikiLeaks read “A powerful group of former senior military officers known collectively as “The Brotherhood” (“La Cofradía,” suspected of narcotrafficking and other crimes), who colluded with then-President Portillo to embezzle millions from the state, might seek to murder him in order to ensure he does not collaborate with Guatemalan or U.S. authorities.”

Molina’s iron fist will no doubt drive out some Mexican traffickers. But only independent law enforcement will rescue Guatemala from its own powerful crime lords linked to the military intelligence cliques who have long enjoyed immunity from prosecution. Only by supporting civilian over military institutions could Molina move Guatemala forward. But, like many other retired intelligence officers, he has an interest in not exhuming the past.

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Frank Smyth began his career reporting from El Salvador in the 1980s. He has covered Guatemala, Rwanda, Colombia, Eritrea, and Ethiopia.  He has written for The Washington Post, The Wall Street Journal and The New York Times.

My Enemy’s Friends: In Guatemala, the DEA fights the CIA

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Original article can be found here.

Why did the Guatemalan military kill American innkeeper Michael DeVine? In April of this year, acting CIA Director William 0. Studeman and other U.S. officials implicated Colonel Julio Roberto Alpírez, who was on the CIA payroll at the time of the crime, in the June 1990 killing. But Studeman offered no explanation for the murder, and Alpírez ‘s motive for ordering it has remained a mystery. The New York Times reported that DeVine may have been killed because he knew about the Guatemalan military’s illegal logging of mahogany trees near his ranch in the country’s northern Peten jungle. DeVine’s widow says it may have been because in his restaurant he served a civilian before serving a military officer. Assistant Secretary of State Alexander F. Watson told Congress DeVine might have been killed in a dispute over missing army rifles.

There is, however, a more probable motive for DeVine’s murder. For the crucial backdrop to this story is not only the involvement of the CIA with the Guatemalan military, but the involvement of the Guatemalan military in drug trafficking. From the beginning, U.S. intelligence sources say, officials have had information to suggest that drugs were behind DeVine’s murder. “DeVine could have found out that there were Guatemalans dealing with drugs up there because there were,” says Thomas F. Stroock, who was the U.S. ambassador to Guatemala at the time of the DeVine killing. Now a former Drug Enforcement Administration special agent says that DeVine was killed because he knew Alpírez was involved in drug trafficking.

The ex-DEA agent, Celerino Castillo III, says he worked with both G-2 (the former name for the Guatemalan military intelligence) and the CIA from 1985 to 1990. Castillo says that CIA agent Randy Capister (whose identity Stroock confirmed) served as the agency’s covert liaison with G2. Capister, Castillo alleges, learned that DeVine had found out that Alpírez was involved in cocaine trafficking and marijuana cultivation near DeVine’s ranch. (DeVine, though not a DEA informant, knew U.S. officials and others associated with the U.S. Embassy.) Once Capister learned of DeVine’s discovery, he in turn informed Colonel Francisco “Paco” Ortega Menaldo, then head of G-2. Colonel Alpírez was under Ortega’s command within the G2, while CL4 agent Capister reported not to then-Ambassador Stroock, but to Alfonso Sapia-Bosch, then the CIA station chief. Sapia-Bosch, reached for comment, declined to make one. Says Stroock of these agents: “I had no way of knowing what they did or did not know.”

What the DEA knew or knows is also in doubt. Back in 1993 the DEA stated of DeVine’s murder: “There is, no indication that drugs were involved in this case.” But since Alpirez’s role in the murder was revealed, the DEA’s chief spokesman, James McGivney, has declined to answer any queries on Guatemala. Studeman, for his part, has denied that the CIA played any role in DeVine’s killing. When the CIA obtained specific information about Alpírez’s alleged role in the crime in October 1991, the agency turned it over to the Justice Department but withheld it from Congress.

Castillo’s new charge has now led Representative Robert Torricelli, a New Jersey Democrat, to reexamine what the CIA told the Justice Department. In March, Torricelli publicly revealed Alpírez ‘s role in both DeVine’s murder and that of a Guatemalan guerrilla leader, Efraín Bámaca Velasquez, who was married to American lawyer Jennifer Harbury.

