Central Intelligence Agency Inspector General
volume ii alleged removal of guatemalaig)
P. Hitz Inspector General
Investigators:
R. Cinquegrana Deputy Inspector General for Investigations
OFFICE OF INSPECTOR GENERAL INVESTIGATIONS STAFF
Report of Investigation Guatemala Volume II
ALLEGED REMOVAL OF GUATEMALAIG)
INTRODUCTION
a press conference on, Presidentwas asked the foUovving questioneporter:
Sir, there's something funny going on out at theonder just how many rimes you have looked into it andeally good, honest briefing on it. But today we found out that they are taking their classified documents and sending them by mail to retired former CIA people. Now, this gets them out of the storehouse out there, and gets themrivate home where nobody could ever find them if theyongressional investigation of CIA reports- Some of these are classified and some are not, but they have the names on them of the officers who worked on them, and they have mailed them back to the officers who worked on them. Why they're doingon't know, but it sounds like they're trying to keep us fromhance at the records.
a, letter to the CIA Inspector GeneralHarrington, Chairman of the Intelligence Oversightrelated this allegation to the ongoing IOB investigation ofdocuments. intelligence activities in Guatemaladestroyed by personnel assigned to the National Securitythe Department of the Army. Since the IOB was therefore interested
in obtairung any relevant facts concerning this matter, Harrington requested that the IG "conduct an expeditious review of this allegation and provide [the IOB] with any information available on thenhe IG initiated an investigation, the results of which are described in this Report.
SUMMARY
No evidence has been found of any effort by personnel of the Central Intelligence Agency to remove, dispose of, or destroy classified Agency documents toongressional or other investigation. The allegation may be attributable to the Agency's provision in5 of copies of classified documents concerning Guatemala to former Directors of Central Intelligence (DCIs) for background purposes in order to assist them in responding accurately to inquiries from the media and, in the case of former Deputy Director of Central Intelligence (DDCI) Richard Kerr, because certain of the events in question occurred while he was Acting Director.
A package of documentshronology of events and four classified documents relating to the Agency's role in Guatemala was sent to the former DCIs by courier, registered mail, or, in the case of former President George Bush, facsimile. All of the former DCIs confirm that the only Agency documents they received were those sent for background relating to Guatemala. They also state that they have not been asked by anyone to store or conceal classified Agency documents for any reason.
The Agency, including the Office oflnspector Generalas notified all employees of their obligations to safeguard and protect the integrity of all material maintained by the Agency on the subject ofocal point officer has been designated to maintain records that will ensure that complete and accurate responses are provided to official mquiries on this subject.
o evidence was found to indicate that anyone in the Agency has shredded, removed or destroyed classified documents, either originals or copies, in order to prevent their retrieval during an investigation of any type.
PROCEDURES AND RESOURCES
nterviews were conducted with then Acting Director of.
the Agency's Guatemala
DCI Security; Executivehief of the Executive
Director's (EXDIR)to the Deputy
Director for Operationsthen Acting DCI
Admiral William Studeman. The following former DCIs were contacted by telephone or facsimile: Admiral Stansneld Turner, Judge William Webster, Dr. James Schlesinger, George Bush, Robert Gates, and James Woolsey. Former DDCI Richard Kerr also was contacted. The documents regarding Guatemala that were sent to the former DCIs and former DDCI Kerr were reviewed, as were an IG tasking memorandum and Employee Bulletins instructing employees as to how information regarding Guatemala is to be handled and maintained
QUESTIONS PRESENTED
S. This investigation addressed the following questions:
Is there any indication that anyone in the Agency has sent classified documents relating to Guatemala to former Agency employees so that those documents would not be available to Investigators reviewing Agency activities in Guatemala? Was any basis found for such an aUegation?
the Agency taken appropriate steps to ensure that information of potential relevance to investigations of activities in Guatemala is being preserved and protected?
there adequate control of storage and final disposition of classified materials provided to the former DCIs and DDCI Kerr?
