REPORT OF INVESTIGATION ALLEGED HUMAN RIGHTS ABUSES CONCERNING SELECT

Created: 9/15/1995

OCR scan of the original document, errors are possible

Central Intelligence Agency Inspector General

ALLEGED HUMAN RIGHTS ABUSES CONCERNING. PERSONS AND MYRNA MACK

G)

P.nspector General

AfPRIMOFORRFIEASE DATE:

A. R. Cinquegrana Deputy Inspector General for Investigations

TABLE OF CONTENTS

Page

The

Guatemala City Station's Roles and Missions

Factual

PROCEDURES AND

QUESTIONS

Map: Alleged Human Rights AbusesU.S. Persons and Myrna

Chronology of Significant

.22

What information was avau able to thend5 concerningrights abuses? how was thatwhat do cia personnel recallreporting

The deatheter

SE^ET

THc deaths or Nicholas Blake and Griffith

the alleged abduction and abuse of slster dlanna

The stabbing of Meredith

The assault upon Josh

The death of Myrna

the death of Peter

the beating of june

the alleged abduction and beating of daniel "sky"

is there any evidence that cia employees ordirectly or indirectly involved in theor abuse of these

What are the facts and circumstancesraft Cable from Guatemaia City Station entitled

"Station Investigation of Human Rights Violations inated? What information did it contain that pertained to human rights abuses. Citizens? Was the cable ever transmitted to Headquarters? What no Agency

PERSONNEL involved recall about THE

What were CIA's itESPONsiniimrs for congressional

NOTIFICATION CONCERNING THESE MATTERS? WAS INFORMATION REGARDING THE fate OF the.

T

sggre1

citizens and Mack shared with nn: congressional

oversight

OFFICE OF INSPECTOR GENERAL INVESTIGATIONS STAFF

Report of Investigation

ALLEGED HUMAN RIGHTS ABUSES CONCERNING. PERSONS AND MYRNA MACK

G)

NTRODUCTION

n, the President directed the Intelligence Oversight Board (IOB) toovernment-wide review of all allegations surrounding0 death of Michael DeVine and2 disappearance of Efrain Bamaca Velasquez in Guatemala, as well as any related matters.esult of the President's direction, onhe IOB issued Terms of Reference outlining the scope of the review to the Inspectors General at the CIA, Department of State, Department of Defense, and Department of Justice.

n, the CIA Office of Inspector General (OIG) completed an investigation that examined what information was available to CIA concerning the killing. citizen Michael DeVine and the disappearance of Guatemalan insurgent leader Efrain Bamaca J

SEC1

The investigation also dealt with allegations that the CIA was concealing documents by sending them to former employees.

The lOB's initial Terms of Reference also asked the CIA's OIG to look into what intelligence was available to CIA. citizens who may have been subjected to human rights abuses in Guatemalapecifically, the Board identified the following individuals for review: Peter Wolfe, Nicholas Blake, Griffith Davis, Dianna Ortiz, Peter Tiscione, Meredith Larson, Josh Zinner, June Weinstock, and Daniel "Sky" Callahan. Subsequently, the Board requested that the CLA/OIG inquiry include Myrnauatemalan anthropologist who was murdered in Guatemala

This Report includes the results of the CIA OIG investigation concerning the individuals designated by the IOB. It describes Agency and non-Agency reporting relating to thesethe dissemination ot the relevant Agency Directorate of Operationsnd Directorate of Intelligence (DI) reports. It also addresses what key Agency personnel recall regarding CIA reporting relating to these individuals, and whether there is any evidence that CIA employees or assets were directly or indirectly involved in the death, disappearance, or abuse of these individuals.

BACKGROUND

The Setting

America. From thes through thethe CIA's activities in Central America took place withinof wars in Nicaragua and El Salvador that spilled overa real, though diminishing, threat of Cubana long civil war in Guatemala. The Agency engaged incollectionI

lytne iwus, tne wars in jNicaragua ant saivaaor naa enaedlihd peace negotiations were underway to end the diminishing civil war in Guatemala.

Within Guatemala, politicallyilitary-civilian relations were tense.

During this period, all factions of Guatemala's political spectrum used violence to further their political and economic interests. Far-right groups, in league with rogue elements of government security forces, were responsible for bomb attacks in Guatemala City and used assassinations to destabilize the Guatemalan Government. The leftist insurgency also engaged in economic sabotage, extortion and murder of military commissioners to bolster its political fortunes. Moreover, prior to0 presidential election, political parties engaged in kidnapping, assault and robbery to raise campaign funds and settle political feuds;

1 This violence goes back decades- For example, the insurgents are thought to have been responsible for8 assassination of US. Ambassador Gordon Mein.

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sk/rf.t

Guatemala's emergencearcotics

transshipment and production center contributed to the deteriorating security situation;

Military perceptions of government paralysis in the face of escalating violence and labor strife, as well as the weak civilian response to the insurgency, triggered two abortive coups during President Vinicio Cerezo Arevalo's; and

nstability took the form of an effort by then President Serrano to expand his power by suspending the Guatemalan constitution. This effort collapsed and led to the appointment in3 of Ramiro De Leon Carpio to replace Serrano.

The Guatemalan Military. Underf the Guatemalan Constitution, the Guatemalan military is the guarantor of the nation. By long-standing practice, the officer corps serves as guarantor of its own status and position. The ovemhelming majority of thefficers in the Guatemalan military enter through the military academy and usually progress in rank by their class.orps, they support their classmates and friends and they support the military institution against external challenge. The senior officers in the Guatemalan military today were often field officers during the period of heaviest fighting and worst human rights abuses priorhose senior officers are particularly sensitive to human rights charges against their colleagues, in part because many of the senior officers themselves engaged in questionable conduct as field officers.

The Directorate of Intelligencef the Guatemalan National Defense Staff is the national intelligence organization of the Guatemalan Government. Through (a) its headquarters in Guatemala City, (b) staff officersn regional military Commands, and (c) intelligence officerst the base or local level,ollects and analyzes information on armed insurgency

groups, narcotics traffickers, opposition political parties, potential regional adversaries, and otherfficers are under the command of their respective military zone or base commanders but also report directly ton Guatemalaollection capabilities include an informant network, interrogation of captured insurgents, as well as technical collection and investigative and surveillance teams.

fficers are generally selected from the best military academy graduates or particularly capable field officers. The core ofs composed of officers who spend their careers in intelligence and consider themselves the elite of the Guatemalan military.

Another important intelligence organization with links to

military andas the Department of Presidential Security

ommonly referred to as therService. This organization, made up largelyersonnel, reported directly to the President and the

General Staff.he DSP was disbanded and

replacedmaller Center for Analysis. This organization was to be an mterim intelligence organizationivilian-led national intelligence organization could be established. The DSP and its successor are significant. policy democratically-oriented intelligence service

This Report deals with ten alleged victims of human rights abuse by Guatemalan officials. Nine of these individuals were Americans-Peter Harper Wolfe, Nicholas Blake, Griffith Davis, Dianna Ortiz, Meredith Larson, Josh Zinner, Peter Tiscione, June Weinstock, and Daniel Callahan. One, Myma Mack,uatemalan citizen. Some of these individuals were reportedly attacked, abducted or tortured; others were murdered. The events in question began in Guatemala4 with the murder of Petereace Corps volunteer, and end with Danielexas filmmaker, who was attacked in

On, Peter Harpereace Corps volunteer, was shot to deathuatemala City street. Wolfe was reportedly working with citizens groups and the Guatemalan Government toational park system at the time. According to Wolfe's brother,uatemalan court released the two prime suspects in the murder just days after one of them confessed to the crime.

Nicholasournalist, and Griffithhotographer, were last seen alive on, near the community of El Llano, in northwestern Guatemala. Blake was plarming totoryebel force, the Guerrilla Army of

the Poor, that was active in the province of Huehuetenango. Davis was his photographer. Blake's family claims they were unable to determine what happened to their son for seven years due to resistance by officials of the Guatemalan Government. The Blake family reportedly undertook an investigation at its own expense, making approximatelyrips to Guatemala. In the course of the investigation, family members spoke with numerous officials who promised assistance but never responded. The family's investigation led to the recovery of the two men's remains inhe Guatemalan Government initially claimed the two men were killed by the guerrillas. Blake's relatives, however, claim that witnesses have told them that members of the local civil patrol, an arm of the Guatemalan military, considered the men to be guerrilla sympathizers and killed them.

Diartna Ortiz, an Ursuline nun, was staying in Antigua, Guatemala when she was reportedly abducted, raped and tortured onhe claims to haveigarette bums on her back and to have been loweredit with cadavers and rats. She reports to have been rescuedorture cell by someone she believes to be an American. The American, she says, told her he would take her to the residencefriend of the Americanhile riding in his vehicle, she says she was able to jump out and run for help. The man Ortiz claims to have rescued her has never been identified. Nor have the three Guatemalans who allegedly tortured her.

Meredith Larson and two other individuals were stabbed by unidentified assailants in Guatemala City. Larson and two other individuals-both Canadian citizens-were members of the Peace Brigades International (PBI) and were walking toward the Peace Brigades residence on the evening ofhen they were attacked. According to the Embassy, all three individuals were treatedocal hospital and released. The three victims believe that the attackeliberate attempt to frighten members of the PBI.

to the press,oshocialformer resident ofas workingchildren in Guatemala City when he was assaultedand draggedaiting car. The Guatemalanbut released the assailants, who were said toidentification.

Myrnauatemalan anthropologist, was stabbed to death onn Guatemala City. Mack had been researching issues affecting displaced persons in the Quiche and Huehuetenango Departments. She was working for the Guatemala City based Association for the Promotion of Social Studiesormer Army sergeant, who was assigned to the Presidential General Staffs Department of Presidential Security at the time of the killing, was convicted of the murder and was sentenced toears onor the murder. Helen Mack Chang, the victim's sister, hasrusader for justice in her sister's murder case. Helen Mack continues to press for identification of those she alleges ordered the surveillance and killing of her sister.

Peter Tiscione, also an anthropologist, initially conducted research in Guatemala6tudent at the State University of New York. He returned to Guatemala in2 to study Mayan pottery. Tiscione reportedly committed suicide in his Guatemala City hotel room on. He died of four wounds to his neck causedachete. The Guatemalan police concluded that Tiscione had committed suicide because the machete found at the scene had his fingerprints on it, his hotel room door had been locked from the inside at the time of his death, there were no apparent signstruggle or theft, and all blood samples found in the room matched Tiscione's. Tiscione suffered from manic depression and made calls to the Embassy just before his deatheed for medication.

On, Juneournalist and environmentalist from Fairbanks, Alaska, reportedlyoy's head after taking photographs of childrenarket in the

northeastern Guatemalan town of San Cristobal Verapaz.easant woman shouted that her son had disappeared, the crowd gathered and began to beat Weinslock. Weinstock was stripped, stoned, stabbed repeatedly, then left for dead. The crowd of Guatemalan citizens accused Weinstock ofhild for the purposes of extracting vital organs in support of organ trafficking in Guatemala. Army personnel arrived nearly six hours after the incident began, and police later took Weinstockospital. Her skull was partially destroyed and she has suffered brain damage. More thanuatemalans were reportedly arrested for the attack.

'Sky"exas filmmaker working ondetailing civil rights violations, was attacked twiceCity. The first attack occurred onhenhitatonuatemalan soldier whilein the main plaza in Guatemala City. The secondonhen attackers abducted and beat him.warned to leave Guatemala or "bad things" would happen

PROCEDURES AND RESOURCES

completion onf the first phaseInspector General's investigation into Agency activitiesten Investigators and two support personneltoecond phase. Four Investigatorsin this portion of the second phase. Approximatelyof Agency and non-Agency documents concerningreviewed. This included relevant DO and DI files, as well as

ind information Management Staff files and ice of Congressional Affairs files. Selected current and former CIA officials as wellormer Ambassador of Guatemala were interviewed. Nineteen current and former CIA officials, as wellormer Ambassador, were interviewed for this phase of the investigation. During the first phase,nterviewees were asked about their knowledge concerning the individuals under

review, with the exception of Myrna Mack and Daniel Callahan. At the time. Mack was not included in the IOB tasking and the Callahan incident had not occurred. Attempts were made to interview Ortiz, but they were unsuccessful.

QUESTIONS PRESENTED

What information was available to the CIA between4 andoncerning certain human rights abuses? How was that information handled? What do CIA personnel recall regarding that reporting?

Is there any evidence that CIA employees or assets were directly or indirectly involved in the deaths, disappearance or abuse of these individuals?

What are the facts and circumstances surrounding the Draft Cable from Guatemala City Station entitled 'Station Investigation of Human Rights Violations" in Guatemala, dated? What information did it contain that pertained to human rights abuses against Ortiz and Mack? Was the cable ever transmitted to Headquarters? What do individuals involved recall about the issue?

What were CIA's responsibilities for congressional notification concerning these matters? Was information regarding the fate of the. citizens and Mack shared with the congressional oversight committees?

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Chronology of Significant Events

2B

Harper Wolfe, Peace Corps volunteer, is shot and killeduatemala City street. Shortly afterward, two Guatemalan citizens are determined lo be guilty of the crime. Police suspect robbery wu the motive.

IM

29

ournalist, and Griffithhotographer, arc last seen alive near the community of El Llano, in northwestern Guatemala.

2

Ortiz, an Urauline nun, staying in Antigua. Guatemala, claims to have been abducted, raped and tortured. She report! to have been rescued theday by someone she believed to be an American because of his accent

4

departs Guatemala for

20

(.anion and two Canadians are stabbed by unidentified assailants in Guatemala City. Larson and the two Canadians are members of the Peace Brigades International.

IS

Minister of Interior Morales and the Guatemalan police conclude that Ortiz's kidnappingabrication.

unknown

ocial worker, reportedly is assaulted by gunmen and draggedaiting car. He is released when the Guatemalan police intervene.

11

uatemalan anthropologist, is stabbed to death In Guatemala City.

7

Mack Chang, Myma Mack's sister, tells the Embassy's Deputy Chief of Mission that she believes her sister was killed by someone close to,ember of, the Guatemalan security forces.

judgearrant lor the arrest of former Army Sergeant Noel de Jesus Beteta Alvarez for the murder of Myma Mack.

