30 November 2004
UA 326/04   Fear for Safety

GUATEMALA   Nineth Montenegro (f) and her family

Congress member Nineth Montenegro has received a death threat, which appears
to be linked to her work investigating corruption among high-ranking
military officers. Amnesty International believes that she and her family
are in  danger.

Nineth Montenegro is the Chair of the Congressional Commission on Human
Rights. She has been investigating government spending from 2000 to 2004,
and has discovered that over a billion quetzals (US$133 million) has been
embezzled from the budgets of the Ministry of Defence and two other military
institutions. On 23 August she filed a complaint with the Public Ministry,
which prosecutes criminal cases, accusing senior military officers of
embezzlement and corruption, including Colonel Raul Cerna, the former
Financial Head of the Estado Mayor Presidencial (EMP), Presidential High
Command.

On 22 November, a man approached a member of the human rights organisation
where Nineth Montenegro's husband works, and told him, "algo grande en
contra de Nineth o su familia iba a ocurrir antes de fin de ano", "something
big will happen to Nineth or her family before the end of the year."

Colonel Raul Cerna had not been seen since April 2004. His body was found
recently: according to the press he had been poisoned, and died on 12 April.
The public prosecutor's office began an investigation, but stopped it
without giving any reason. The authorities identified and buried the
colonel's body, but gave his family no information on his death. The
Minister of Defence
claimed that the colonel had simply deserted. In the complaint filed with
the Public Ministry, Colonel Raul Cerna was accused of involvement in the
embezzlement of 250 million quetzals (US$33 million) from the EMP budget. It
is feared that he was killed to prevent him implicating others.

BACKGROUND INFORMATION
Human rights activists have long been under attack in Guatemala, but this
has intensified since 2000. Those attempting to expose the connections
between organised crime and the State have been especially targeted.  On 7
January 2004 the United Nations signed an agreement with the government to
create the Comision de Investigacion de Cuerpos Ilegales y Aparatos
Clandestinos de Seguridad (CICIACS), Commission for the Investigation of
Illegal Bodies
and Clandestine Security Apparatus. These "illegal bodies" are criminal
networks that include serving and retired military and police officers as
well as common criminals. They attack human rights activists and others, who
might expose the activities of politically powerful figures involved in
illegal activities.  Opponents of the CICIACS agreement have sought to
undermine it by arguing that parts of it are unconstitutional. Despite de
Constitutional Court opinion declaring parts of the CICIACS agreement
unconstitutional, the government promised to move the process forward.
Almost a year after the January agreement, CICIACS has yet to be
established.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- calling on the authorities to provide meaningful protection to Nineth
Montenegro and her family;
- calling for a prompt, impartial and exhaustive investigation into the
death threat received by Nineth Montenegro on 22 November, with the results
made made public and those responsible brought to justice;
- asking the authorities to carry out a full, prompt and impartial
investigation into the killing of Colonel Raul Cerna, to publish the results
and bring those responsible to justice;
- urging the authorities to secure the creation of an effective independent
mechanism to investigate and prosecute illegal groups operating in
Guatemala.


APPEALS TO:
President of the Republic of Guatemala
Presidente de la Republica de Guatemala
Licenciado Oscar Berger Perdomo
Casa Presidencial, 6 a. Avenida, 4-18 zona 1.
Ciudad de Guatemala
GUATEMALA
Fax:  011 502 2221 4423 / 2239-0090
Salutation: Excelentisimo Sr. Presidente/Dear President Berger

Attorney General
Fiscal General de la Republica y jefe del Ministerio Publico
Juan Luis Florido
8a. Avenida 10-67, Zona 1
Antiguo Edificio del Banco de los Trabajadores,
Ciudad de Guatemala
GUATEMALA
Fax:  011 502 2251 2218
Salutation: Estimado Fiscal General/Dear Sir

Minister of the Interior
Ministro de Gobernacion
Carlos Vielman
6a.Avenida 4-64, zona 4, nivel 3.Ciudad de Guatemala.
GUATEMALA
Fax:  011 502 2362-02 37
Email:       ministro@mingob.gob.gt
Salutation: Senor Ministro/ Dear Minister

COPIES TO:
Mutual Support Group
Grupo de Apoyo Mutuo
8a Calle 3-11 Zona 1
Ciudad de Guatemala
Guatemala
Fax:  011 502 2220 0606

President of the Congress
Presidente del Congreso
Francisco Rolando Morales Chavez
Palacio Legislativo
9ª Avenida 9-44, Zona 1
Ciudad de Guatemala
GUATEMALA
Fax:  011 502 2220 4024
Email: congreso@congreso.gob.gt

Ambassador Jose Guillermo Castillo
Embassy of Guatemala
2220 R St. NW
Washington DC 20008
Fax: 1 202 745 1908
Email: ambassador@guatemala-embassy.org


Please send appeals immediately. Check with the Colorado office between 9:00
am and 6:00 pm, Mountain Time, weekdays only, if sending appeals after
January 11, 2005.

Amnesty International is a worldwide grassroots movement that promotes and
defends human rights.

This Urgent Action may be reposted if kept intact, including contact
information and stop action date (if applicable). Thank you for your help
with this appeal.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: uan@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax:     303 258 7881

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END OF URGENT ACTION APPEAL
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