BACKGROUND ON MICHAEL DEVINE AND EFRAIN AMACA VELASQUEZ CASES

Created: 12/28/1994

OCR scan of the original document, errors are possible

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DEC 91

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WELL OUTLINE THE BACKGROUND ON

THEDEVINE J)VELASQUEZ CASES; THE TWO HOST CELEBRATED HUMAN RIGHTS CASES AT PLAY IH GUATEMALA TODAY. ANOTHER HUMAN RIGHTS CASE OF NOTE INVOLVES0 KILLING OF HUMAN RIGHTS ACTIVIST MYRNA oMORE RECENT DEVELOPMENTS IN THIS CASE INCLUDE THE SUPREME COURT'S CONFIRMATION OF THE TWENTY-FIVE YEAR SENTENCE GIVEN TO THEORMER GOVERNMENT SECURITY OFFICIAL. THE COURT ALSO LEFT LEGAL PROCEEDINGS OPEN ACAINST SENIOR HILITARY OFFICERS WHO ARE LARGELY VIEWED AS THE INTELLECTUAL AUTHORS OF THE MURDER.

DATE: 3

THE THRUST OF CURRENT USG EFFORTS IM GUATEMALA IS TO PRESSURE BOTH ARMY AND GOVERNMENT OFFICIALS TO PURSUE IN GOOD FAITH THE RESOLUTION OF PENDING HUMAN RIGHTS CASES SUCH AS DEVINE AND BAMACA. PRESIDENT (fo.DEAND GUATEMALAN MILITARY OFFICIALS HAVE TAKEN DELIBERATE STEPS TO EFFECT REFORM WITHIN RESPECTIVE INSTITUTIONS IN EFFORT TO MINIMIZE HUMAN RIGHTS VIOLATIONS AND END IRREGULAR

<RACTICES SANCTIONED IN THE PAST.

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REGARDING "CREDIBLE ALLEGATIONS OF RUMAn RIGHTS ABUSES ON BEHALF OF THE HILITARY" HOST LIKELY REFERSHE POLICY OF FORCED RECRUITMENT BY THEXTRA-JUDICIAL ACTIVITIES OF THE MILITARY-SUPPORTED CIVIL DEFENSE PATROLS (PACS). THESE TWO ISSUES HAVE BEEN THE FOCUS OF MUCH PUBLIC DEBATE. PRESENTLY, PROCRAMS OF FORCED RECRUITMENT ARE NO LONGER ACTIVE. HOWEVER, PAC ACTIVITIES HAVE YET TO BE FULLY CONTROLLED DUE TO THEIR UTILITY TO THE

MHMI IN CUMDAIINGUOVbUNfltNl tUrtLtSt OUTLYING AREAS WHERE THERE IS VERY LITTLE OR HO MILITARY PRESENCE.

] THE THIRTY PLUS YEAR INSURGENCY CONTINUES WHEREBY BOTTGUATEMALAN NATIONAL REVOLUTIONARY UNION (URNG) INSURGENTS AND GUATEMALAN ARMY PERSONNEL SUFFER CASUALTIES ON AN ALMOST WEEKLY BASIS. ESULT, PRESSURE FROM HARDLINE ARMY PERSONNEL WHO OPPOSE URNC AND INTERNATIONAL DEMANDS AT THE ONGOINC PEACE NEGOTIATIONS LEND SUPPORT TO THE ARMY LEADERSHIP'S POSITION OF NOT REVEALING POSSIBLY DAMAGINC DETAILS OF THE HUMAN RIGHTS CASES IN QUESTION, WHICH IN TURN WOULD AID THE URNG AIM TO DISCREDIT THE ARMY. AT THE SAME TIME, THE HILITARY LEADERSHIP REALIZES IT MUST CONTINUE REFORM EFFORTS, COME TO TERMS WITH THE URNG AND INTERNATIONAL COMMUNITY, AND MORE EFFECTIVELY TURN FOCUS TOWARDSOST-INSURGENCY GUATEMALAN ARMY. THE URNC LEADERSHIP BASED IN MEXICO HAS BEEN VERY SUCCESSFUL IN CONVEYING THEIR POSITION TO THE INTERNATIONAL COMMUNITY AND USING THE HUMAN RIGHTS ISSUEEGOTIATIONS PLOY. AS OF LATE HOWEVER, UNITED NATIONS AND INTERNATIONAL OFFICIALS HAVE CRITICIZED THE URNG LEADERSHIP FOR REBUFFING RECENT GOOD FAITH EFFORTS ON THE PART OF THE GOVERNMENT PEACE COMMISSION.

J M SUM, HUMAN RIGHTS ABUSES HAVE BEEN AND CONTINUEBY BOTH THE GUATEMALAN SECURITY FORCESGROUPS. IN THE CURRENT POLITICALLYTHE ARMY WILL, IN ALL PROBABILITY, NEVERDISCLOSURE OF SELECTED HUMAN RIGHTS CASES. INTHIS -WOULD INEVITABLY LEAD TO ALL OUTOF THE INSTITUTION AND EVENTUALLY, ITSWELCOMES FURTHER HQS CLARIFICATION ON

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