15

Station report ir.dicjtf"^ b*tanti*tcd Ortii'a claim that the was kidnapped^

29

it arrested in Los Angeles by the Lot Angeles Police Department.

30

Mack Chang's uncle, Auguslo Chang, is kidnapped in Guatemala.

4

i* returned to Guatemala but denies murdering Mack. Augusto Chang is freed unharmed by kidnappers.

10

family tells Ambassador Thomas Stroock of concerns for personal safety. Myma Mack's father state* he believes the kidnapping of Augusto Chang and the murder of his daughter arc linked.

17

to the Embassy, Blake family members recover the remains of Nicholas Blake and Griffith Davis. The Embassy <omments thai the two men were murdered by the civil patrol and not by guerrillas.

7

Stroock testifiesuatemalan court hearing on the alleged abduction and torture of Ortiz.

23

Tiscione dies of four wounds to the neck causede suffered from manic depression and had depleted his supply of medication. Guatemalan police rule theuicide.

12

de Jesus Beteta is convicted of Mack's murder and sentenced toears In prison for the crime.

29

Weinstotk is attackedob in the northeastern Guatemalan town of San Cristobal Verapaz. She was taking photographs of children andoung boy's head fust prior to the attack. She is critically injured and suffers brain damage.

10

Department cancels participation by Guatemalan military personnel in the International Military Education and Training programs in the VS. for the remainder5 due to concernack of progress on various human rights cases, including the Mack case.

12

court finds former Defense Minister Gramajo liable for authorizing the torture of Ortli. and others in Guatemala. Monetary damages awarded to the victimsillion.

12

Embassy reports that Guatemalan Chief Prosecutor Ramses Cuestas advises of his intent to proceed with the investigation into Wolfe's murder.

"Sky" Callahan is attacked twice in Guatemala City. He is hitoldieraton. Four days later he is abducted and assaulted.

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FINDINGS

What informationahable to the cia between January4 andoncerning certain human rights abuses? how was that information handled? what do cia personnel recall regarding that reporting?

The death of Peter Wolfe

Harpereace Corps volunteer, was shoton, in Guatemala City. At the time, heworking toational park system. BorisDiaz and Julio Cesar Gramajo Castillo were accused ofbut never brought to trial. Early on, the Embassy triedGuatemalan Officials to bring the accused individualsIn an attempt to better address the case, the EmbassyE. Lurssenuatemalan Attorney, to reviewhandling of the matter and render legalreview indicated that the police investigation waswere the legal proceedings that evaluated the evidence.reportingenewed interest in the case and thathad spoken with the Guatemalan Chief Prosecutorthe case records.

CIA Reporting

DO records included no information regardingearch of other Agency records revealed that the DI disseminated two items that appear to refer to Wolfe's murder.

atin America Brief. This editionidely disseminated Dl/Office of Current Production and Analytic Support periodic intelligence summary addressed increasing violence in Guatemala, among other topics, and suggested that the murderUS. Peace Corps volunteer" could be an attempt by leftists to embarrass the Guatemalan Government. Police suspected robbery as the motive. The perpetrators of the murder were not linked to any

political faction although previousindicated guerrillas were planning to increase terrorism. This Latin America brief was disseminated to, among others. State, Defense Intelligence Agency, Treasury Department,. military components.

anitized Terrorism Review. This extracted article was basedl/Office of Global Issues biweekly intelligence summary entitled Terrorismumber of recent killings in Guatemala were highlighted, including the finding. Peace Corps volunteer" onoliceoung Guatemalan for the crime. He indicated the killing was an accident. Although inconsistencies were found in the Guatemalan's story, political overtones were not apparent. The distribution of the extract is uncertain although it appears to have been forwarded to overseas stations.

CIA files contain no CIA reporting relating to Wolfe's death for the period from5 through

Other Reporting

records contain one Foreign Broadcast(FBIS) document andtate telegrams that werethe period of4 throughdetailed State's efforts to bring Boris Rene AcostaJulio Cesar Gramajo Castillo to trial for the Wolfe murder.included the hiring of private counsel andby various Guatemalan Government officials. Areport indicated that neither Acosta or Gramajo were broughtand that it was believed that Acosta had been killed in aaccident and that Gramajos ten. visa haddue to an outstanding arrest warrant.

BIS Report. The FBIS report summarized Havana International Service's transmission concerning the Wolfe deathorthern sector of Guatemala City. It indicated that the incident was confirmed by the Peace

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Corps but not. Embassy. Wolfe was reported to be the sixth person to dieightist deputy was shot to death.

December4 Embassy Telegram. The Embassy reported that Acosta was released from custody as police could noteapon or an eyewitness to the murder. The American Charge made it known to Guatemalan officials that the case should be handled in accordance with the law. The autopsy and investigative reports were not received by the Embassy.

4 Embassy Telegram. The Embassy advisedonversation with the judge who released Acosta. The judge advised that no one was present to represent Wolfe, the police were ill prepared, and there was not enough evidence to hold Acosta. The judgeeedormal accuser and stated that this could be done by the Embassyiplomatic note.

4 Embassy Telegram. The

Embassy advised that someone must formally accuse Rene Boris Acosta, who was free under court supervision. The Embassy sought guidance on whether it could make the accusation and asked for authorization touatemalan attorney.

4 Embassy Telegram. The Embassy reported on the textiplomatic note sent to the Foreign Ministry andack of information on the matter from the Guatemalan Government.

tate Telegram. The State Department in Washington authorized the hiring

of an attorney to address specific concerns. Previous telegrams reported the father of Wolfe's ex-girlfriend identified Acosta as the perpetrator. Acosta's mother also may be able to corroborate Acosta's culpability. The Department raised the question whether evidence existed to contradict Acosta's self defense alibi.

mbassy Telegram. The Embassyeeting with the President of the Supreme Court of Justice, Thomas Batres. The Embassy expressed concern relating to the release of Acosta. Justice Batres advised that the release was inappropriate and the first Judge was instructed toetention order. Separate and unconfirmed information from military sources indicated that Chief of Staff General Mejia had already ordered the rearrest of Acosta.

mbassy Telegram. The Embassyeeting with General Mejia in which it was stated that Guatemala's image was improving, as was its handling of human rights. Mejiaillingness to see justice served in the case but did not wish to become directly involved for fear of being accused of dictatorial actions concerning the judicial system. He suggested meeting with the President of the Supreme Court.

mbassy Telegram. The Embassyeeting with Foreign Minister Andrade. He suggested continued contact with the President of the Supreme Court. Andrade was reminded of consequences for failure to take appropriate action in the Wolfe case.

mbassy Telegram. The Embassy documented the Ambassador's contact with the President of the Supreme Court. The Ambassador was advised that the arrest of Acosta was ordered onhe State Department Regional Security Officer (RSO) confirmed that the police were searching for Acosta.

mbassy Telegram. The Embassyeeting with Foreign Minister Andrade. Andrade assured the Embassy that the necessary steps were being taken in the case and that the arrest order had been issued.

mbassy Telegram. The

Embassyummaryonfidential report prepared by the Embassy's attorney. It detailed the actions of the National Police and the judicial status of the case. Findings and recommendations were summarized as follows: The Embassy can be the accuser of Boris Rene Acosta Diaz and Julio Cesar Gramajo Castillo; the Wolfe family empowered the Embassyawyer to act; the prosecutor did not perform his duty at the initial hearing; the Foreign Ministry cannot be theiplomatic note will not resultrial; the investigation was started by the Department of Technical Investigations of the National Police but continued by Second Corps; the police nitemewedH

(who then

provJaecnruorrnation to identify the perpetrators; Acosta stated he committed the murderobbery; the police did not continue to gather evidence; and the accused denied the allegation in court.

4 Lmbassy Telegram. The

Embassy pointed out findings by its attorney. The attorney found consistent and gross deficiencies in the police investigation and in the magistrate's handling of the case.

5 Embassy Telegram. The

Embassy's attorneyrial could be held. Pertinent individuals were probably not interviewed as requested by the RSO. The police believed the arrest had ended the case. The Embassy lawyer found the police investigation deficientesult of discussions with Wolfe's friends. The Embassy was doubtful Wolfe would attack anyone. Acosta and Gramajo testified that they were elsewhere when Wolfe was killed.

5 Embassy Telegram. The Embassy provided details of its attorney's qualifications. The date of the murder was.

mbassy Telegram. The Embassy reported that, in the past year, one VS. citizen was killediolent act. However, the death of Wolferiminal act not related to terrorism.

mbassy Telegram. The Embassyeeting with Chief Prosecutor Ramses Cuestas. Cuestas advised of his intent to proceed with the investigation of Wolfe's murder, but he believed the entire case file had been burned. The Embassy suggestedopy might be obtained from the Peace Corps.

mbassy Telegram. The Embassy adviseden-year visa for Gramajo, originally issued on, was revoked. There is

still an outstanding warrant for his arrest. Acosta reportedly was killed7 motorcycle accident.

Personnel Recollections

IA personnel did not recall receiving anyithe death of Wolfe. They also stated

they did not have any direct knowledge relating to Wolfe or the circumstances that resulted in his death.

The deaths of Nicholas Blake and Griffith Davis

Nicholasyear-old freelance journalist from Philadelphia, Pennsylvania, and Griffithyear-old amateur photographer from Scranton, Pennsylvania who had resided in Guatemala for three years, were last seen on. At that time, they were walkingemote mountain area of El Quiche province, which isiles northwest of Guatemala City.

Blake and Davis traveled to the highlands toossible story regarding the Ejercito Guerrillero de los Pobreshe Guerrilla Army of the Poor. The EGP was one of four insurgent groups in Guatemala.

The Blake family investigation concluded that the two were detainedivilian Action Patrol (PAC) in Losistrict in Huehuetenango. The PACs are paramilitary groups comprised of civilians but are organized by the Army, which supervises their counterinsurgency operations. Three PAC members killed Blake and Davis for their possessions and because they were suspected of being guerrilla sympathizers.

Seven yearsilitary commissioner from the area came forward after being assured by Blake's family that no charges would be filed in return for the remains of Blake and Davis. He said that the bodies of the two men were moved from the site where they had been killed and were burned in order to conceal evidence of the crime. The remains of Davis and Blake were located and identified

lake's familyetition before the Inter-American Commission on Human Rights charging the Guatemalan Government with Blake's murderubsequent cover-up. The family alleged that the Guatemalan Government was legally responsible for the Blake and Davis deaths because the PAC was under its command. The Blake family continues to seek financial compensation from the Guatemalan Government.

CIA Reporting

DO reportmg regarding the Blake/Davis case ranges from5 until4 and consists of^^ptation Reports' andReports. Several Headquarters cables also appear in Agencynable to provide substantive information on the initial disappearance and deaths of Blake and Davis.

May5 Headquarters Cable. Headquarters requested that the Station checkfor any new developments or iru'ormanorlrelate^otru^ase.

tation Report. The Station reported that, onriend of Blake's who was the ownerotel in Antigua reported that heard from Blake through the Guatemalan postal system. The card indicated that Blake was alive and well. Onrivate investigator hired by the families of Blake and Davis reported that the friend burned the card for unspecified reasons.

According to the Station Report, Blake and Davis were last seen on Marchrn the village of Llano, El Quiche, near the Department of Huehuetenango in the western highlands of Guatemala. Despite warnings that there were EGP units in the area, Blake and Davis decided to continue on their own and on footoute that was not normally patrolled by the Army.

Onhe Commander of Military ZoneEl Quiche) met with relatives of Blake and Davis and pointed out that the EGP units in his area consisted mostly of Indians who did not speak Spanish and who were indoctrinated to believe that all foreigners were witting collaborators of the Guatemalan Government. Furthermore, the Commander noted that these EGP units would killamera orair of pants.

the

commander of Militaryfearnedthat, despite repeated efforts on the part of Army units to locate Blake and Davis, no additional information had been acquired concerning their whereabouts. NeitherH Guatemalan Army, nor the Station and Embassy were ableTo^tablish new leads that would shed light on the whereabouts of Blake and Davis.

eadquarters Cable.the Station that. Vice President had made afor an update of information on the disappearance ofwas requested that the Station queryj

(sources.

tation Report. The Station queriedanyBlake's fate.

ccording to the Station Report, members of the Blake family accused the Guatemalan Army of either having killed Blake or covering up his death. The Station uncovered no evidence of military involvement in Blake's disappearance.

he purpose of Blake's foray into El Quiche was to contact the EGP. Presumably, he expected similar treatment from them as he had received from the Salvadoran guerrillas. However, the guerrillas of the EGP were not the same sort of sophisticated, publicity-seeking types that he probably found among the Salvadoran insurgents. The Station reported that Blake and Davis chose their route into El Quiche deliberately to avoid the Army and they hiked into the middJe of an isolated EGP-controlled area for the specific purpose of contacting the EGP. It was likely that they were killed by the EGP. The Station commented that, for some unknown reason, Blake's brothers seemed unwiluhg to consider that the guerrillas were responsible for his death.

that the Guatemalan military waspressure Irom. Embassy on behalf of theAccordingthe Blake family was preparing

toase againstTiuaternaiain the Inter-American Court in an attempt to collect financial compensation for the lengthy search for Blake's remains and for the grief suffered by family members.

that. should not expect Guatemalan t

591

authorities to collaborate in the investigations of past incidents if they must fear that their efforts will be used against themuit against the Guatemalan Government Guatemalan authorities were in the process of retrieving four letters received from the Blake family and the Embassy expressing gratitude to Guatemalan Government officials for their cooperation in the Blake investigation. Guatemalan Government officials planned to use these letters in their defense of the Blake case.

60.