FINDINGS
IS THERE ANY JUDICATION THAT ANYONE IN THE AGENCY HAS SENT CLASSTFIED DOCUMENTS RELATING TO GUATEMALA TO FORMER AGENCY EMPLOYEES SO THAT THOSE DOCUMENTS WOULD NOT BE AVAILABLE TO INVESTIGATORS REVIEWING AGENCY ACTIVITIES IN GUATEMALA? WAS ANY BASIS FOUND FOR SUCH AN ALLEGATION?
n, The New York Times (Times) printed an article that described allegations by Congressman Robert Torriceui that the Agency, through its involvement with Guatemalan Army Colonel Julio Roberto Alpirez, was linked to the death in Guatemala0. citizen Michael DeVine. This article generated, among other things, numerous meetings at which Agency officialsariety of issues related to Guatemala. Several Agency officials recall one particular meeting, subsequent to the Times article, at which thereiscussion of the Torricelli allegations and mention of the fact that former DCIs were being asked for public comments on these issues. According to these officials, one attendee stated that former DCI William Colby hadtatement to the press that was inaccurate. During the discussion that ensued, the suggestion was made that the Agency provide background information to the former DCIs so that they would be able to respond in an informed manner when their views were solicited by the press.
Four of those present at this meeting, including then Acting DCI Admiral William Srudeman, recall that Studeman directed that background information be provided to the former DCIs. According to Vin Swasey, then Acting Director of Public Affairs, the Aclrniral asked that Swasey coordinate the creationackground irJormation package, and personnel from the Directorate of Operations Latin America (LA) Division volunteered to assemble the relevant documents.
None of the officials could recall the exact date of this meeting, but it would have had to have occurred sometime between the Marchimes article andhen the first background package was presentedormer DCI.
The package that was createdesult (Exhibit B) consisted oforiginals apparently remain in Agency records-of six items:
IA Press Statement on Deaths of Michael DeVine and Efrain Bamaca Velasquez5 three-page draft that was never released to the press;
Julio Roberto Aipirez in connection with the Bamaca and DeVine casesour-page document prepared by LA Division;
he DeVine Case: Additional Information on the Involvement of Guatemalan Military Officers in the Killing. Citizen Michael DeVineour-page October
A1 formal crimes reporl to the Department of Justice signed by then-General Counsel EHzabeth Rindskopf (Secret);
Briefing of Deputy Assistant Attorney General1 two-page memorandum prepared by then-Assistantor
Chief, LA Division; and
Chronology of the Bamacafive-page Office of African and LatinIntelligence Report, dated
Six former DCIs (Turner, Webster, Schlesinger, Bush, Gates, Woolsey) and one former DDCI (Kerr) were sent copies of this package. Two other former DCIs, Richard Helms and William Colby, declined the offer of the package. Helms said that he did not need the package because he had already been briefed by the Agency, and Colby declined, saying he did noturrent security clearance. Former President Bush was among the six and received the same package, followedote from Swasey that explained the reason for its creation. This was because Bush had not been on the original list of former DCIs-perhaps because he was thought oformer President rather thanormer DCI--who were to receive the package and was not alerted in advance, as were the others, to the Agency's intent at the time.escribes the means by which each recipient received thell seven of the recipients were contacted and asked if they had received any additional documents and if they had been asked to store or hide documents for any purpose. All answered in the negative. All seven confirm that theyackage similar to that described. None recalls receiving additional documents then or at any other time.
Executive Registry records include the packages that were provided to, and returned by, the four former DCIs (Turner; Webster; Schlesinger; Woolsey) who reside in the Washington area. Each of these packageseceipt signed by the recipient former DCI. The Agency was informed by former President Bush that his package had
been shredded after his review. At this writing, Executive Registry has no record of the final disposition of the packages received by Gates and Kerr. Gates said he is "pretty sure" that Agency officers who visited hirn returned the package to the Agency, but there is no indication they did so. Kerr says he believes he destroyed what he received, and that he will ensure that this is the case.
senior Agency officials speculate that the provisionbackground documents was the likely genesis of theat the President's press conference. DDCI Studeman states thatthink of no other Agency action that might have led to thehe thought that basing such an allegation on thefor the former DCIs wastretch."
Has the agency taken appropriate steps to ensure that information of potential relevance to investigations ofacuvitles tn guatemala is being preserved and protected?