In a letter to the CIA Inspector General dated May 4, Torricelli wrote that if DeVine was slain to protect a drug operation, the crime would have been politically motivated and therefore potentially subject to prosecution here under U.S. anti-terrorism laws. “If CIA officials were fully aware of the circumstances surrounding Mr. DeVine’s murder when they requested a Department of Justice ruling,” wrote Torricelli, “they clearly did not provide that information to the Justice Department. If that is the case, then the CIA officials involved are guilty of obstruction of justice.”

Whatever the motives for DeVine’s murder, it’s clear that the CIA and the DEA have often been working at cross-purposes in Guatemala. The same military that the CIA has trained and supported in its war on leftist insurgents has also provided cover for some of the major drug traffickers pursued by the DEA. Since 1989, the DEA has formally accused at least eleven Guatemalan military officers of drug trafficking, including six Army captains, two Army lieutenant colonels, two Air Force majors and even one Air Force general; the general, Carlos Pozuelos Villavicencio, was even denied an entry visa into this country because the DEA “knows, or has reason to believe” that he is involved “in the illicit trafficking of narcotics,” according to the US. Information Service.

Yet, as a 1994 State Department report explains, “Guatemalan military officers strongly suspected of trafficking in narcotics rarely face criminal prosecution.” In most cases, the Guatemalan military has merely discharged from active service those officers named by the DEA. Say the State Department report, “In most cases, the officers continue on with their suspicious activities.”

Take the case of Lieutenant Colonel Carlos Ochoa Ruiz, “a/k/a Charlie,” the first officer against whom the DEA initiated prosecution. Today he stands accused in Florida of collaborating with Colombia’s Cali cartel to ship multi-ton level units of cocaine to the United States. In 1990, DEA agents infiltrated Ochoa’s organization, which allegedly operated from a private farm in Escuintla, near Guatemala’s Pacific Coast. In October, DEA agents allegedly watched as Ochoa and others loaded cargo onto a small plane; the agents then tracked the cargo to Tampa, where they later seized a half metric ton of cocaine, with a street value of over $40 million. Ochoa was indicted in Florida’s US. Middle District Court and the State Department requested his extradition.

In response, the Guatemalan military discharged Ochoa as well as two Army captains also implicated in the case. But that didn’t stop a Guatemalan military tribunal from later reclaiming jurisdiction and ruling to dismiss all charges for “lack of evidence.” The State Department then appealed the case all the way to Guatemala’s Constitutional Court, whose presiding judge, Epaminondas Gonzalez Dubon, had a reputation for integrity. In March 1994 Gonzalez lived up to his reputation with an unprecedented ruling: he signed a decision declaring Ochoa’s extradition to be constitutional.

It turned out, however, that there were forces more powerful than the high court. On April 1 in Guatemala City, Gonzalez was assassinated by four unidentified gunmen. Then, on April 12, the surviving judges reversed Gonzalez’s decision. Ochoa, in Guatemala, is now free. The DEA’s sting against Ochoa was the United States’s best chance to prosecute a Guatemalan military officer. Instead, the case established a precedent: even officers under indictment are above the law.

In the increasingly isolationist post-cold-war world, it might be tempting to overlook cases such as this one. Yet there are U.S. interests at stake. Taking the war on drugs seriously means taking on Guatemala. Although in the early 1980s most U.S.-bound cocaine flowed through the Caribbean, in the 1990s the Mexican and Central American land isthmus has become the cocaine superhighway. Mexico forwards the bulk of the drug to the United States. And Guatemala serves as a warehouse for Mexico. “With hundreds of unmonitored airfields and a good network of roads leading to Mexico,” reads the State Department’s latest drug control report. “Guatemala became the Colombian cartels’ choice in Central America for cocaine transshipment.”

Now Studeman claims that the CIA must maintain contacts with Guatemalan military intelligence officers–such as Alpírez–to collect information about drug trafficking. The Clinton administration agrees; after cutting other CIA programs to Guatemala, it has allowed the CIA’s anti-drug operations there to continue. The trouble is that the CIA has been relying for information about drug trafficking on the very institution that has been producing drug trafficking suspects wanted by the DEA. At the very least, this casts doubt on the reliability of Guatemalan military intelligence. It also casts doubt on the CIA: whatever information the CIA has provided so far has yet to lead to the prosecution of a single officer.

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FRANK SMYTH is a freelance journalist who has written about drug trafficking in Guatemala for The Washington Post, The Village Voice and The Wall Street Journal.