4 Intelligence Report. ThethatPresident De Leon and

theregard to the

emphasis being placed by. Government on the fateinsurgent Efrain Bamaca.the

Guatemalan Government understood completely the importance that. Government attached to the investigation of the extrajudicial killings. citizens Michael DeVine, Blake and Davis. However, the Guatemalans were baffled by the importance being attached to Bamaca, whouerrilla-terrorist Guatemalan,. citizen.

tation Report. Based on :.

from HeadquartersJ

conducted adraft cables related I

rights cases that thcsMtKmtria^Kit have forwarded to Headquarters.

contained no cables that were not torwarded to Headquarters. Other Reporting

IA receivedeports relating to Blake and Davis from the Guatemala Embassy, the Department of State, FBIS, and the Defense Attache Office (DAO).

tate Telegram. State reported that on Aprilriend of Davis reported to the Embassy that Blake and Davis had not returnediking trip in the Huehuetenango and El Quiche area of Guatemala. They were expected to return onrccording to the friend. Government military unitsearch of the area.

BIS Report FBISocal newspaper story that Blake and Davis disappeared onhile preparing to climb the Cuchumatanes Mountains, which servedideout for guerrilla groups fighting the Army. The twoeeting with the "Poor People's Guerrilla Army" (EGP).

BIS Report. FBIS summarized media comments on the disappearance of Blake and Davis. The Guatemalan President commented that the missing Americans could have been taken hostage by the guerrillas.

5 FBIS Report. FBIS summarized an article that reflected that the whereabouts of Blake and Davis, who disappearedonflict zone, were still unknown.

5 Embassy Telegram. The Embassy reported thai Ha security consultant hired by Davis^^amuy^'isited the Embassy on Mayo review recent developments in the case.

| said that onehone callemale caller who stated that Blake was well. Another source ohj Js.nd that he had sources in Managua who assured him that Blake was with the EGP and would be released circa July 1.

tate Telegram. State reported that Mark Clark, who was with Blake and Davis prior to their trip to the highlands, did not believe that the EGP or the Guatemalan Army would kill two Americans because both groups had enough internal organization and discipline to ensure that their members would not murder foreigners. Clark believed that the local militia killed Blake and Davis and hid the bodies.

mbassy Telegram. The Embassy reported on the issues likely to arise during President Cerezo's visit to. Cerezo was reminded that Senator Edward Kennedy and President Bush had expressed an interest in the investigation of the Blake/Davis case.

SEGftET

April0 State Telegram. Staleistory of the case: When it was learned on April5 that Blake and Davis were missing, the Embassy requested Guatemalan Government assistance. Army patrols were alerted and the Guatemalan Army followed upan search of the area. Embassy officers traveled to the area andeaflets into the area. Inmbassy officers returned to the area and interviewed former guerrillas who defected to the Government. Inn informant alleged that Blake and Davis were killed by members of the local civil patrol. The informant provided the names of seven men who participated in burying the bodies. Inhe Guatemalan Minister of Defense agreed with the Embassy that all seven men should be interviewed. Embassy officers were present when three of the men were interviewed and denied knowledge of the fate of Blake and Davis. The military zone commander planned to interview the other four witnesses by mid

mbassy Telegram. Embassy officers traveled to Huehuetenango to be present during the questioningivil patrol member who was allegedly involved in the disappearance of Blake and Davis. He initially denied any knowledge of the case but later admitted that he had heard of the disappearance and discussed the matter with other civil patrol commanders.

0 Embassy Telegram. An Embassy officer accompanied Blake family members to Huehuetenango, where they met the zone commander. The Embassy officer spokeivil patrol member who allegedly was involved in the

murders bul denied any knowledge of the disappearance of Blake and Davis.

mbassy Telegram. The Embassy reported that Blake family members, accompanied by forensic anthropologists and others, recovered teeth and bonesite. The Embassy commented that there was no doubt that Blake and Davis were murdered by the civil patrol, and not the guerrillas as was originallyrother of Blake's believed that they were killed on orders from the military zone commander, although there was no evidence to support his belief. The Blake brothers stated that the family would keep its promise not to seek indictment of the guilty parties.

mbassy Telegram. The Embassy reported that the remains of Blake were positively identifiedmithsonian medical anthropologist.

2 Embassy Telegram. The Embassy reported that the remains of Davis and Blake were located in March and June, respectively. Blake's brotheretter to the Ambassador and included new allegations that Guatemalan military officers may have ordered the execution of Blake and Davis. The Embassy requested that the Chief of the Guatemalan Army investigate the allegations.

AO Report The DAO reported that Blake's brother alleged that Army Lt Col. Terraza Pinot was in the same highland village in Huehuetenango as Blake and Davis on the day that the two were murderedivil patrol from that area. The Blake brother alleged

that the leadership of the military zone of Huehuetenango, including Lt. Col. Terraza Pinot, may have ordered the civil patrollers to carry out the killings and then participated in the cover-up.

tate Telegram. Stateomplaint filed by Blake's brothers before the Inter-American Commission on Human Rights. The complaint sought several remedies,eclaration that the Guatemalan Government violated the American Convention on Human Rights when membersivil patrol killed Blake and Davis, and that it had failed to investigate the killings and prosecute those responsible. The Blake family requested that the Embassy communicate to the Guatemalan Government the family's willingness to discuss settlement directly with the Guatemalan Government.

3 DAO Report. The DAO reported that,ocialAO officer explained to the Guatemalan Army Chief of Staff that no civil defense patrol members had been arrested for the murders of Blake and Davis, and the Army was being accused of covering up the involvement of the civil defense patrol members in the case. The Chief of Staff agreed that the Army should try to make some progress in this investigation.

5 Embassy Telegram. The Embassy reportedeeting that Ambassador Marilyn McAfee had with the Minister of Defense, who offered little hope of any new action or breakthrough on the Blake/Davis case. The Blake family requested an indemnification0 from the Guatemalan Government. The family's

sworn statements to the civil defense patrol members that no criminal charges would be pursued in return for locating the remains of Blake and Davis made it very difficult to pursue judicial proceedings against the patrol members.

mbassy Telegram. The Embassy summarized the resultseeting that the Deputy Chief of Mission (DCM) had with the Chief of the Presidential Military Staff on human rights cases. The DCM said that those involved in the murder of Blake and Davis by the El Llano civil patrol of Huehuetenango should be punished.

Personnel Recollections

personnel indicated they had no additionalto the deaths of Blake and Davis.

THE ALLEGED ABDUCTION AND ABUSE OF SISTER DlANNA ORTTZ

Ortiz resided in Guatemala for two yearsindigenous children in Huehuetenango. On Novembershe traveled to Antigua toeligious retreat atBelen. According to Ortiz, while in the back yard ofBelen onwo men, one brandishing akidnapped and forced her to accompany them by busThere they were met by two menolice car. Sheinto the police car and drivenuilding wherewas tortured. She was then thrownit withvictims, some already dead.ubsequentan individual by the name of Alejandro appeared onand ordered that Ortiz be released because she wasWhile being transported to someone Alejandro said wasof the Americanhe escaped from themoneyemale passerby, andublic bus toagency. She then contacted the Maryknoll priests who came

for her. Ortiz visited the Papal Nuncio and departed Guatemala for. on

he Station and Embassy reported on the Ortiz case from9 untilespite. and Guatemalan Government interest over the years, the case remains unsolved. As early ashe Embassy reported that Ortiz's statements regarding the incident were inconsistent and contradictory. She was criticized for being uncooperative with Guatemalan authorities, and this hampered the investigation other alleged kidnapping.he Guatemalan Government concluded that the reported kidnapping of Ortiz was fabricated. At that time, the Embassy was not optimisticesolution of the case and determined that the case was inconclusive.

rtiz's attorney filed suit in. against former Minister of Defense General Hector Alejandro Gramajo Morales.

Government reopened the investigation1 based on pressure fromut Ortiz continued to be uncooperative and unresponsive to questioning. Her visits to Guatemala12 to re-enact the kidnapping were unsuccessful because Ortiz provided little information to assist in the investigation. Her allegations about the kidnapping, rape and torture continued to be vague.

. special investigator. special prosecutor independently reached the conclusion that inconsistencies in Ortiz's statements made it impossible to determine who may have committed the acts against her. Both also indicated doubt regarding Ortiz's version of events. Ortiz returned to Guatemala again3 and identifiedolice officers who resembled her captors. The Guatemalan Government pursued the leads in an investigation but was unable toositive identification of the abductors.

visited Guatemala twiceowever,did not progress becauseack ofederal judge in Massachusetts decided in favor ofothers in their law suit against General Gramajo. Thebased on the grounds that, as Minister of Defense at the timeOrtiz kidnapping, he authorized theillionto Ortiz and eight Guatemalans residing inuman rights violations by the Guatemalans. As ofno payment had actually been made to any of the plamtiffs.

CIA Reporting

The Ortiz matter was handled primarily by the Embassy's American Citizen Services Section. CIA referring on the case consisted of six Station Reports and four Intelligence Reports. With one exception, information originated by CIA refutes Ortiz's claim that she was kidnapped, raped and tortured by Guatemalan Government officials. The only report that substantiates Ortiz's claimraft cable, dated, that was found in Station files.

9 station Report The COS met with the Minister of Defense onhe Minister of Defense noted that the police had requested and been denied an interview with Ortiz.udicial order had been obtained so that Ortiz would be forced to speak to them. The Minister of Defense said that the US. could not have it both ways by complaining that the Guatemalan Government does not follow legal precepts and then, when it does, ask that it not do so. The COS agreed, but noted that the religious personnel involved in the case had better access to the VS. press than did the Guatemalan Government. To pursue the matter in Guatemala would lead to even more unfavorable publicity. The Minister of Defense recommended that the COS speak to the Chief of Police, who agreed to let the matter pass.

SF-/RFT

leftist guerrillas and this led to her arrest. He said that Ortiz waskidnapped as she claimed, probably byfficeith headquarters in Chimaltenango.that Ortiz was probably not raped orclaimed, since women were not usually sexually molestedcaptors would have killed her had she been subjected toWomen were sometimes drugged and thenthem disoriented and unable to recall what happenedThis may, accordinghave been the case

withv unable to provide further

details about Ortiz, hewasclearnistating that she, in fact, was kidnapped.

his draft cable contained additional information about alleged human rights violations in Guatemala. There is no indication the cable was ever forwarded to Headquarters.

ntelligence Report.|_

T

it Guatemalan President Serrano dismissea tormer er of Defense General Luis Enrique Mendoza Garcia due to Mendozas continued blocking of the investigations of several human rights cases, including the assault on Ortiz. Serrano hoped thatismissal eventually would help alleviate international pressure on Guatemala regarding the military and human rights issues.

he Station sent the information to Headquarters onnd it was disseminated| ono:

U.S. Embassy, Guatemala; NSA;

State, INR; DIA; Treasury;

White House Situation Room; and USCINCSO.

tation Report. This report noted thatwas not involved in Ortiz's current visit to Guatemala.reconstruct the alleged abduction, torture and rape wereOrtiz became ill. She was scheduled to departhe Embassy individual with the most knowledge ofwas the political officer who handled the initial report ofand the Embassy follow-up. The case was beingby the Embassy's American Citizen Services Section.report contained the political officer's summary of theincluded information providedwho

were directly involved in the Guatemalan Government's investigation of the case.

79.

extensive investigation was undertaken to attempt to tdentif >olice officers allegedly involved in the kidnapping.

no evidence was touna to support le story toia Dy uraz. upon cdmpletion of the investigation, the investigators were convinced that Ortiz invented the story and that senior officials of the Roman Catholic hierarchy in Guatemala collaborated in turning the alleged incidentolitical cause.

he Station report commented that neither the Station nor the Embassy found Ortiz's story credible. There were too many contradictions of fact, refusals to cooperate with law enforcement investigators, and convenient fainting spells when direct questions were asked about events.

his Station report contained no reference to the information confirming Ortiz's story contained in the1 draft Station cable prepared by Station!

claimed that, two days before Ortiz left her post in Huehuetenango latewo guerrillas were captured near San Miguel Acatan. The two guerrillas had only one carbine and one round of ammunition between them. They were transported to the military zone in Huehuetenango and interrogated. They told military authorities that they had not eaten in three days and that they were waiting for Ortiz to bring them food and ammunition. No other information was provided in the Station report.

ntelligence Report.

I cast further doubt on Ortiz's story. I

said tne tonner site of the Guatemalan Military Academy could n< possibly have been the location, as alleged by Ortiz, where she was

SEpRET

detained and physically and sexually assaulted by members of an unidentified Guatemalan Government security force.

that the Guatemalan Military

Academ^wastneTocarionoff the GuatemalanGeneral Staff2 until5 whenof the building and the site was turned over toAffairs) of the General Staff.said thathad detention cells locatedcSverteoHaunary atbut that these detention cells were dismantled inwhenoved out of the building. Furthermore,

"Jsaid that there had not been either an intelligence

service or any tacility for holding persons at the Academy since then.

that Ortiz may have been

shown thesTteo^ersons interested in assisting her in fortifyingagainst the Guatemalan Government and who wouldthe site was formerly associated with governmentThe Station sent this information tond it wason

U.s. Embass

o:

State, INR DIA

Intelligence units of the Army, Navy, Marine Corps,

and Air Force; Treasury Department; White House Situation Room; DOE; and USCINCSO.

tationOrtiz faDTKatecnuTrsFory as

uatemalan National Revolutionary Union (URNC)-directed effort to force an end toj

of Ortiz's

xplained thatjournalist adhe learned from

URNG sources that the Ortizstor^uicjTeen fabricated by thethat it was intended to forceariendtoB^^MMfundmgsecurity services.could not

recall the name or nationality of the foreign journalist, or recall when or where the meeting between the journalistook place-

Station comment noted that three separatethe Ortiz case made her story appearOrtiz claimed that the site where she was held and torturedwas the old Military Academy thatoved out ofreportedly completely dismantling the holding facility.submitted to the Guatemalan courts an affidavit from adoctor attesting that the doctor had seen the allegedcigarette burns on Ortiz's back. However, Ortiz refuseda Guatemalan court-appointed doctor to verify theOrtiz claimed, that during heraucasianmale identified as "Alejandro" by her kidnapperssite and spoke with her. Ortiz claimed that this same maleof her and told her that he would drive her tofriendNorth Americanccording to the Station, thisOrtiz's statement appeared to be an attempt to force theOrtiz was kidnapped andGuah^malanwith which officer must have been aware of her kidnapping and torture.