On, Acting DCI Studemanetter from the Senate Select Committee on Intelligence that endorsed an IG investigationariety of Guatemala-related issues and requested that "all pertinent files be secured and that, when the Inspector General's report is completed, [CIAJ provide the committee thosen Employee Bulletin was issued by the Agency's EXDIR, Leo Hazlewood, onExhibit A) specifically mstructing Agency employees to complyust-issued National Security Council directive to preserve any records that may contain any information relevant to the review of certain events in Guatemala. That bulletin also indicatesfocal point" officer has been designated to coordinate the maintenance of records and responses to external inquiries dealing with the Guatemala issue.emorandum from the Inspector General on5 to key Agency officials asks that copies of all Agency information that may be relevantide range of Guatemala-related issues be provided to the OIG
Chief of the EXDLR'sis the senior Agency official assigned torocess tooordinated Agency response to official requests for briefings, information, and documents
on Guatemala. According to| |all requests are appropriately tasked and tracked, and responses are appropriately documented and catalogued. There is follow-up to ensure that all requests have been filled. His office receives copies of all requests for documents and the documents themselves, and these copies goata base in the Office of Congressional Affairs for retrieval as required.
documentary or testimonial evidence has been foundthat any Agency records are being hidden, destroyed,improperly disposed of in an effort to shield themrelating to Guatemala. Responsible Agency officialsno activity, other than the effort to inform former DCIs,possibly have led to such an allegation. In fact, contrary toby the reporter at President Clinton's press conferenceAgency was attempting to remove documents fromand scrutiny, the information sent to the former DCIsadditional copies of documents, the originals of whichavailable in the Agency.
Was there adequate control of storage and final disposition of classified materials provided to the former dcis and ddci kerr?
the course of this investigation several concernsthe policies and procedures for provision ofto the recipients in these circumstances. The concernsproper clearances and storage and control of classified material.anyenior official's clearance expires once thatthe Agency, unless maintained or required for other purposes.former DCIs, only Colby refused to accept the offeredthat he no longerlearance. No Agency official whoin the process argued that the former DCIs and DDCInot have been allowed to view the classified documentsclassified briefings, or pointed out that there is no mechanismtoemporary or extended clearance. The lack ofmechanism can likely be attributed to the fact that this is the firstofficials have been provided classified material oncale.
of the seven recipients of this package were located inD.C. area, and they received their packages via anor security representative who waited while the documentsand immediately returned them to the Agency. The three whoof the area-Bush, Gates and Kerr-received their packagesmail or by facsimile, and they retained theix packageswere apparently either destroyed or returned to the Agency.disposition of two of these packages remainsthe question of adequate storage of classified materialprior to the transmission of the documents, it appears thatwere stored in security approved safes. Although Gatessaid they believed their copies were returned or destroyed,not be certain that the documents had been properly disposedDCI security officer who faxed the documents to Bush, saysService officer who received them confirmed to him thatshredded after Bush read them. The DCI Executive Registry,materials that leave the Agency, has no record of theof these three packages.
CONCLUSIONS
No evidence has been found to indicate that Agency personnel are removing, hiding, shredding, or otherwise disposing of original classified documents relating to Guatemala to prevent their retrieval during an investigation.
There is no evidence to indicate that anyone in the Agency engaged in an activity to mail classified original documents to former Agency employees in order to conceal the documents from potential retrieval or scrutiny.
The activity most likely prompting the press conference allegation was the provision of the briefing package to the former DCIs.
sebret
hile no one questions the decision to provide classified background information to the former DCIs and DDCI Kerr, there was not adequate control of how classified material would be stored and either disposed of or returned to the Agency.
RECOMMENDATIONS
That the Office of Personnel Security (OPS) shouldrocedure to address the granting of clearances to former Directors of Central Intelligence (DCIs) or other former senior Agency officials, either on an ad hoc basis oretermined period of time, so that each such clearance wouldatter of record.
That OPS shouldrocedure to ensure the proper storage and control of classified material that is provided to any former Agency officials.
opy of this Report go to the DCI and the Intelligence Oversight Board, and that the case be closed.
CONCUR:
Frederick P.
