Communications received

186. By letter dated 18 December 2000, the Government of Guatemala informed the Special Representative about the cases of Asociacion Mujer Vamos Adelante (AMVA) and of

Mr. Celso Balan Argueta. Regarding the AMVA case, the Government reported that information would be sent as soon as possible. Concerning Mr. Balan Argueta, further information was sent by the Government in a letter dated 12 October 2001 in which the Government reported that the investigation has been in the hands of prosecution service No. 1 of the Chimaltenango Public Prosecutor's Office and the criminal investigation service of the National Civil Police. As for prosecutions, the Government informed the Special Representative that the perpetrators had not yet been identified. On 11 December 2000, the prosecution service had pointed out that the file had been provisionally closed on 21 October 2000, as it had not been possible to identify anyone involved, although photofit pictures had been produced. In addition, the Government indicated that upon learning of what happened to Mr. Balan, the National Civil Police had provided him with appropriate protection and no further moves against him had been reported since then. The file on the case had been provisionally shelved, but if any new information led to the identification of any assailants, it would be brought to the attention of the Special Representative.

187. The Government sent a reply on 14 March 2001 regarding the case of Mr. Mynor Melga, which was transmitted by the Special Representative on 24 January 2001. The Government stated that the Identity Card Office's report on the fingerprint analysis indicated that they were all those of Mr. Hugo Antonio Arias Monzon, who has a record of arrest for various criminal offences. As a result, on 5 February 2001, the Fifth Chamber of the Criminal Court of First Instance issued a warrant for the arrest of the main suspect on the charge of aggravated robbery. According to the Government, the Robbery Squad has kept the residences registered in the main suspect's name under surveillance with a view to serving a warrant. Once it has done so, the suspect will immediately be brought before the court that issued the warrant so that he may be charged with the corresponding criminal offence. Specific instructions have been issued to the Robbery Squad of the Criminal Investigation Service to take all necessary lawful action to arrest the suspect and thus enable a final report to be established on the case.

188. By letter dated 7 April 2001, the Government of Guatemala informed the Special Representative concerning the case of the Centro de Estudios, Information y Bases para la Action Social (CEIBAS), which was transmitted by the Special Representative

on 21 March 2001. On 29 March 2001, Comision Presidencial Coordinadora de la Politica del Ejecutivo en Materia de Derechos Humanos (COPREDEH) officials visited CEIBAS headquarters and talked to Ms. Yolanda Estreda, the secretary of the organization. She said that when she had arrived at work on 12 March 2001 she had found that the offices had been raided

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and that the intruders had stolen office and computer equipment. The Government further reported that, on 13 March 2001, a complaint was submitted to the Administrative Centre for Crime Management. The First Court of Criminal Proceedings and Environmental Offences transferred the complaint to the Public Prosecutor's Office since it involved a punishable act and not a habeas corpus action as the petition stated. According to the Government, security measures were in the hands of Police Station No. 3, which covered the area in which the headquarters of CEIBAS are located. The CEIBAS staff told COPREDEH officials that they did not want bodyguards, patrols of the premises being sufficient. COPREDEH requested both the Attorney-General and the Director of the National Civil Police to expedite such procedures as might be necessary to ensure the efficient investigation of the incidents and to prevent any others that might in any way adversely affect CEIBAS personnel.

189. Por carta de fecha 13 de diciembre de 2001, el Gobierno de Guatemala informo respecto al caso del Sr. Waldemar Barrera. El Gobierno establecio que el Sr. Waldemar Barrera no ha presentado denuncia por las amenazas de que fuera objeto ante ningun organo y que no desea que las autoridades le brinden seguridad. No obstante, el Gobierno aseguro que de manera periodica se realizaban rondas en las cercanias de la sede de la Auxiliatura Departamental.

190. Por carta de fecha 19 de diciembre de 2001, el Gobierno de Guatemala informo respecto al caso de la Sra. Matilde Gonzalez Izas. El Gobierno indico que por el momento se estan investigando las placas de los vehiculos que fueron denunciados en este caso. Asimismo, el Gobierno establecio que en varias oportunidades se ha tenido comunicacion, por via telefonica, para establecer la forma de brindarle la seguridad que es necesaria para proteger la vida e integridad de la Sra. Gonzalez Izas y de su familia, pero no se ha tenido respuesta alguna, ya que las reuniones establecidas por via telefonica no se han podido concretar.

191. Por carta fechada 27 de diciembre de 2001, el Gobierno de Guatemala informo respecto al caso del Sr. Gilberto Gomez Limon. El Gobierno aseguro que la agresion fue consecuencia de un problema entre particulares y sin trasfondo politico, y que el agresor fue consignado por los agentes de la Policia Nacional Civil despues de ser esposado.

Observations

192. The Special Representative thanks the Government of Guatemala for its detailed replies. Following her request to visit Guatemala sent on 27 April 2001, an official invitation was extended to the Special Representative on 17 May 2001. Several proposals as to dates were exchanged between the Special Representative and the Government. In the end, owing to unexpected commitments and a heavy schedule, the Special Representative was not in a position to undertake the visit during 2001. She hopes to visit Guatemala in the course of 2002.

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