4 Intelligence Report. According toearl)

has never operated "clandestine prisons" to hold political prisoners as claimed by the URNG and itssaid that captured guerrillas were held at military zone headquarters andacilities, but that calling these "clandestine prisons" appeared to be an intentional exaggeration and misrepresentation on the part of the URNG. The holding cells located in the old Military Academy, whereas formerly housed, were used to hold persons whileebriefed them.ompletely dismantled the cells whenelocated from that site.

tation comment included in the Report stated that Ortiz's claim that she was held and tortured at the site of the old Military Academy was viewed as proof by the Guatemalans thai Ortiz fabricated her claim to have been kidnapped and tortured. The Guatemalans believed she must have been told what to say by the URNG or its supporters.

his information was sent to Headquarters onnd was disseminatet ono:

NSA; State, INR; DIA;

Intelligence units of the Army, Navy, Marine Corps,

and Air Force; Treasury Department; White House Situation Room; and USCINCSO.

SKcxirr

tation Report. Ambassadorsaid that she hadall

tate GuatemalanaesR officer who had been contactedOrtiz mquired about an alleged "Media Managementas reported in the "Central America

told McAfee that this was probably theThe Media" course given1

Novembersproviding this special follow-

up course at thehe course provided trainingroad segment of Guatemalan officials within the context of Incident Management.

Although there was no suggestion that Gramajo personally tortured Ortiz or the others, he was sued on the grounds that, as Minister of

Other Reporting

IA records containedeports dealing with Ortiz. These included FBIS reporting. Embassy telegrams and Defense Attache Reports. They are summarized as follows:

November9 FBIS Report. According to the press, Guatemalan Archbishop Prospero Penados del Barrio reported the kidnapping of Dianna0 year old nun from Colorado. Ortiz was reported kidnapped on9 in Antigua, Guatemala, where she waseminar with other nuns.

9 Embassy Telegram-Ambassador Stroock reported Ortiz was taken to the home of the Papal Nuncio. Stroock visited the home and noted Ortiz had large bruises/scrapes on her left cheek. According to the Nuncio, she also had burns on her back. Stroock noted that Ortiz looked traumatized.

9 DIAefense Intelligence Summary reported that Archbishop Prospero Penados del Barrio announced the kidnapping of Dianna Ortiz on

9 Embassy Telegram, Stroock reported he made another attempt to visit Ortiz onut was not allowed to see her.

9 Embassy Telegram. The

Embassy suggested press guidance for the State Department based on available details regarding what happened to Ortiz. The guidance stated that Ortiz appeared to have been physically mistreated. However, she declined to provide details. Embassy officers attempted to meet with her on

si-xyi!

four occasions lo learn what had happened, but were unsuccessful.

9 Embassy Telegram. Because of interesteparate kidnapping in Mexico, the Guatemala City Embassy provided details to. Embassy in Mexico regarding Oritz's kidnapping, release and departure from Guatemala.

9 Embassy Telegram. The Embassy reported that the story released by the Archbishop surrounding the alleged disappearance and subsequent reappearance of Ortiz contradicted in important ways the story initially told to the Ambassador and Embassy officers. The Embassy noted that Ortiz's refusal to speak. representatives, either in Guatemala ornd the insistence on maximum publicity by those around her, led the Embassy to question the motives and timing behind the story. Stroockull investigation by. law enforcement agencies.

9 FBIS Report According to the Guatemalan press, the Guatemalan Government denied the existence of the "secret jails" denounced by Ortiz. The press reported that Ortiz was kidnapped, raped, tortured, and held by three men forours.

BIS Report According to the Guatemalan press, former Guatemalan Interior

. Minister Valle described Ortiz's account of her kidnapping as "surprising andalle noted that, if state security forces were responsible for the crime, they would never haveublic bus to transport the nun from Antigua to Mixco, as

she claimed. He also criticized Ortiz's failure to provide Guatemalan authorities with information so that they could investigate the incident.

mbassy Telegram. The Embassy reported on continued Guatemalan Government, church and local press reaction to Ortiz's kidnapping and torture story. On Novemberuatemalan President Cerezo said he doubted Ortiz's story. On the same day, an Army captain in the Presidential Guard charged with mvestigating Ortiz's case said he wasead end. The Papal Nuncio told Stroock for the first time that Ortiz was visited and treatedoctor before she left Guatemala.

mbassy Telegram. The Embassy reported that the Guatemalan Mutual Support Group had linked the United States with the kidnapping of Ortiz. The link was based on Ortiz's testimony that one of her alleged kidnappers mentionedriend in. Embassy."

mbassy Telegram. The Embassyopy of the police investigation report of the alleged torture and kidnapping of Ortiz. The report, according to the Embassy, stated that all the bus drivers who drove on the Antigua-Mixco route were interviewed but none of them remembered any woman matching Ortiz's description boarding the bus.

9 Embassy Telegram. Stroock met with two American Maryknoll priests to attempt to overcome religious community suspicion and antipathy toward the US. Embassy. Both priests recounted numerous past atrocities

speREr

against villagers and priests that they attributed to the Guatemalan Army. Neither priest accepted the general proposition that the human rights situation had improvedivilian government.

tate Telegram. State Department issued its Central American update for November and noted that the Ortiz case haduror among religious and human rights groups in. It noted that the case may lead to renewed attempts in Congress to restrict assistance to Guatemala.

BI Report. The FBI reported to CIA, DoJ, State, Panama City, and two FBI field offices on the kidnapping of Ortiz. The FBI report provided no new information.

mbassy Telegram. The Embassy reported that the investigation of the alleged kidnapping of Ortiz was stalled in an Antigua court. The presiding judge had prepared letters requesting that the. authoritieswom statement from Ortiz and require that shehysical examination.

0 Embassy Telegram. The

Embassy reporteduatemalan dermatologist told Embassy officers that he had examined Ortiz on9 and treated her for minor facial lacerations and bums on her back. The dermatologist stated that there could have been as manyesions or bums on her back. He explained that there were no follow-up visits because Ortiz left Guatemala for. the next day.

0 State Telegram. The State Department issued its final version of9 Human Rights Report for Guatemala. The report mentioned that the alleged torture case of Dianna Ortiz was under investigation. It also noted that the Guatemalan Government opened an investigation into the case and requested additional information from Ortiz. However, Ortiz did not accede to the request and the perpetrators remained unidentified.

mbassy Telegram. The Embassy reported that Guatemalan Minister of Interior Carlos Morales Villatoro told reportersress conference that he believed the Ortiz incidentorales criticized Ortiz and another recent kidnap victim for fleeing Guatemala without presenting their cases before the appropriate authorities. The Embassy commented that Morales expressed the conception held by many Guatemalans that Ortiz fabricated the entire incident

0 Embassy Telegram. The Guatemalan National Policeooklet to the Embassyeport on Investigations of Human Rights Related Cases in Guatemala:" The Embassy commented that the booklet's discussion of the Ortiz case provided information already known, with the exception of the claimsychiatrist had asked Ortiz to go to the retreat in Antigua. This claim, according to the Embassy, was consistent with public statements by Morales that there were "certain aspects of Ortiz's life that he does not wish to make public."

mbassy Telegram. The Embassy reported that Minister of Interior Morales and the police concluded that the reported kidnapping of Ortizake. It also stated that one of the local newspapersaid advertisement from the conference of religious persons of Guatemala that disputed Morales's statement that Ortiz did not tell the truth.

0 Embassy Telegram. The Embassy reported that Ortiz's attorney, Paul Soreff, told Stroock that he wouldetter to the public stating that neither he nor Ortiz accuses any employee of. Embassy of participating in her abduction and torture. The Embassy commented that it was not optimisticefinitive resolution of Ortiz's case. Ortiz's physical and emotional states were said to be too fragile to allow her to be interviewed by anyone other than her closest colleagues.

0 Embassy Telegram. The Embassy reported that Ortiz's attorney Soreff told Minister Morales that he was outraged by statements that Ortiz was involvedorales told Soreff that as far as he was concerned the investigation was over and that itorales stated that the burden was now on Ortiz to make her case.

mbassy Telegram. According to the Embassy, Soreff told Stroock that Guatemalan President Cerezo agreed topecial Commission to examine the Ortiz case. Soreff and other memberselegation visiting Guatemala to discuss the Ortiz case accused the Embassy of bias and of spreading misinformation about Ortiz.

0 State Telegram. The State Department reported that Soreff met with State officials in Washington and requested that they press for the establishmentuatemalan Special Commission to investigate the Ortiz case. Soreffetter be sent to President Cerezo mdicating. considered resolution of the Ortiz case to be important.

mbassy Telegram. The Embassy reported that President Cerezo told Stroock that he believed the Special Commission should investigate and resolve the Ortiz case.

mbassy Telegram. The

0 Country Human Rights Report stated that no progress was made in the Ortiz case. It reportedolice investigation and official statements cast doubt on Ortiz's claim that she was abducted and tortured by security forces. The Report noted that, despite many requests, Ortiz had not provided further information to Guatemalan or US. officials, and the case remained openack of informationerious investigation.

mbassy Telegram. The Embassy reported that itepresentative of the State Department in Washington meeting with Ortiz. It stressed thateetinglawyers stunt" meant to blunt criticism of Ortiz's year long refusal to talk to FBI investigators.

0 Embassy Telegram. Soreff told Stroock that he wanted the commission to look into the Ortiz case to be formed and operating as President Cerezo had promised. Soreff told Stroock that Cerezo refused to meet with him.

SE

According to Ursuline head Sister, Francis Wilhem, Ortiz began to remember more details about her alleged kidnapping and torture. Ortiz, according to Wilhem, said thai she now remembers that she was repeatedly raped, that rats were dropped on her, and that wine was poured on the cigarette bums on her back and dogs were brought in to lick the wine off. The Embassy commented that the Ortiz case is inconclusive and will remain so until she is willing to come forward and answer questions.

mbassy Telegram. According to the Embassy, Sister Wilhelmress release that stated that the Guatemalan military and police were responsible for the kidnapping and torture of Dianna Ortiz.esult, they chose not tohorough investigation of this case, instead calling herself-kidnapping."

mbassy Telegram. The

Embassy reported that the Ortiz case was being given extensive local publicity andubject in local electoral politics.

ress Report The local Guatemalan press reported that President Cerezoormal commitmentroup. legislators to allow Ortiz to take part in the investigation to ascertain who kidnapped and raped her.

mbassyelegation representing Ortiz concluded its visit to Guatemala. The grouptatement askinguatemalan Presidential Commission meet before the end of February, or the Ortiz case would

be referred to international public opinion and the world press.

1 Embassy Telegram. The Embassy's1 Human Rights Summary for Guatemala noted that Guatemalan President Serrano, despite earlier promises, announced he would notommission to investigate Ortiz's allegations.

mbassy Telegram. The Embassy reported that it polled every US. and foreign service national employee at the mission and did not find anyone who matched the description of "Alejandro" that had been provided by Ortiz.

1 Embassy Telegram. The Embassytandard reply letter to be used regarding the Ortiz case. The letter provided details on Ortiz and the Embassy's involvement in the case.

tate Telegram. State Department transmitted euidanceon responding to Specialto discuss the Ortiz case witnhrnDassy officers. The Department requested that the Embassy contact Ortiz's attorneyo submit his request in writing.

1 Embassy Telegram. The Embassy reportedeligious legal delegation told Stroock that the Guatemalan Government was now serious about mvestigating Ortiz's case. Members of the delegation noted that Ortiz's suit against former Defense Minister General Gramajo was the result of Gramajo's continuing allegation that Ortiz's ordeal was the resultesbian affair gone bad.

61/

r

1 Embassy Telegram. The Embassy issued its Human Rights Report for1 statingecent delegation led by Soreff was pleased with President Serrano's decision topecial investigator and prosecutor to examine Ortiz's case.

BIS Report Onhe Guatemalan press reported that former Guatemalan President Cerezo said that he was aware of security forces involvement in the abduction and torture of Ortiz. However, the Embassy reported that when the Deputy Chief of Mission spoke with Cerezo, he denied that he ever saidhing.

mbassy Telegram. The Embassy reported that Ortiz refused to meet with Specialho was investigating Ortiz's case on behalloitne Guatemalan Government.

mbassy Telegram. The Embassy reported in its1 Human Rights Report that the Guatemalan Attorney Generalpecial prosecutor and an investigator to examine the Ortiz case.

mbassy Telegram. The

Embassy reported that retired General Gramajo called the suit filed by the Center for Constitutionalolitical maneuver and stated that "nobody believes the Ortiz story."

mbassy Telegram. Guatemalan Special Prosecutor Linares explained to Stroock that he would not travel to Kentucky to interview Ortiz because he felt uneasy about the

terms of the interview. He noted that he urged Deputy Ombudsman Morales de Sierra to go instead.

1 Embassy Telegram. The Embassyopyemorandum from Deputy Ombudsman Morales de Sierra to Ombudsman De Leon describing Morales's attempt to interview Ortiz in Kentucky. Ortiz, according to the memorandum, was not cooperative and would not respond to questions.

mbassy Telegram. Unknown assailants fired several shots at the home of the Deputy Human Rights Ombudsman who was working on the Ortiz case.

2 State Telegram. State's final version of the1 Human Rights Report for Guatemala mentioned the Ortiz case as oneumber of human rights cases that remained unsolved.

2 Embassy Telegram. The Embassy reported that Human Rights Ombudsman De Leon saw some improvement in Guatemala's overall human rights situation. De Leon stated he believed the Archbishop had gone beyond the evidence in his statements about Ortiz.

2 Embassy Telegram. Stroock reported on plans for an Ortiz visit to Guatemala.

mbassy Telegram. The

Embassy reported on Ortiz's upcoming visit to Guatemala and her availability for an investigative interview. Special Prosecutor Linares calledomplete investigation into Ortiz's case and stated

that her judicial statements were essential to clarify inconsistencies in the facts.

mbassy Telegram. The Embassy reported on Stroock's meetinguman Rights Ombudsman De Leon. Stroock told De Leon that Ortiz planned to visit Guatemaland would stay at his residence.