Inspector General
BLANK PAGE
IGS
FOR:
FROM:
SU3JECT:
REF:
Director for Administration Deputy Director for Intelligence Deputy Director for Operations Deputy Director forechnology General Counsel
Director of Congressional Affairs Director of Public Affairs Executive Secretariat
Frederick P. Hitz Inspector General
Request for Documents Relating to Guatemala and the Deaths of Michael Devine and Efrain Bamaca Velasquez
Memo for IG fr ADCI, dtd Feb.S, Same Subject (ER
was asked by the Acting Director of Central Intelligence in5 to investigate the relationship between the Agency and Guatemalan Array Colonel Julio Roberto Alpirez. In light of recentave expanded that investigation to encompass CIA's knowledge of the deaths in Guatemala of Michael Devine and Efrain Bamaca Velasquez. In furtherance of theseequest that you provide this Office with all information in your organizations that may be relevant to these issues aa soon as possible, and, in any event, no latex than close of businesslease advise this Office in writing on that date of the status of your responses to this request.
Included in this request are:
of all relevant internal andconcerning Alpirez, Devine, orofficial and soft files, memoranda, letters, correspondence, communications,(including "opsriefing personal notes;
liaison, interaction and/orthis Agency, Department of Justice, theof Investigation, Department of State,
All portions a: classified SI
SUBJECT: Request for Documents Relating Co Guatemala
anc the Deaths of Michael Devine andBamaca Velasques
Department of Defense, National Security Agency, other federal agencies, and Guatemalan governmental entities regarding Alpirez. Devine, and Bamaca; and
c. All relevant liaison, interaction or communication between CIA and the United States Senate and tne United States House of Representatives, or any member or employee Lhereof.
aboVe lis'ed categories of materials include allrivacynd any other limited distribution materials.
responsive to this recjuest are toin their entirety as they appear in thewithout redaction or deletions of any kindStaff, I
as possible. Wff
remain as it appears on the original documents.
I am aware that relevant components have been wording with the Investigations Staff on the initial investigation and have been cooperating fully with the expanded inquiry. Several have already provided muchesponse to these retirements and these responses are greatly appreciated. Components continue, however, to be responsible for satisfying this reouest insofar as additional information is or becomes available.
The IG investigation team also will beumber of Agency officers and others. Please ensure that those callec upon to bs interviewed are made availableimely basis. To complete this investigationeasonable time, it may be necessary for the team to conduct interviews after regular hours and on Saturdays and Sundays Employees should bs made aware of these requirements.
. -h* requirements identified ia thiscrar.du--concinuing. Please ensure that the team is advisedf any new information that may be relevant this investigation, if there is any doubt in that rega: components should err or. the side of informinc us andg us the opportunity to determine relevanc..
SUBJECT: Request for Documents .Relating to Guatemala
and the Deaths of Michael Devine and Efrain Bamaca Velasquez
6. The principal Office of Inspector General points of contact for this investigation are Deputy Inspector General
SECRET
SUBJECT: Request for Documents Relating to Guatemala
and the Deaths oi Michael Devine and Efrain Bamaca Velasaue-
I"
995
Original11
Addressees ADCI
Executive Director IG Chrono
BLANK PAGE
EMPLOYEE
BULLETIN
A EB NO - SS
Preservation of Agency Records
The Agencyse received the followingthe Executive Secretary of che National
^"In li?hCChe Administration's ongoing review of the events surrounding the deaths of Michael Devin-and afrain Bacama in Guatemala, as well as any related matters, your agency, and all relevant subordinate components, are directed to preserve any agency record* that may contain any information relevant lo this review.
ensure the integrit the Agency on this issue, been designated the Agenc7 responses dealing with the Guat with Directorate officials,the maintenance of records ano wn inquiries. He can be reached on other Agency officials will be as
maintained by of ray staff has on records data and sue. In consultation
Wil1 coordinating
to external secure. Asrepare or
CLASSIFICATION
ULLETIN
EB
5
PRESERVATION OF AGENCY RECORDS
The Agency has just received the following directive from the Executive Secretary of the National Security Council:
In light of the Administrations ongoing review of the events surrounding the deaths of Michael Devine and Efrain Bacama in Guatemala, as well as any related matters, your agency, and all relevant subordinate components, are directed to preserve any agency records that may contain any information relevant to this review.
All Agency components will fully and completely adhere to this instruction.
