DEVELOPMENTS IN THE BAMACA CASE

Created: 12/1/1994

OCR scan of the original document, errors are possible

SUBJECT: DEVELOPMENTS IM THE BAKACA CASE

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A. PHYSICAL SEARCH: ONOVEMBER, REPRESENTATIVES OF THE HUHAN RICHTS OMBUDSMAN'S OFFICE AND THE UNITED NATIONS HUNAN RICHTS VERIFICATION MISSION (HIMUCUA) CONDUCTED SURPRISE SEARCHES OF GUATEMALAN ARMY AND POLICE POSTS FOR FORMER REVOLUTIONARY ORGANIZATION OF PEOPLE IM ARMS (OSPA) COMMANDERVELASQUEZ. THEY DID MOT FIND AMY EVIDENCE OF BAHACA IN ANY BASES OS STATIONS.

8. COUNTERATTACK: ON THE SANE DAY. THE GUATEMALAN ATTORNEY GENERAL,MOLINA, BROUGHT UP ON CHARGES OF MAKING UNSUPPORTED ACCUSATIONS ACAINST THE

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GUATEMALAN GOVERNMENT THE. CITIZEN WIFE OP 3AHACA. HARBURY)). (oFiaO COMMENT: THE CHARGE, CALLEDIS SIMILARLANDER CHARGE. HARBL'RI WASERIOO OPAYS TO PRESENT HER EVIDENCE THAT THE GOVERNMENT IS HOLDING BAHACA.) UATEMALAN JUDGE TEMPORARILY LIFTED THE NOTION FILED BY VAI.LADARES. EW HEARING ON THE VALLA DA RES "JACTANCIA" NOTION HAS BEEN SET FOR ANUARYVALLADARES HAS STRONGLY OPPOSED THE DELAY. HARBL'RI IS BEING ALLOWED TO STAY IN GUATEMALA FOR AS LONG AS SHE IS PRESSING THE BAMACA CASE THROUGH THE GUATEMALAN LEGAL SYSTEM. GOVERNMENT OFFICIALS HAVE HINTED THAT SHE WILL BE DEPORTED IF SHE ENGAGES IN FURTHER "POLITICAL" ACTIVITIES, LIKE HER RECENT HUNGER STRIKE.

C. LEGALISTIC WRANGLING: ECEMBER, HUMAN RIGHTS OMBUDSMAN JORGEOTION OF LT*CON5TITUTIONALITT AGAINST THE SUPREME COOKT, WHICH HAD CEMANDEO HIS OFFICE INVESTIGATE THE DISAPPEARANCE OF BAMACA. fUPJKOHMENT: THE SUPREME COURT IJ ORDERE CM EARLY TO MlO-wOVEMBER. NOT HAVE THE DATE ON HAND.) IN HIS NOTION, CARCIA SAID THAI* THE OMBUDSMAN IS NOT ANSWERABLE TO THE COURTS. HE WAS SUPPORTED BY GUATEMALAN REPUBLICAN FRONT (FRG) CONGRESSMAN AND LAWYERROJAS, WHO POINTED OUT THAT THE CMBUDSKAH WORKS FOR THE COHGRESS. NEVERTHELESS,ECEMBER, GARCIA TURNED IB TO THE SUPREME COURT THE RESULTS OF HIS BAMACA INVESTIGATIONS UP TO THAT DATE. THE REPORT NOTED THAT THE OMBUDSMAN'S OFFICE HAD NOT BEEN ABLE TO DEVELOP INFORMATION ON THE WHEREABOUTS

OF THE FORMER GUERRILLA SUB-COMMANDER.

COMMENT: ACCpRDINCEMO

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INTERVIEWED ARMY OffICERS ABOUT BAHACA. THEY ARE GETTING

SIMILAR ANSWERS FROM EVERY OFFICER THEY TALK TO, SUGGESTING the OFFICER CORPS HAS BEEN COACHED TO PROVIDE AN "APPROVED"

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THAT THE GUATEMALAN ARMY Via NEVER ADMIT THAT IT'CaTTURED BAMACA ALIVE, ALTHOUGH IT IS NOW ALMOST BEYOND DISPUTE THAT THE ARMY DID CAPTURE KIK, AND PROBABLY EXECUTED KIN AFTEROUTLIVED HIS USEFULNESS. TO HAKE ANT ADMISSIONS IN THE CASE JOULDAIL OF INTERNATIONAL AND NATIONAL CRITICISM THAT WOULD MAKE THE CURPENT BAMACA CASE FUROR LOOK PALE BY COMPARISON.)

Original document.

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