BIS Report FBISranscript of Presidential Secretary General Orellana's statement on Ortiz's return to Guatemala.

mbassy Telegram. The Embassy reported that Ortiz's visit to Guatemala provided little, if any, new information to enable the Guatemalan Government to investigate her case and bring the perpetrators to justice. The Embassy indicated that Ortiz's advisor carefully controlled her time and she was not exposed to any risk of contradicting herself or providing additional testimony that might have cast doubt on her version of events concerning the kidnapping.

mbassyuatemalan official told Deputy Assistant Secretary Joseph Sullivan that Ortiz's allegations about the rape, torture, and kidnap were vague. He stated his belief that the case was being manipulated politically and would be very difficult to resolve.

mbassy Telegram. The Embassy proyidec^^urnmary of Ortiz'sinI Hiccording to

the IJrfflfisy^tated that mconsistenaes in Ortus statements made it impossible to determine who may have committed acts against her. Both the

Special Prosecutor and Judge Secaira doubted Ortiz's version of events.

tate Telegram. The State Departmentimited waiver of diplomatic immunity to permit Stroock to provide answers to questions concerning the Ortiz caseuatemalan court hearing.

4mbassy Telegram. The Embassyist of questions from Judge Secaira that Stroock was to answer at the court hearing on the Ortiz case.

mbassy Telegram. The Embassy reported that the Guatemalan Human Rights Commission report describedpecial prosecutor in Ortiz case.

2 Embassy Telegram. The Embassy reported Stroock's responses to Judge Secairo's questions at the Ortiz hearing.

2 Embassy Telegram. The Embassy reported that Monsignor Flores told Stroock that he doubted Ortiz's story.

2 Embassy Telegram. Stroock reportedeeting with Oritz's attorneys where he requested theysting of actions they would like the Guatemalan Government to take in the case. Stroock stated he would continue to press for resolution of the case.

2 Embassy Telegram. The Embassy reported on Stroock's testimony to the Guatemalan court on the alleged abduction and torture of Ortiz.

ECR*ET

mbassy Telegram. The Embassy reported that judge Secaira had been unexpectedly transferred.

, Embassy Telegram. The Embassy stated that Stroock requested that President Serrano respondetter from Attorney Shawn Roberts who was now representing Ortiz.

mbassy Telegram. The Embassy reported that Human Rights Ombudsman De Leon Carpio told the Deputy Chief of Mission that Ortiz's story was very confused and she was not cooperative in efforts to resolve the case.

mbassy Telegram. The Embassy transmitted its Human Rights Summary forhe summary stated that Judge Secaira resigned from the Ortiz caseesult of her transfer outside of the capital.

mbassy Telegram. The

Embassy reported Ortiz's psychological health was improving and she planned to return to Guatemala.

3 Embassy Telegram. The Embassy reported on Ortiz's plan to return to Guatemala to complete judicial procedures, and of the Embassy's plan to assist in the visit.

mbassy Telegram. The Embassy reported Ortiz's return to Guatemala on Marcho complete judicial procedures. It also reported that she identified ten policemen who resembled her captors.

3 Embassyuatemalan Ministry of Foreign Affairs (MFA) note to the Embassy requests names. personnel collaborating with Guatemalan Security Forces in October and

tate Telegram. The State Department disagreed with the Embassy response to the MFA inquiry and stated that it was unclear what the MFA means by theollarx>raung."

3 Embassy Telegram. The Embassyifferent response to MFA and it was approved by the State Department.

mbassy Telegram. Ambassador McAfee met with the Guatemalan Foreign Minister and provided Iximetter from the Senate Appropriations Committee that requested information and authorization to access military installations in connection with the Ortiz case.

mbassy Telegram. The Embassy reported McAfee met with Bishop Gerardi who stated that, because of intransigence by the armed forces, his office considered closing the Ortiz case. Gerardi believed Ortiz was being excessively manipulated by her advisers.

mbassy Telegram. McAfee met with Bamaca's American spouse, Jennifer Harbury, Ortiz and members of the Blake family.

mbassy Telegram. The Embassy reported that former National Police Director Cifuentes stated he surmised Ortiz was abused by soldiers. Cifuentes promised to review the Ortiz

case file andtrategy for continuing the investigation.

4 Embassy Telegram. The Embassy reported McAfee met with Ortiz and two other members of "Coalition Missing" to discuss the Harbury/Bamaca case.

4 Embassy Telegram. The Embassy reported Ortiz met with McAfee and expressed concern that officials in the Guatemalan Governmentindictive attitude toward Harbury.

mbassy Telegram. The

Embassy reported that Assistant Secretary John Shattuck and McAfee met with Prosecutor Ramses Cuestas. Cuestas stated the Ortiz case was stalled due to an inability touspect in the abduction. Cuestas said he hopedesolution of the case in four to five months.

mbassy Telegram. The

Embassy issued its Human Rights Reporthe report mentions that Ortiz returned to Guatemala in January and November to press authorities to take action on her case.

BIS Cable. An FBIS cable from Panama Cityranscript of Gramajo's interview afterillion judgment against himS. judge.

mbassy Telegram. The Embassy reported MINUGUA (the UN Human Rights Verification Commission) Director Leonardo Franco stated former Minister Gramajo requested intercession toublic statement from the

Embassy that Ortiz was permitted to leave Guatemalaesult of former Ambassador Stroock's intervention.

4 Embassy Telegram. The Embassy reported that Gramajo stated he expected to run for President and expressed concern over the Ortiz lawsuit.

Personnel Recollections

gency personnel who were knowledgeable of the Ortiz case recall the inconsistencies and contradictions in Ortiz's various

ccording to former Ambassador Stroock, Ortiz suffered some form of trauma. However, her story and the alleged connection to the Embassy did not withstand scmtiny.

The stabbing of Meredith Larson

Larsonorthern Virginia native whoby two men in Guatemala City onto her residence. At the time of the attack, she wasof the Peace Brigades International (PBI) andby two other PBI members. All threenon-lethal wounds and received medical attention.

CIA Reporting

records do not contain anyrelating to Larson or the stabbing incident.

Other Reporting

records contained two reports dealing withincluded two Embassy telegrams. They are summarized

mbassy Telegram. The

Embassy indicated that the local PBI and Canadian Embassy reported the stabbing. Larson and two Canadian citizens were attacked by two knife wielding men in downtown Guatemala City. Larson was reported to have been hospitalized overnight and the Consul was to meet with her.

mbassy Telegram. An

Embassy telegram documented contact with Larson onarson indicated she and two other PBI members were walking within one block of the group's residence when they were stabbed. The attackers did not speak nor attempt to rob the three. Larson fled to the PBI's residence and subsequently received medical attention for wounds to her left arm, breast and chest. The victims believed the attackeliberate

attempt to frighten PBI members. This incident was reported to have followed9 death threats and an9 grenade attack directed at their residence. The Embassy contacted the Director of the National Police to urge an immediate and thorough investigation.

Personnel Recollections

o CIA personnel had direct knowledge relating to Larson or the circumstances surrounding her stabbing.

The assault upon Josh Ztnner

to the press, Joshocial workerresident ofas working within Guatemala Citye was assaulted bydraggedaiting car. The Guatemalanbut released the assailants who were said toidentification.

CIA Reporting

records contain no information pertaining

Other Reporting

records contained two reports dealing withincluded two Embassy telegrams. They are summarized

. 4 Embassy Telegram. Guatemala Embassy summarized Ambassador McAfees meeting with members of "Coalitionn organization. citizens who identify themselves as affected by official and right-wing

violence in Guatemala. Zinner was present at the meeting. The visitors argued in favor of imposing trade sanctions against Guatemala in order to induce the Guatemalan Government to cooperate in the Bamaca investigation.

4 Embassy Telegram. Guatemala Embassy summarized Ambassador McAfee's meeting with supporters, mcluding Zinner, of Harbury's hunger strike. Zinner stated that the Government of Guatemala harassed Harbury by providing little advance notice of Bamaca's pending exhumation.

Personnel Recollections

o Agency personnel had direct knowledge of the Zinner

case.

The death ofMyrna Mack

uatemalan anthropologist, wasdeath in Guatemala City on. At the time,workingocial and anthropological researchissues that concerned displaced persons.was that her death resultedobbery.Helen Mack Chang, has alleged persistently that theperpetrated by members of the Guatemalan SecurityMack has regularly. assistance in pursuingof the crime and also senior Guatemalanwhom she alleges were involved in the murder.

De Jesus Betetaormer Armyto the Presidential General Staff, was accused ofthe murder. Through the efforts of. Embassyhe was returned from California to stand trial.legal proceedings relating to Beteta and numerous efforts

SECrf^ET

to hold other individuals accountable have been riddled with conflicting factual, political and personal divisions.

eteta was initially believed to haveand injury so serious that he could not have stabbed Mack. Subsequently, the police officer involved in the Mack investigation was murdered and it was speculated that his death resulted from association with the Mack investigation. It was further rumored by political opponents that Chief of the Presidential Staff Luis Francisco Ortega Menaldo was in some way involved in the police officer's murder.

. Embassy has consistently applied pressure to the Guatemalan Government to ensure that justice is served and human rights respected. This diplomatic stance resulted in strained relations, especially between the Guatemalan military andumber of military officials believe they were unfairly implicated in human rights abuses before investigations were initiated. Additionally, there were divisions within the military. For example,fficers believe they were being blamed for human rights violations committed by the Presidential Security Service. The Guatemalan Government, in attempts to improve its international reputation, responded byecurity Cabinet. The military even. consulting firm to help with its image problems.

Beteta was convicted of the Mack murder onhe Guatemalan courts ruled that the investigation of the alleged involvement of others could continue. Although others have not been criminally tried, Helen Mack has filed civil actions against them.

order toan who probably could not have committed the crime. The accused, Noel De Jesus Beteta Alvarez,ember of the Guatemalan Army, Presidential Security Staff who was on medical leaveerious hand injury when Mack was murdered.

that Beteta was in no physical condition to conirnnTnennjraernife. Beteta had been discharged from the Army onnd his whereabouts were unknown.

The Station sent this information to Headquarters on

July , and it was disseminated the same day to:

on

the Station obtainedsenior

Police Officials believed the assassination ot Jose Miguela member of the Guatemalan National Police, resultedinvolvement with corrupt police officers and not his role inmurder investigation. According toDirector

ofolonel Marco Antonio Gonzalez^Iracena^JnisterFernando Hurtado Prem, and Director of theColonel Mario Paiz Bolanosumor thatDepartment of the Presidential Staff, controlled byFrancisco Ortega Menaldo, was in some way involvedairly

clear trailthe subject

of the rumor in hopes of reducing his influence.

tation Report The Station reported information contained in anewspaper article. The articleommunique from an anonymous right wing military group accusing Colonel Gonzalez Taracena andf participating in the Mack murder. The Station provided this informationossible symptom of continued discontent within the military.

of human to the draft cable killed Mack, but nature of the

raft Station Cable. This draft cable eported that members ofer who had been assigned totscasesjnduding the Mack case.ot sayembers said he believed from the empts to shift the blame to the

SEORKT

tation Report The Station forwarded to Headquarters lruformation contained in thedition of the Guatemala daily newspaper Siglo Veintiun'n The newspaper reported that Helen Mack accused several Guatemalan Army officers of being involved in her sister's murder, giving false testimony and covering-up after the fact. The Station indicated that Helen Mack accused all of the officers who were in the Presidential Security Staff's chain of command i

-ported information concerning the

state ot relations between Guatemala and theattributed the worsening of relations to theactive interest in cases of alleged human rightsthe part of tteGuatemalan Army and security'some senior Army officers believed

.mWk by Helen Mack to implicate Armv officers in the Mack killing.

senior Army officers were frequently

ne perceived attitude of US. officials that Guatemalan officials were always guilty of alleged human rights abuses even before investigations had begun.

report reiterated earlier reporting concerning the belief by some senior Guatemalan military officers that. was supporting Helen Mack's efforts to implicate or identify Army officers in the Mack killing. These officers were frequently angered by the perceived attitude. officials that the Guatemalan forces were guilty of human rights abuses even before investigations had begun.

he Station sent the information to Headquarters land it was dissenunate<

provide Mackbut none had beenawarehreatening letter that had been sentand derided the credibility of the witnesses againsthe was innocent.that the press play

surrounding the threats agauTstrriewitri esses only served to enhance their credibility in the Mack legal proceedings.

into Helen Mack's accusations.

(suspected that Otto Barrios Longo wasobahlt

source tor

_ Barrios was reportedrind with the security services due to his involvement with narcotics traffickers and commerce in stolen cars. Barrios was noted torincipal government contai

officers believed the conviction of Beteta and ;ars in prison was political in nature. |these officers remained hopefulonviction will be overturned. The officers also believed that the court was forced to convict Beteta because President Serrano was pressured by human rights organizations who were tools of the

URNG. The officers also believed that the URNG was behind Helen Mack's attempt to prosecute the individuals in Beteta's chain of command as well. The officers viewed this as an URNG tactic to attack the Army as an institution in the name of human rights.

SEkRET

any Knowieage ot or

participation in any case of human ngnts violations, including the Mack and Umitia cases. However, jexpectedornmissionof the Pastruth CorrurSion would investigate

^military officers. ( (could not ruleDe accused of being involved in various crimes that thetry to attributeorganizations.

tation Report The Stationthat Beteta's conviction was upheld by theCourt on. The Appeals Court deniedby the Mack family attorney to expand the case in orderothers who were allegedly involved. The Mackto appeal this decision to the Supreme Court. The sourceinformation was thedition of thenewspaper El Grafico.

Station Re

. noted there

onsiderable amount of disinformation inhuman rights violations. According toat the

first signotential human rightsimmediately held to blame. Therefore, theStationadvisedinvestigate all accusations involving

to determine the veracity of the actrtrng details.ood possibility existed'ontact was involved, the Station intended to seek guidance from Headquarters.