To ensure thecjiaierifll maintainedAgency on thismy staff has
been designated therrt^on records datadealing with the Guatemala issue. In consultationofficials,be coordinating the
maintenance of records IfflrTJrTCTenresponses to He can be reached onsecure. As needed, other
Agency officials will be asked to^repare or contribute to individual Agency responses.
Leo Hezlewood Executive Director
CLASSIFICATION
BLANK PAGE
of the Director ^
"Si
omarlu&fat. ptU-jlu^-
U yuccdft**
)Tu
child) ltujl&jlup &-
A/I
BLANK PAGE
mi
Office of the Director
x
/f5
Friday. 5
Note For: President George 3ush
Swasey. Acting Director. Public Affairs
Staff. Central Intelligence Agency
Subject: Background Information on the Guatemalan Story
Admiral Studeman has requested that the attached information be sent to former Directors of Central Intelligence toetter understanding of the Agency's actions regarding the deaths of Michael Devine and Efrain Bamaca Valesquez. The unclassified press release (enclosed) has been put on hold, and should only be used as background information. It is based in large measure on the chronology prepared by the Directorate of Operations, also included in this package. To some extent the press release has been overtaken by events as Admiral Studeman will be testifying in open session before the Senate Select Committee on Intelligence this comingpril. He will no doubt draw heavily from this information.
As you read through thiselieve you will see that thereealth of misinformation in the media. The material should help put your mind somewhat at ease, though this will continue toery troubling issue for some time to come. an be of further assistance pleas* call. an be reached onl
BLANK PAGE
a base at Popcun in the Pecen.
S Citizen Michael Devine is found murdered near his home in Peten Department.
lpirez is reassigned from the Peten co San Marcos, another remote command.
emo Dissem on Alpirez involvement in Devine's murder disseminated to community.
ark Richard, Deputy Assistant Attorney General for Criminal Division was briefed on the Alpirez involvement in the Devine murder by Latin America Division. Also at the briefing were CIA Generalel and Deoutv General Counsel. Mr. Richard adviseseview for" Department of Justice (DOJ) jurisdiction in the matter would be conducted.
etter from OGC to .DOJ.
Efrain Bamaca, ORPA commandante captured inDepartment. Bamaca is in good condition, despite ato thedisclosed
information aboutand traininc for ORPA guerrillas.
reported that unidentified claimed the Army held members ot the UKMi in clandestine jails and coerced them to work against their former comrades. believed the accounts of two former URNG members who testified they saw Bamaca alivelandestine camp.
apcrted that
former Army specialists Francisco Solobal and Tiburcio Hernandez, bothyear sentence for their role in che murder of Michael Devine, publicly claimed they had engaged in Army-run death squad activity and had information on clandestine cemeteries and jails.
lamaca arcer tne guerciiia's cap inealth. claimed Bamaca was subsequently taken away by military intelligence officers from the Armed Forces General Staff. He claimed he never saw Bamaca again.
(Santiago Cabrerauerrilla who was in ten March Lpyl ana2 claimed chat he saw Bamaca alive atQS (San Marcos) in2 and that he was warned by Alpirez not to talk about, what he had seen.
Bamaca had been slightly wounded ana cooperated with his military intelligencelthough information about arms caches later proved to be false. Inamaca reportedly was taken awayelicopter and never seen by aoair..
|reportec g
ica had been capcured
in Marchut tnat he is now dead. The officer who reportedly took charge of the interrogations, was Colonel Julio Roberto Alpirez, then-third commander of Military
[offered no information on how Bamaca died. In lace4 said that Bamaca had been captured alive and believed he was stilleeks later.
subsequently lost track of the case, but believed Bamaca had been killed.
- -4 thereported that
aid tnacuuacejffl^intrQTritaryami with the Bamaca case noted that he had been captured alive, held and interrogated for about one month, but is now dead. The exact
circumstances of his death are unknown.
has no firsthand evidence to confirm Barracans ceaci
-- li the Guatemalan Human Rights Ombudsman Office submitted its final report onday investigation into the Bamaca case. The Office concluded that Bamaca was not found to be detained by any Guatemalan officials or the security forces, but that it could not determine whether Bamaca was alive or dead.
review of the
Guatemalan press in March lyyTreVeaTe^^TiumSer of articles nbc*it an encounter betweenyr Nuevo San Carlos on2he incident which involved Bamaca. The articles referuerrilla casualty left on the field, and one paper claims the "leader of the group" was killed. These press reportst further identifv -ha uerriila.
On: reportedecember learnec "it was known within
was killed by Colonel Julio Roberto Alpirez, Military Zone 18 (San Marcos:
ear:
Chat y" tnat Bamaca third commander of
KEHORAKDUH FOR: Assistant to the President for National Security Affairs Assistant Secretary of State for Inter-Anerlcan Affairs
Assistant Secretary of State for Intelligence
and Research Director, Defense Intelligence Agency Director, Federal Bureau of Investigation Kanager, Justice Coaaand Center
UARHIKC: INFORMATION REPO.RT, MOT FINALLY EVALUATED INTELLIGENCE
Devlne Case: Additional Information on the
Involveoent of Guateaalan Military Officers in the Killing. Citizen Hlchael Devlne
B
in earlyn individual with direct: of the Incident reoarked that Guateoalan soldiers froa the Military Intelligence Officef Military ZoneHZ
eadquartered In Santa Elena, Peten Department, Mere ordered In0 to arrest and. citizen Michael Devlne on suspicion of having in histolen Guatemalan. Amy rifle, allegedly sold to hla by an Any deserter. HZommander Colonel Mario Roberto Garcia Catalan ordered Captain Hugo Contreras, an officer attached to, toumber of enlisted een to the area of Poptun, locate Devlne, and recover the Galll rifle. (Source Coaoent: Garcia had earlier been biased for the loss of other weapons under sinllarerious black aark on his record.)
B
Contreras arrested Devlne and took hla to the Hllltary Base at Poptun, Peten Department, which Is the training ba.se of the elite "Kalbll" unit and was then under the coaaand of Lt. Colonel Julio Roberto Alplrez. Alplrez, aaorig others, was present when Contreras Interrogated Devlne. iolent nan with an explosive teaper and well known for his brutality,oncho around Devlne's head, allowing hln to breathe froa tlee to Although Contreras had apparently not been ordered to kill Devlne, he died either froa suffocation or heart failure. After he died, the body was takenruck backighway near his home where It was placed In the road. The Guatemalans did not recover the rifle which allegedly was In Devlne's possession. (Field Coaaent: The wound found on Devlne's neck aay have been Inflicted to hide evidence or the suffocation described In this account.)
b tt. Colonel Alplrez, now posted ateadquartered atV) in San Marcos Departaent, Is an extreaely violent aan who has murdered guerrilla prisoners In the past. He recently has been observed engaging in bizarre behavior, such as walking through the town where he.Is currently stationed, exposing hlBself, and firing weapons In the air. Coldnel Garcia, the officer who ordered Captain Contreras'to arrest Devlne,ersonality similar to that of Alplrez and also has murdered guerrilla prisoners. Colonel Gulllermo Portlllo Gomez, the second In coaaand of KZt the time of the eurder, alsoiolent person.
Following Devlne's nurder, Alplrez made anin which ne adaIttM[h? crUp ^
carefully shielded his own participation. Minister of Defense General Luis Enrique Hendoza Garcia, incensed by Alplrez' stateaent which, if acccurate, pointed to Amy Involvement In the kilting, ordered Alplrez to retract It. Alplrez refused to Co so
unlessritten order. Hendoza then reooved Alpirezcommand or the training Case and sent hin to apost in San Harcos. Alpirez then thought better ofand requested peroission to retract the statementeaalned posted to San Harcos. Minister,Hendoza Is responsible for blocking all effortsthe killing,'believing that he is defending thean
CENTRAL INTELLIGENCE AGENCY WASHirHSTON. OC
ol Gane'ai Counsel
I'J Novc:nbci"!
The Honorable Mark H. Richard Deputy Assistant "Attorney General Criminal Division Department of Justice.
Dear Mr. Richard:
am wcitina.fc? You pursuant to) of Executiveo report lncocraaticr.ossible viol*tici of federal criminal law. (u>
This Agency has recently received new information regardina the riesch. citizen Michael Devine in Guatemala in June his new information is at variance with information pteviouilv'
to the Desactmenc of Justiceceueral bureau ot Investigation in
The new information In fact indicates tmt
in October,
CnSt Liiu wnandef ol the (Juateraslan Tralnin; Base at Poptun, Peten Department. Lt. Colonel Julio Roberto Alpirez.
| that in June. 0 soldiers from the.