87

Station Report In this reportthe Station

mcUcating that Beteta, the convictecrKureroiMack, escaped from Pavoncito Prison on. The escape occurredmall uprising and he subsequently was recaptured along withther prisoners.

tationtation report to Headquarters noted mat the Supreme Court resolved to leave open the legal proceeding against others allegedly involved in the Mack murder. This decision allowed prosecutors to investigate and try retired General Godoy, and Lieutenant Colonels (Lt.uan Valencia Osorio and Juan Guillermo Oliva for their alleged connection to the killing. Valencia was the Commander of the First Battalion of the Military Ambulatory Police. Oliva was the Chief of the Counterintelligence Division of.

tation Report. The Station advised Headquarters of open source information published onndicating that the investigation of the Mack murder should continue. News articles reported that the Supreme Court took under consideration claims made by Helen Mack and convicted murderer Beteta that the Mack murder was ordered by officials of the

priltation Report. The Station advised Headquarters thatT>rgeuatemalan journalist and convicted criminal who was in prison with Beteta, offered the Embassy information concerning the Mack case. Specifically, Lemus claimed that he had conducted and taped interviews with Beteta. He provided copies to the Embassy's Human Rights Officer, although

the legitimacy ot the taped interviews was in question as they reflected Beteta claiming he received an order from Valencia to murder Mack. The Embassy doubted that Beteta would makelaim on tape or trust Lemus.

eteta also reportedly stated thatwas

the Deputy Chief of the Department of PresiaentjaTCeairity at the time of Macks murder and one ofupervisors, was not

involved in the planning or carrying out of the murder.

|depending on the legitimacy of the tapes,did not appear to doubt the

validit^oftheintervieoped that she would drop

J name from the list of others who were allegedly lrvvolveaiiiner sister's death.

I Jorge Lemus, alias "Elin hisecent videotape of Beteta. In thepurportedly stated that the murder of Mack was conductedorders of former National Defense Staff Chief Godoy andnot understand how

Lemus could haveideotarje since

Beteta advised le allegations raised by

he videotape really

existed and Beteta would not deny Lemus'sould conduriethaUheUS^mbassy paid Beteta to gain his cooperation.

jArmy attempts to locate Beteta's relativeswith negative results (Ubelicvcd that they were taken tounder US. Embassy

Embassy was using this refuge to

military and provide false testimony.

had publicly aenie officers in the murder, distrust of the US.

thatss allegations maTimplicatedoted the growing military

tation Report. The Station indicated that Beteta was transferredolice hospitalecond suicide attempt. Following the first attempt, Beteta denied having tried to take his own life. In this second instance, police reportedly found Beteta trying to hang himself in his cell. He was returned to the Zoneentral Penitentiary the next day.

4 Station Report. The Station reported that Lemus played an audio tape for journalists in which Beteta admitted that he surveilled and later killed Mack. Beteta stated that he did this on orders from the former Presidential Security Service Commander, Valencia.

4 ShithmRenort. The Station reported that thethat General Godoy, Lt. Cols. Oliva and Juan^lieWIWHftpedalists Juan Jose Larios, and Jose Del Cid Morales must stand trial for their alleged involvement in the Mack murder. All worked in military mtelligenoe at the time of the murder.

tation Report The Station advised that Chang had statedner intent to press charges against five more military officers whom she accused of being involved in her sister's death.

Station Report.

rovided information on recent leveiopments in the Mack case. Specifically, the Supreme Court had confirmed the sentence given to Beteta and left open the legal proceeding against senior military officers. The Station noted that the thrust of. efforts in Guatemala was to pressure both the Army and Government officials to pursue pending human rights cases. Guatemalan officials were noted to have taken deliberate steps to effect reform in the human rights arena and end irregular practices

Other Reporting

eports from the Department of State, FBIS and! in Agency files detail VS. efforts to locate Beteta and returrwumtc) Guatemala for trial. They also address the legal proceedings relating to Beteta, the murder of Police Officer Merida, and the pursuit of other officers alleged to have been involved in the Mack murder. The most significant of thef these reports are summarized below:

mbassy Telegram. Guatemalan Deputy Human Rights Ombudsman Alvarez told the Embassy that he believed the killing of Myma Mack was almost certainly the resultobbery and not political. He based his conclusion on the fact that the murderer stole credit cards and knifed his victim to death.

0 Embassy Telegram. The Embassy Human Rights Summary report mentioned that Myma Mack was stabbedesultobbery attempt.

0 Embassy Telegram. Helen Mack told the Deputy Chief of Mission that her sister's investigations into displaced persons in the highlands brought her to the attention of local security forces. Helen Mack believed that it was likely that her sister was killed by someone close to or in the security forces because her sister's killers inflicted more thantab wounds in vital places, indicating that the killers knew what they were doing. Helen Mack. assistance in conveying her concerns about the murder to the President of Guatemala.

mbassy Telegram. The

Embassy reported that an Americas Watch letter

requested terminationo] police training program due to the murders of Mack and the others. The Embassy noted police behavior in the Mack caseeed for more trained policemen, not fewer. It further stated that, although there was no evidence, theretated assumption,uatemalan Government Agency had Mack under surveillance and committed her murder.

1 Embassyuatemalan judgearrant-based on an investigation by Attorney General Valladares--for the arrest of Beteta. On Julyalladares declared that the investigation concluded Beteta was partonspiracy and his arrest and interrogation were essential to unravel the plot.

mbassy Telegram. The Embassy noted attempts to locate Beteta had been unsuccessful. However, Embassy files indicated he appliedourist visa oneven weeks after the murder. The visa application was refused under) of the Immigration and Naturalization Act. The Embassy commented that, even though the visa was denied, Beteta could be in. It further commented that the information regarding the visa application would be passed to Valladares.

mbassy Telegram. The

Guatemalan Armed Forcesress commuruqu6 indicating Beteta "is no longer enrolled in theocal press reports indicated that Merida was murdered onecause he had discovered that Beteta was one of Mack's murderers.

the assassination

mbassy Telegram. Human Rights Ombudsman De Leon stated that he believed Army officers were acting "extra officially" and were behind some of the recent murders in the city, including the murder of Merida. De Leon, Valladares, and the Archbishop's office linked the Merida murder to Mack's murder. However, according to the Embassy, there was no evidence to support the linkage.

mbassy Telegram. The National police arrested Gonzalo Cifuentes Estrada, aka Antonio Guzman, and charged him with theurder of Merida. The National Police continued to search for the other men implicated in the murder. The Archbishop's office continued to argue that Merida was killed because of his work on the Mack case. The Embassy commented that the evidence indicated that Merida was not killed because of his role in the Mack murder.

1 JUReport. According to

Merida was the responsibility of an individual who was seeking personal revenge against Merida. The Guatemalan Army was instrumental in helping resolve the case, according toH

mbassy Telegram. Key

members of the Guatemalan Government's peace talks team asked the US. to reduce its criticism of Guatemala's human rights record. Team members explained that the murder of Merida was definitely not linked to Mack's case. The Embassy noted that team members could not provide evidence that any progress had been made in the

case other than the issuance of an arrest warrantuspect who could not yet be found.

mbassy Telegram. Ambassador Stroock met with Presidential Aide Neumann to discuss the President's Human Rights Advisory Commission. Neumann stated his hope that the Commission would start with the more notorious human rights violationsDeVine and the Santiago Atitlan massacre.

mbassy Telegram. The

Embassy noted that not much had been done to find Beteta, and requested that the State Department in Washington contact INS and the Los Angeles Police Department to check on whether Beteta was in Los Angeles.

1 Embassy Telegram. The Guatemalan press announced the arrest of Beteta onnd the kidnapping of Helen Mack's uncle, Augusto Chang, the next day. The Mack family reportedly was concerned that the arrest and the kidnapping were linked. Mack family members told Embassy officers that the kidnappers contacted them and stated they wouldansom demand. The Mack family attorney stated he believed that Beteta killed Myma Mack. The attorney noted that there were two witnesses who were afraid to come forward.

1 Embassy Telegram.

Ambassador Stroock expressed concern to . President Serrano about the safety of the Mack family due to the arrest of Beteta and the kidnapping of Augusto Chang. According to the Embassy, the kidnapping of Chang was most likely not linked to Beteta's arrest because the

EC*!

kidnappers could nol have been aware of the arrest at the time of the kidnapping. On behalf of the Mack family, Stroock asked Serrano to do everything he could to bring about Chang's release and to ensure the safety of other family members.

1 Embassy Telegram. INS returned Beteta from Los Angeles to Guatemala. Beteta was taken into custody but denied murdering Mack. Press reports indicated Chang was freed unharmed the same day. Helen Mack, however, reported that her uncle was still in the hands of kidnappers.

mbassy Telegram. Mack family members told Stroock that they believed they were under surveillance by unknown individuals and that they feared for their personal security. Although the Mack family stated publicly that common criminals were responsible for the kidnapping of Chang, Myma Mack's father told Stroock that he feared the incident might be related to his daughter's murder investigation.

mbassy Telegram, Representatives from human rights and labor groups met with Stroock. Daniel Saxon of the Archbishop's office stated that he believed the murder of Merida was politically motivated.

mbassy Telegram, The Embassy reported that Presidential Advisor Neumann planned to visit the State Department in Washington onhe Embassy noted that, because he was the head of the Presidential Coordinating Committee for Human Rights, he should be met by officials at the appropriate level.

mbassy Telegram. American Attorney Daniel Saxon, who represented the Mack family, believed that Mack's accused murderer would probably be triederdict obtained in lessear. He noted that there was very little evidence against Beteta and doubted he would be convicted.

mbassyuatemalan judge found sufficient evidence to continue criminal proceedings against Beteta for the murder of Mack. Also, the Guatemalan Interior Minister fired the head of the country's penal system, ostensibly for his failure to produce Betetaine-up in accordance with court orders.

mbassyivilian judge transferred criminal proceedings against Betetaivilianilitary court. The Guatemalan Attorney General appealed the transfer order. The Embassy noted that the transfer could provide legal and political advantages to the Mack family.

mbassy Telegram. The Embassyuatemala Human Rights Summary for January and February that mentioned transfer of Betetas caseilitary court. It also mentioned the murder of Merida as occurring for personal and not political reasons.

mbassy Telegram. The Mack murder case was transferred from military to civilianew judge was assigned, the twelfth judge to preside over the case. The case was scheduled to go to trial in the near future.

SECBE1

mbassy Telegram. According to the Director of the Guatemalan Archbishop's Human Rights office, proceedings against Mack's accused murderer were bogged down in discovery motions over the release of government documents.

mbassy Telegram. Supreme Court President Rodil told the DCM that he believed there was evidence implicating Beteta in the death of Mack. Rodil stated that the current judge in Mack's case wanted to withdraw from the case because he considered his life in danger.

2 Embassy Telegram. The Mack murder trial was underway. Two eyewitnesses identified Beteta as one of several persons surveilling Mack just prior to her death.

mbassyetter from Assistant Secretary Bernard Aronson to the Guatemalan Ambassador in Washington encouraged the Government of Guatemala to follow upecent court ruling on evidentiary issues in the Mack trial. Guatemalan President Serrano agreed to ensure that evidentiary issues were addressed.

Report.

reported that the mid-level Guatemalan officer corps was disgruntled about the handling of the Mack case.

mbassyew

judge-Carmenassigned to the Mack case. She was said to be making good faith efforts to obtain all relevant evidence. An eyewitness to the murder testified that he saw two men grab

EJKET

Mack and throw her to the ground. Both assailants, he said, had knives. Mack, according to the eyewitness, was dead when the assailants departed the scene. The Embassy commented that the trial of Beteta should conclude in Novembererdict expected in late November.

mbassy Telegram. The Embassyuman Rights Summary for September and October. It reported on the assignmentew judge and the testimony of two witnesses who saw Beteta at the murder scene just prior to Mack's killing. Mack's attorneys hoped for an initial verdict in November.

2 State Telegram. Bernardo Neumann told Aronson that he was personally committed to resolving the Mack murder case, adding that he had evidence against two active duty military officers. He said that he believed the Army had Mack killed because she was writing on the displaced in Guatemala.

mbassy Telegram. As the trial court proceedings resumed, the judge agreed to investigate further Beteta's claim that he could not have murdered Mack because his hand was injured at theoctor had testified in the case that the hand injury was not serious enough to prevent Beteta's stabbing Mack. The Judgeerdict on February

mbassy Telegram. The Guatemalan Congress approved the transfer of Judge EUguterigher court, which meant that her role in the Mack case would probably end the first week of February. Helen Mack stated that the transferavor by Rod il to President Cerezo.

octor changed his testimony and stated that Beteta could not have killed Mack because he was unable to hold the knife used to stab her to death becauseand injury.

3 FBIS Report. The defense attorneyotion requesting the annulmenteposition madeey witness in the trial against Beteta.

3 Embassy Telegram. Two

eyewitnesses in the Mack case departed Guatemala for Canada. Within three days of their departure, the Canadian Consul in Guatemala was threatened and the Canadian Embassy was broken into. The two witnesses told the Canadian Consul that they had witnessed the murder of Mack by two men. They stated that they saw one man hold her down while the other one stabbed her.

BIS Report. The Guatemalan media reported on Februaryhat Beteta had been found guilty of murdering Mack. He was also found guilty of critically injuring another individual.

mbassy Telegram. The Mack murder trial closed with the conviction and sentencing of Beteta toears in prison. The Embassy commented that the Beteta conviction was an extremely positive development.

3 State Telegram. Assistant Secretary Aronson met with Helen Mack, discussed the status of her sister's murder case, and assured her that. would continue to push the Guatemalan Government to provide security to

her and others involved in seeking prosecution of human rights violations.

March3 Lmbassy Telegram. Former Rebel Armed Forces leader Danilo Rodriguez told an Embassy political officer that he believed Myma Mack was killed because she was working with Padre Falla. Rodriguez explained that Fallariest who was affiliated with the Guerrilla Army of the Poor. Me stated that at the time of Mack's death, both Mack and Falla were engaged in work involving displaced persons. He added that, at the time of Mack's death, the EGP controlled Mack'sansco.

mbassy Telegram. The Embassy Human Rights report for January and February mentioned the Mack trial and the conviction of Beteta. It also mentioned that unknown persons threatened key trial witnesses and the Director of Avansco.

mbassy Telegram. The Embassy reporteduatemalan appellate courtarchublic hearing to review the trial verdict in the Myma Mack murder and to consider whether further proceedings were appropriate against the superiors of the convicted murderers. Helen Mack called for confirmation of the Februaryurder conviction of Beteta and prosecution of his superiors for involvement in the crime. The Guatemalan Attorney General's office supported the trial verdict and further investigation of others.