Intelligence Officef Military Zone. headquartered in Santa Elena. Peten Department, were ordered to arrest and interrogate Devine on suspicion of having in histolen Guatemalan Army rifle, allegedly sold to him by an Army deserter.
MZoneander Colonel Mario Roberto .arcia Catalan ordered Captain Hugh Contreras, an officer attached to, toumber of enlisted men to the area of- Poptun, locate Devine, and recover the Calil rifle. ieTj
Istated
TT^Tn^mijTtTryhase in Poptun, which is the training base of tJieel^e'JC^bn'^nit, then under Alpirez'
present when Contreras
command.
may haveth^ Lyf*
eced Oevine and that dur tngteon, Contsoundead - Ouring this interrogation,e died, apparently from hea rt failure oc suf focat ion. Afied, the body was takencuck backighway near Oevine home where it was placed in the road
ement in wmcn aspects of he crime, though not histhe Guatemalan Minister ot
Defense, General Luis Enrique Mendoza Garcia objected to Alpirez1 statement and ordered Alpirez to retract it- Alpicez refused to retract the statement and was transferred to another post- He has since reportedly attempted to retract the statement.
information in this report has been disseminated to select agencies of the Intelligence Community in
and risk
Community dissemination. is the focal point for any concerning this matter.
Because of the particularly sensitive nature of the information because the Agency believes that the sources' lives could be at were it revealed that they had provided information to. Government which implicated Guatemalan military officers in the death of pevine, information tending to identify the sources,: in this report, was not included in the Intelligence
of this office er information you may require
Sincerely,
Elizabew R, Rindskopf General Counsel
ovember 1
general Counsel
Bciefing of Deputy Assistant Attorney General
MEMORANDUM FOR: Chief, Latin America Division FROM:
SUBJECT:
1. On Mondayriefed
Mark Richard, Deputy Assistant Attorneyor Criminal Division on the new information developed in the Devine case. The briefing was held in the CIA General Counsel's office. Also in attendance were the CIA General counsel and Deputy General counsel
iron the Oeputy Attorney General's
death ofhinstated
briefing. jiv". v_icha.ro indicated the
2. We informed Richarc that we wished to bring to attention information recently developed regarding the American citizen Michael Devine, in Guatemala. We new information indicated Devine had been arrested Guatemalan military and died duringilitary officer
isc he nad been present due interrogation, no names were mentioned during the cciu mcnsi'c zr.ac ciisi :iac ocH-recently disseminated intelligence report.
would prefer not outlining the facts made to deliver the
tefce the letter we hac prepared for him with hin at that time and arrangements were letter tc Richard at his office.
jurisdiction only if the Attorney General has reason to believe ti-et tne murder was ir.zzr.vtzcoerce, zovernment orcivilian population.") olc Sichar that ouraf that the oilitarv attestsc"o
SUBJECT: Briefing of Deputy Assistant Attorney
recover an army rifle and that we had no information indicating whether there were any political overtones to the arres; and killing.
DO/LA/LGL
4. Richard said that he would reviewiles to" determine whether Devine was involved in any political activities inGuatemala that could be related to his arrest and murder. Based on Richard's doubts. jurisdiction, it is likely Justice win not actively pursue the matter at this tine, unless they have independent evidence indicating that Devine's murder was politically motivated.
Distribution:
ddressee
-
1 - LA/LGL SIGNER
Secret
Guatemala: Chronology of the Bamaca Case (U)
anuary, |
Guatemalan^
'it was known within the senior ranks of ihe Array" dial Bamaca was killed by Colonel Julio Roberto Alpirer, third commander of Mililary ZoneSan Marcos) at ihe tirae of Baraaca's capture. The government official spore in5 wit jnfirmed the allegation.
Onanuary,review of Guatemalan
press for2umber of articles about an encounter between the Army and ORPA guerrillas near Kuevo San Carlos onarchincident in which involved Bamaca. The articles referuerrilla casualty left on the field, and one paper claims the "leader of the group" was killed. The press reports do not further identify die dead guerrilla.
Aanuary Embassy report says the Guatemalan Human Rights Ombudsman Office4 submitted ils final report onday investigation into the Bamaca case. The Office concluded that Bamaca was not found io be detained by any Guatemalan officials or the security forces, but that it could not determine whether Bamaca was alive or dead. The Embassy notes that (he interviews conducted by the Office appear to have been "very perfunctory and superficial".
Sgirel
4
i i
Bamaca had been capruied alive inut tnatheisnow dead. He slated that the officer who took charge of the interrogation was Colonel Julio Roberto Alpirez, then-third commander of Mililary Zone
had beenand cooperated wiih his military intelligencenformation about arms caches later proved to beamaca reportedly was taken awayelicopter andby the junior officer again..
observed military intelligence personneTinrowTvcgueaillas from helicopters into the ocean, and suggested this may have happened to Bamaca.
In early
numberguerrillas on its payrollcapture,
rebels arehoice: cither couaooraie^vunrniularyintelligence against former comrades or be summarily executed and buried in an unmarked grave.
methods have been used by ihe Army sinceand continue to be employed despiteof human rights activists.captured
the exception ofraoeaoeTon7ih^ncdia for propagandainterrogated for tbeir intelligence value, and in the majority of cases arc then failed and buned. As to Bamacas
|' does not have theliowever, the Army should turn
Bamaca, or his remains, over to Jennifer Harbury in order to end the media attention the case is receiving.
i on
mii versathan from
personal experience-stated' in Marchtaken to military
Inefense Enriquez gave ve identify clandestine
Baroaca's capture was viewedreat success by the government because at the tune he was the only important indigenous guerrilla leaded
that Minister of miliiary zone commanders io inteUit
^crel
Bamaca | capture.mat Bamaca subsequently was taken away by unidentified military intelligence officers from the Armed Forces General Staff; the senior officer claims he never again saw Bamaca or heard anything about his whereabouts or status.
reportedly implied to his confidanfthat Bamaca was in good,excellent, health at the time of his capture. I
expressed the personal opinion that even ii Bamaca was dead, the government and the military would not turn over his remains because they would then be openlood of requests for die remains of other victims of the long and bloody civil war.
early.ormer Array specialists (senior enlisted troops) Francisco Solobal and Tiburcio Hernandez, bothyear sentence for their role in the murder of US citizen Michael Devine, publicly claimed
they had engaged in Array-run death squad activity and could provide
information on clandestine cemeteries and jails. I
Bthe Guatemalan National Defcnse^tan^vonTeathat^uch allegations even it notdamage the Array's imageime when
it was making great snides in improving its reputation,enior counterintelligence officer to meet with the imprisoned specialists; these ex-soldiers subsequently adrairted to having exaggerated claims of havi participated in 'death squad" activity.
fen raid-Mav
iuatemala
;portedly believed the accounts of the two URNG members who testified that they saw Bamaca alivelandestine carapJ
S/cret
reportedly stated that Bamacaould neither confirm nor deny the allegation.
that Bamaca had been cat wound to the arm.
^icpo'.xcd in early March red and was in good conditionight ports Bamaca was treated well by the Array,
that Bamaca continued to cooperate with the Array, and that news of his capture likely would be kept secret by the Array, which might even claim he was killed in action.
Means of Delivery and Final Disposition of Documents Delivered to Former DCIs
Admiral Stansfield Turner: Delivered by DCI couriers onarch.
Adm. Turner read and returned.
Judge William Webster: Delivered by DCI couriers onarch.
Judge Webster read and returned.
Dr. Jamesby DCI couriers onarch.
Dr. Schlesinger read and returned.
Richard Kerr:
. Postal Service registered mail onarch to Kitty Hawk, NC. Registered return receipt requested.
George Bush:
Mr. Robert Gates:
Mr. James Woolsey:
Mr. William Colby: Mr. Richard Helms:
. Secret Service in Houston, TX,overing memo faxedhredded after reading.
Mailed. Postal Service registered mail.
| Mr. Gates said he "knew how to take care of it" and would return it onpril when DCI Security was to visit. Decision to send made by DCI Security.pril to Mt. Vernon, WA. No record of final disposition.
Delivered by DCI Security onr. Woolsey read and returned.
Did not have clearances-did not receive copy.
Was briefed and did not see need to receive documents.
Original document.
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