3 Embassy Telegram. The Embassy recommended that. Government issue no statement regarding the prison sentence for Beteta

being upheld because it might imply support for the decision to dismiss charges against his superiors. The Embassy believedtatement alone welcoming the Beteta conviction would. support for the decision to dismiss charges against Beteta's supervisors.

mbassy Telegram. The Embassy issued3 Country Human Rights Report for Guatemala mentioning that Beteta was sentenced toears for the murder of Mack and the unrelated beatinginor. The report noted that the conviction was being appealed and that Helen Mack was seeking prosecution of other military personnel. The report also stated that Helen Mack received death threats, and that Beteta escaped from jail but was recaptured shortly afterwards.

mbassy Telegram. Helen Mack asked the US. to consider granting Beteta's family humanitarian parole as an inducement for Beteta to name his coconspirators in the death of Myma Mack. Beteta revealed to Embassy officers that he was ordered to murder Mack by Colonel Juan Valencia.

K('Pnrt- Th.'H

that Lt. Col. Oliva was reassigned from Chief of the Counterintelligence Divisiono Chief of the Academic Department of the Escuela Politecnica. I mmented that Oliva linked to Mack's murder andareer intelligence officer.e ported that it could not be determined if Oliva "fell from grace" or if the transfer was meant to be career enhancing.

ECKfr

4 Embassy Telegram. The Embassyuman Rights Summary coveringhe summary reported that little progress had been made in the investigation and prosecution of human rights cases except for the confirmation of the Supreme Court's sentence of Beteta. The report stated that former prisoner Lemus had made overtures to the Embassy that Beteta would reveal Mack's killer in exchange. assistance. Lemus provided tapes of conversations with Beteta. However, there was not enough evidence on which to base further convictions. The Embassy reported its disassociation from Lemus, and noted that Beteta attempted suicide on June

mbassy Telegram. The Embassyuman Rights Summary covering April-August and noted that there were two lawsuits concerning Mack before the Constitutional Court. The first lawsuit was an appealupreme Court decision that held there was sufficient evidence to keep open the investigation against others who were alleged to have been involved in the Mack killing. The second was an appeal by Helen Mackecision not to release government documents concerning her sister's murder.

eport

reported that the Guatemalan Army nominated Lt. Col. Valenciaepresentative to "Fuersashen withdrew his name because of his alleged involvement in the murder of Mack. Two other officers said to be involved in the Mack murder were Godoy and Oliva who were in Beteta's chain of command.

mbassy Telegram. The Embassy issued its annual Human Rights Report noting some progress on the Mack case in February and December. In February, according to the Report, the Supreme Court confirmedyear sentence given Beteta and left open legal proceedings against others alleged to have been involved in the crime. In December, the Report stated that the Constitutional Court ruled in favor of Helen Mack that the case against the others could proceed, but had denied release of Government documents regarding Mack's death.

5 Embassy Telegram. The Constitutional Court declined to review the Supreme Court's decision that allowedontinuation of the case against others alleged to have been involved in the Mack murder. However, it reaffirmed the Supreme Court's ruling that Government documents regarding Mack's murder did not have to be turned over to Helen Mack. Mack stated that she planned to file another motion requesting file access and noted she was considering asking. Congressional Human Rights Caucus to obtain US. Government riles for her.

tate Telegram. State Department Press Guidance indicated that participation by Guatemalan military personnel in International Military Education and Training programs in the US. had been canceled for the remainder5 due to concernack of progress on various human rights cases, including the Mack case.

5 Embassy Telegram. Peace Commission member Peter Lamport told Ambassador McAfee that he thought the

Guatemalan system wastate of overload in regard to human rightsmport suggested. focus on areas where progress was possible by shifting from the Executive Branch and the Army to the judicial system.

mSj^^jKeport.

reported that it was generalknowleageirTthe Army that Defense Minister Enriquez is financially supporting Colonel Garcia, Colonel Alpirez and former General Godoy. Reportedly, the Army was paying several hundred thousand quetzales in lawyer fees for Godoy and one hundred thousand

onth for each of the lawyers

representing the two colonels.

revealed that Godoy was imphcateauitn^rvTack

case.

mbassy Telegram, The UN Human Rights Verification Commission report indicated that Helen Mack filed suit against others she alleged were responsible for her sister's murder dueack of progress by the Guatemalan Government.

mbassy Telegram. Helen Mack told McAfee that there appeared to be no political will to solve her sister's murder. Mack noted that Ramses Cuestas had said that no special prosecutor would be named. She asked. documents relating to the case would be declassified. The Embassy commented that the Guatemalan Government decided to reopen Mack's case to examine the involvement of Oliva and Godoy.

Personnel Recollections

A personnel generally recall Station reporting regarding the Guatemalan who was accused and convicted of Myrna Mack's murder. They also recall Station reporting regarding Helen Mack's active pursuit of allegations that the military hierarchy was also involved in the murder.

the DEATH OF PETER TlSCI ONE

, New York Times article indicated that Peter Tiscione was an archeologist from New York who was in Guatemala in2 conducting research on Mayan pottery. He was found deadotel room on. The Guatemalan police investigation determined that Tiscione stabbed himself to deathachete. Tiscioneistory of manic depression and was taking medication to control the illness. The article quoted Representative Robert G. Torricelli as questioning the policeearch of CIA records identified one related DO document.

CIA Reporting

rt documented the of Guatemala City

tation Report.earchtues

te searcn was promptea Dy leadquarters' request on the previous day. The sear" produce any^Mdocuments relating to Tiscione.

Other Reporting

ne FBIS media translation, one State telegram, and one Embassy telegram were located.

BIS Report. This FBIS document reflected Guatemala City Siglo Veintinuo's article on the death of Tiscione in the Panamerican Hotel. Tiscione was foundathtub on Augustith four neck wounds inflictedachete. The discovery of his body was promptedelephone callotel receptionist who checked his room, discovered the body and notified police. The police report indicated that the killers left the machete on Tiscione's chest and did not steal his jewelry.

tate Telegram. Stateidely disseminated telegram to its embassies and consulates providing detailed press guidance relating to the Tiscione death as follows: Tiscione died onuatemalan autopsy report reflected deathenetrating wound to the neck. Local police and Embassy personnel were notified of the death. Tiscione had spoken with an Embassy Duty Officer to request assistance in obtaining medications. He declined the Duty Officer's offer to help. The police investigation found no evidence that Tiscione was murdered. All windows in his hotel room were closed from the inside, the room's door was locked and chained from the inside, and the only fingerprints on the machete were his own. The Embassy reviewed the police report and had no reason to disagree with its conclusion.

mbassy Telegram. An Embassy telegram to Washington and the U. S. Information

Agency reported on Guatemalan media reaction. The morning dailies La Republica and Prensa Libre reported that Congressman Torricelli was calling for an investigation into the death of Tiscione. In the business oriented daily Sigloolumnist wrote that the Tiscione suicide was suspicious in light of the reported useachete to commit the act.

Personnel Recollections

personnel had no direct knowledge relatingor the circumstances surrounding his death.who served in Guatemala at the time of Tiscione'sa strong belief that this deathuicide.

THE beating of june welnstock

Weinstockyear-oldfrom Fairbanks, Alaska who visited Guatemala inWhile watching an Easter parade in San Cristobal,the headhild and was falsely accused of anA mob of aturrounded the buildingtook refuge and eventually broke into the bunding.stripped, stoned, stabbed repeatedly, and beaten unconsciousassailants. She suffered permanent brain damageesultbeating. As ofhe residedursing homeand was unable to walk or talk.

CIA Reporting

Station Report first explained theof the URNG and described the long-standing beliefidnapped Guatemalan children to sell body parts for useoperations in the U. S. This belief set the scene foron Weinstock. Four Station Reports and onebased on information obtained through the Embassy or

providedto the Weinstock

beating. Thereportsaescribe^ and the implications. S. travel advisory issued by State.

broadcast of theI

I The broadcast adopted an anh-Americanandone. The Ambassador was criticized for strengthening physical security in and around the Embassy. The broadcast accused U. S. citizens of kidnapping Guatemalan children for sale in theutilating them and then using their organs for transplant operations to save the lives of critically ill children in the U. S. The broadcast attempted to legitimize the allegations by noting that an official protest was filed with Guatemalan police authorities regarding the kidnap, sale and mutilation of Guatemalan children. persons.

Man i

there was an ongomg andTong-standinghystena in Guatemalaesult of allegations that U. S. citizens were kidnapping Guatemalan babies in order to sell them or their organs in the U. S.

] believed that the attack on Weins1uatemalan police or military campaign directed against U. S. citizens. In the Weinstockrowd of Guatemalans accused her of attempting tohild. The local police force was unable to provide Weinstock protection from the crowd, and the military forces from Coban arrived too late to prevent the violence.

^

'emstock beating. The

cnain or events started when Weinstock touched the headhild and was accused by the child's mother of an attemptedrowd.gathered and began to strike Weinstock. She fled and sought help from uniformed members of the national police, who led her to the local magistrate's office. Various striking employees of the Ministry of Communications and Public Works, Highways Department, who were armed with machetes and clubs, incited the

EGRkT

erson AprilJ

no:

NSA; State, INR; DIA;

Intelligence Units of the Army, Navy, Marine Corps;

and Air Force; Treasury Department; Department of Commerce; White House Situation Room; DOE; and USCTNCSO.

tation Report The Station provided an update on the Weinstock investigation. Guatemalan authorities arrestedeople who participated in either the beating of Weinstock or in setting fire to the magistrate's

Guatemalan news crew filmed the beating InWultncfflS used the film to identify those who were arrested.

Embassador McAfee was concerned

. roops did notarrive on the scene untilinutes after the attack on Weinstock. However, the Army troops were delayed while the military zone commander sought permission from civilian authorities to enter the zone as required by Guatemalan law.

ommented that the Ambassador andot the Country Team were suspicious thatarrest of theersonsham intendedstriking workers.

4 Headquarters Cable.)

segment of theteievision program

ontained information about the Weinstock incident and the mass hysteria in Guatemala about U. S. citizens kidnai Guatemalan children for bod'

Other Reporting

etweennd, the CIA received reports from FBIS, the Guatemala Embassy, and the Guatemala DAO relating to the Weinstock incident.

BIS Report. FBISocal reporter's chronology of events leading to the beating. The reporter was the first on the scene to cover the events. Voluntary firefighters, the Departmental Red Cross, and the assistant human rights official tried to intervene, to noan of tear gas thrown by police infuriated the mob. Fire forced all of the occupants, except Weinstock, out of the building. The crowd broke into the room where Weinstock took refuge and beat her severely.

BIS Report FBIS reported that the Guatemalan Government recognized the innocence of Weinstock and condemned the violent act. The Government appealed to the public, urging people not to be deceived by the propagation of groundless rumors aimed at creating an atmosphere of social unrest.

4 Embassy Telegram, The Embassy reported that Embassy officers traveled to Coban, Alta Verapaz, to investigate the assault on Weinstock. The Justice of the Peace who initially took Weinstock into custody was interviewed and said that Weinstock was secure in his office until strikers from Coban joined the mob outside of his office. The mob broke into his private quarters and beat Weinstock severely. The final attack was perpetrated byoersons.

4 Embassy Telegram. The Embassy summarized the resultseeting that Ambassador McAfee had with the new Minister of Government. The Minister stated that mob actions against Americans and anti-American graffiti that appeared on buildings in Guatemala City were instigated by leftist groups sympathetic to the URNG. He also said that he intended tosychological campaign to educate the Guatemalan populace against false rumors of Americans kidnapping Guatemalan children and selling organs for transplant operations.

report indicated police attempted to calm an angry crowdeople surrounding the building where Weinstock sought refuge. The police requested assistance and were joined by theocal human rights ombudsman, the Archbishop, and additional police officers. These individuals tried unsuccessfully to mediate the crisis with five leaders of theroup of striking highway workers, armed with machetes, arrived on the scene and distributed rocks to the crowd. Michael Anthony. S. citizen who was acting as an interpreter for Weinstock, attempted to escape from the building. Police officers rushed to offer assistance to Lewis, leaving Weinstock unguarded from the mob. The Army was called in for assistance but arrived after the assault. Under Guatemalan law, the Army cannotvilian community to restore order until permission is received from the proper dvilian authorities, and this delayed the arrival of the troops.

5 Embassy Telegram. The Embassy reported that it continued to apply pressure to the Guatemalan Government to improve security for Americans and others in Guatemala, The Embassy requested that the Government extend its public information campaign to dispel the lingering rumors of child kidnapping. citizens. Ambassador McAfee met with Guatemalan officials and expressed the needull investigation and prosecution of those responsible for the Weinstock beating.

mbassy Telegram. The Embassy summarized an editorialuatemalan news report that Weinstock and her translator, Michael Anthony Lewis, were victims becausesychosis that resulted from the frequent disappearance of children in Guatemala.

mbassy Telegram. The Embassy reported on the increased threat of violence and crime against Americans in Guatemala. The notion that foreigners kidnapped children to extract and sell their vital organs had circulated in Central America since at least the. The resurgence of the issue could be traced in part to Guillermo Carranza, who became the Deputy Attorney General for Children's Affairs in the Public Ministry ine viewed the "baby parts" themeeans to obtain publicity.

4 Embassy Telegram. The Embassy provided an update on the arrests and trials of Guatemalans charged in the Weinstock case. Fifty-seven Guatemalans were arrested andore were being sought in connection with the Weinstock incident. The suspects were charged with attempted murder, infliction of grievous

bodily harm, aggravated assault, and contempt of authority.

4 Embassy Telegram. The Embassy summarized an editorialocal newspaper. The editorial stated that the reason for the kidnappings might be that, in theransplants were performed by murderers who call themselves doctors and who were involved in the trade of the organs of poor children destined for the children of the rich.

4 Embassy Telegram. The Embassy reported on progress of the Guatemalan Government criminal investigation and on an investigation by Embassy officers. Embassy officers concluded that there was no evidence of political manipulation of the crowd. The mob appeared to have been motivated by laborelief of the "baby parts" story, the demand for vigilante justice, and drunkenness. Civil and military security authorities did not take adequate steps to control the situation. Embassy officers notedonth after the incident, despite promises to take action, the Guatemalan Government and private groups had not undertaken any campaign to refute the "baby parts" rumor,epeat occurrence of such an incident could not be discounted.

5 Embassy Telegram. The Embassy reported on media reaction to the court decision on the Weinstock case. The court acquitted the individuals accused of the attack becauseack of evidence.

mbassy Telegram, The Embassy reportedpecial prosecutor reviewed evidence in the case and had already identified some assailants from videotapes.

Personnel Recollections

edia reports indicate that Daniel Robert "Sky" Callahanexas filmmaker who was working in Guatemala Cityocumentary detailing civil rights violations. One was forcedar, beaten, and threatened with additional harm if he stayed in the country. Embassy reporting mdicates he also had been hitatonew days earlier.

CIA Reporting

earch of Agency records produced documents.

| regarding the Callahan case

ana the identities of the perpetrators. The Station wasto raise these issuesreport

information in intelligence format^eac^uartersnoted that the State Department and the Embassy were actively involved in this matter.

Jul Ambassador ha

tation Report. The Station reported that theunavailable for consultatioi

SECJfrET

Other Reporting

IA records include reporting from FBIS, State and the Defense Attached

mbassy Telegram. The Embassy reported that Callahan called the Embassy Duty Officer onnd reported he had been hitatonoldier on Julye declined assistance but wanted the incident to be recorded. On Julyallahan was attacked by two men who were driving in an unmarked car. He reported the incident to the Embassy on the following dayobbery. Callahan subsequently stated the incident wasobbery and advised of his intent to report it to the UN Human Rights Verification Commission. Callahan advised that the perpetrators told him to return to the U. S. On Julyallahanworn statement and

. onnection between the incidents onnd Julyhe Embassy contactednd Presidential Human Rights Commission concerning this matter.

tate Telegram. State provided press guidance to various Embassies indicating the July 7th attack on Callahan was the result of his workilmmaker.

tate Telegram. State advised the Embassyrotest that had been filed with the Guatemalan Ambassador to the U. S. ontateull investigation and the Guatemalan Ambassador agreed. Callahan was also contacted and advised of State's actions.

mbassy Telegram. The Embassyummary of its contact with various Guatemalan officials. The Chief of the Presidential Military Staff indicated the possibility that Mobile Military Police may have been involved in the Callahan incident.

mbassy Telegram. The Embassy advised that the first incident involving Callahan was onnd nots initially reported.

BIS Report. The FBIS textulyuatemala television newscast indicated that the Human Rights Commission of Guatemala condemned the Callahan kidnapping and calledhysical and psychological attack. Callahan was identifiedemberoodwill mission from Texas. He was warned by his kidnappers that his actions in Guatemala fostered an unstable political climate. The Commissionhorough investigation by the authorities.

SB

BIS Report The FBIS textulyuatemalan City Prensa Libre articleommunique by the Guatemalan Mutual

Support Group. The group condemned the Callahan attack in front of the National Palace, noting that it was the second incident against him. According to the Guatemalan Mutual Support Group, twolue, four-door vehicle kidnapped Callahan on Julye was held for two hours and encouraged to leave the country. The communique emphasized that human rights violations could cause the suspension of peace talks.

tate Telegram. State provided press guidance to various Embassies detailing the assistance provided to Callahan in obtaining medical care andomplaint with the Public Prosecutor.

incidents resulted from ly policy. Callahan was hitolider while filming anti-Guatemalan Government protesters on Julyn Julye was picked up, beaten,

and warned by unknown assailants.

indicated the possibility that off duty Army elements, who operate outside of senior leadership, could have been involved.

mbassy Telegram. The Embassy detailed Ambassador McAfee's meeting with Defense Minister General Mario Rene Enriquez. Enriquez indicated that great effort was being expended on this inquiry. The Ambassador and Defense Attache advised they were impressed withfforts.

mbassy Telegram. The Embassy detailed developments. On

Callahan was interviewed by State investigators inketch of the English speaking assailant was obtained and forwarded to the Embassy. The sketch and State report were provided to the Public Ministry, Office of the Ombudsman for Human Rights, Estado Mayor,. On Julyhe Embassy provided the name of the restaurant where Callahan ate before being abducted.sked for additional information and Callahan was reinterviewed.

Personnel Recollections

IS THERE ANY EVIDENCE THAT ClA EMPLOYEES OR ASSETS WERE DIRECTLY OR INDIRECTLY INVOLVED IN THE DEATHS, DISAPPEARANCE, OR ABUSE OF THESE INDIVIDUALS?

CIA Employees

o CIA employees have been alleged to have been involved as participants in the deaths, disappearance, or abuse of any of these individuals. No information was developed during the

SHCKET

course of this investigation that remotely suggested that any CIA employee was involved in the death, disappearance, or abuse of any of these individuals.

n Ortiz's case, her claim that the individual who rescued her from her torturers had an American accent remotelyossible connection between her abduction and abuse and the Embassy or the Station. No information has been identified that would tend to substantiate Ortiz's speculation about the individualorth American accent. Further, the suggestion that this unknown individual may have been affiliated with CIA is even more speculative and is not supported by any information that has been identified in CIA records.

What are the facts and circumstancesraft Came from Guatemala Cm Station entitled "Station Investigation of Human Rights Violations inatedhat information did ft contain that pertained to human rights abuses. Citizens? Was the

cable ever transmitted to headquarters? what do agency personnel involved recall about the issue?

raft cable obtained fromStationcoM.nns informationto substanoare^anna^rWsciannthat she hadThe cable consists of seven double-spaced typeddocument is addressed as an EYES ONLY immediateto Chief, Latin America Division and is entitledof Human Rights Violations inherereferences indicated in the space markedhe last pagedocument indicates that it was drafted by Station Officer

ated. There was no mdicatiorutTor some of the specific information it contains regarding the Ortiz and Mack cases, was ever shared with Headquarters by the Station.

stated purpose of1 cable was towith the content of certain recent revelations. Theof the cable indicates that, over the past year, thebeen receiving increasingly disturbing reports of allegedabuses involving, the Guatemalan Army andof the Guatemalan Security Services. The textthe Station took each report seriously and that each reportinsufficient from an evidentiary standpoint todissemination, but the Station concluded that certainaccusations may in fact be true. The text also states that manycases cited required further investigation and thatwasop priority of the Station.

he draft cablearagraph pertaining to Dianna Ortiz. That paragraph states:

Kidnapping of Diannaianna [Ortiz]. S. citizen and Roman Catholic nun who claims to have been kidnapped and released moreear ago bytory with suspidon because of the tactics commonly used by leftist propagandists in Guatemala (False kidnappings, etc. and the unconvindng content of herStation, however, that she was in fact kidnapped as she daimed, probably byffice of Military, with Headquarters in Chimaltenango, Chimaltenango Department (She was kidnapped in Antigua, Guatemala which is intation must stressas simply said that he knows she was kidnapped, but has not provided any sperific information surrounding the kidnapping. In view of the extreme sensitivity of this case, thisrudal point. As Headquarters may be aware, the case has received extensive news coverage in thetory onews show. In the opinionhe was probably not raped or otherwise mistreated as she daimed,said that women are not normally sexually molested andiltiiere had been any physical mistreatment by her captors she would have been killed rather thanuid that, according to what he knows of such affairs, women who are not released are usually stabbed and leftublic bus terminal so they will be found and the death reported as an ordinary criminal incident. Those released unharmed are sometimes drugged and then released. When they come to they are disoriented and often unable to give an account of what happened to them. This may well have been the case withadded that Ortiz was in contact with leftist guerrillas, which led to her arrest. Weas unable to give further details, but was clear in stating that Ortiz had been kidnapped.

he draft cable alsoaragraph pertaining to Myrna Mack. That paragraph states:

Myrna (Mack) Chang: J thatService

assassinated the police officer assigned toumberrights cases, inducting the murderember of the Guatemalan guerrillaAlthouph(|Jdid noi say thai

killed Mack, I aid that he believes from the nature ofand the attempts to shift the blame to the ..

135

E^ET

(the primeho cannot be located, is athatmay

er. To balance thi>.^ ^reportedriminalpolice officer becauseorruption case the slaininvolved in.ape which

onfession of the allegedettyvkeriminal to takethefallkilling,romise of later release. This is possible, andpossible that the accused criminal or others were asked tothe killings byIt is also possible that

not involved.

he draft cable also contains information mcerning Lt. Col. Julio Alpirez-H information was subsequently includedl

ensiave Memorandum

(The information concerning

Alpirez is discussed in greater detaiiin Volume II of theGeneral's Report of Investigation regardinginhe draft cable also containsthe deathandinista Military

mtelligenceUmceruiGijaterna City, and the alleged killing ofin

xtensive searches of the CIA records system failed to

SKJcRHT

^remembers preparing the1 draft cable, and vaguely recalls the information being sent to Washington in some form, albeit slightly different from the originalays he prepared the draft cable in responseequest by CO^^^

(does not recognize the information pertaining to Ortiz or Mack, and cannot recall how he obtained that information to include in the draft cable. He is confident that he would recall if

_ lad provided him with the information contained in

the draft cable.

drart caDie. tie says seemed familiar.

EGRCT

ormer he did not mstrudl

to prepare the draft cable. He has no memory of seeing it before being shown the document recently, but refers to it as "vintage"

| He points out that the information regardingspeculation on the part otas COS he would

have been reluctant to add to the rumors that were flying around about Ortiz. He points out that CIA did not publish sensational unsubstantiated information such as most of the mformation contained in the draft cable.

The Headquarters file concerning! includes no information concerning Ortiz or Mack resembling that in theraft cable. Information concerning Mack,|

lin the1 draft cable, is in an August |

tation Report that is described inf this Report

Although^ tntc

[information on Ortiz was not suitable forit was unsubstantiated or speculation, otherOrtizshared with Headquarters

that was equally unsubstantiated. For example, antation Report indicateswo captured guerrillas said that they had been waiting for Ortiz to bring them food and ammunition. This information appears to be wholly unsubstantiated, yet was sent to Headquarters and was not corroborated through other means.

| who authored the1 draft cable, later contributed to antation Report that was in responseeadquarters request for an assessment of the Ortiz case and any information that Station may have on the incident" Yet the

(information that was included in the1 draft cable supporting Ortiz's claim that she was kidnapped was not included in the2 SUtmn

annotwhetherinformation that tended to

support Ortiz was omitted from the2 Station assessment of

FCgET

it cannot even be any, actually collected the

nformation

her claims because it was forgotten or because it contradicted the prevailing Embassy and Station assessment of the case.

he1 draft cable also contained information on the Mack murder that was not sent to Headquarters. Again, it cannot be determined who, if anyone, collected the information and why it was not acted upon. It is clear that Station officers did not follow up on the new Ortiz and Mack information.

What were CIA's responswilfttes for congressional notification

concerning these matters? WAS information regarding the fate of the. citizens and mack shared with the congressional oversight committees?

* The scope and nature of those statutory obligations are discussed in detail inf theIG Report concerning Agency activities in Guatemala.

EOd

hile CIA is subject to general statutory obligations to provide information to the congressional intelligence oversighthere is no specific statutory or policy requirement that the CIA provide intelligence information to Congress concerning human rights abuses involving American citizens or non-U. S. citizens such as Mack. However,atter of practice, the Agency

here was no significant CIA reporting concerning Wolfe, Blake and Davis, Larson, Zinner, Tiscione, Weinstock, and Callahan. Therefore, CIA had no information on those cases to share with the oversight committees.

IA reporting concerning the Ortiz kidnapping was sketchy or not generally relevant to the circumstances of her abduction, except for theraft cable that was not shared with Headquarters by the Station. Even if the contents had been forwarded to Headquarters, it is not clear that it would have

CONCLUSIONS

o evidence has been found to indicate that any CIA employees were involved, either directly or indirecdy, in the deaths, disappearance, or abuse in Guatemala of the. citizens discussed in this Report or Myrna Mack.

| according to Guatemalan pressH was

aUegedlyone of those responsible for Mack's cleatn^nadaition,

| has been found liableS. District Court judge for human rights abuses in Guatemala by virtue of his position as Defense Minister in an uncontested civil suit brought by Ortiz and others.

gency intelligence reporting on the cases in question appears to have been too sketchy to warrant reporting to Congress, although further inquiry could have added to its significance. The Agency acquired no direct evidence of CIA asset involvement in human rights abuses against the nine US. citizens that would ha^ been reportable.

Also, at Headquarters direction, and in light of attention focused on the Agency's hancUing of human rights issues, the Station was active in seeking informationand offering assistance to the Ambassador in the Daniel Callanancase5 and the attack upon June Weinstock

heraft cable that was not sentcontains information that corroborated Ortiz'sshe was kidnapped. This is significant in that it is theobtainedsupports Ortiz and

contradicts previous anclsuDsequervtbtation and Embassy assessments of Ortiz's claims. None of the Station personnel who were involved can explain where the information came from. The information should have been followed-up and also reported to Headquarters, as was other unsubstantiated information relating to the Ortiz case. The basis for the failure to follow-up and report this information to Headquarters cannot be determined because of the lack of personal recollection and documentary record.

RECOMMENDATIONS

The Deputy Director for Operations should ensure that all allegations of human rights violations againstthoroughly investigated and documented.

Although it is difficult to determine accountability with regard to the1 draft cable, the information contained in it regarding the Myrna Mack and Dianna Ortiz cases should have been reported to Headquarters. The fact that it was not represents poor

idement on the part of Station management and personnel.

Iwas the Chief of Station (COS) and as sucn bears ultimate responsibility for everything that occurred at the Station during his tenure there. Agency management should consider whether COS I ^performance in this regard was consistent with the level of performance expectedOS.

CONCUR:

P. Hitz Inspector General

Original document.

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