Case N° GUA/02 - AMILCAR MENDEZ - GUATEMALA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 159th session
(Beijing, 21 September 1996)

The Inter-Parliamentary Council,

Having before it the case of Mr. Amílcar Méndez, a member of the Parliament of Guatemala, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the "Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians",

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/159/11(a)-R.1), which contains a detailed outline of the case,

Taking into consideration the documents transmitted by the President of the National Group of Guatemala on 9 August 1996,

Also taking into consideration the information supplied by the source on 11 April and 18 July 1996,

Considering that Mr. Amílcar Méndez, deputy for the New Guatemala Democratic Front (FDNG), has received death threats on several occasions, most recently on 10 April 1996, in the form of letters signed by a death squad calling itself "Jaguar Justiciero" (the justice-dispensing jaguar) accusing him of being a communist; that the following day, between 12.30 and 1 p.m., four heavily armed and unmasked men raided his home,

Considering that, according to the source, Mr. Méndez' daughter Micaela Matelo, a minor, was the only person at home at the time of the raid; that she was found inside the house drugged and naked,

Considering that the source affirms that robbery is ruled out as a motive since no belongings were taken,

Considering that, according to the source, the FDNG reported to the Minister of Defence that members of the Armed Forces were involved in the death threats against Mr. Méndez and the attack on his daughter and raid on his home; that Mr. Méndez reportedly stated that the Chief of the High Command of the Armed Forces was the instigator of the death threats against members of the FDNG and laid responsibility on him for anything that might befall himself or his family,

Considering that the Armed Forces have reportedly instituted investigations in order to establish whether any of its members are implicated in the crime in question,

Considering that, on 16 April 1996, the Congress of Guatemala adopted a resolution condemning the violence against Mr. Méndez and his daughter, asking Mr. Méndez to continue his parliamentary duties and urging the authorities to do their utmost to shed light on this affair and guarantee the safety of Mr. Méndez and his family,

Considering, however, that to date no information regarding the institution of any judicial proceedings and their results has been conveyed,

1. Thanks the President of the National Group of Guatemala for his co-operation and the documents he transmitted;

2. Is alarmed at the death threats against Mr. Amílcar Méndez and the subsequent raid on his house and heinous attack on his daughter;

3. Expresses concern at the allegation that members of the Armed Forces, even at the highest level, may be involved in these crimes;

4. Stresses that the State has an obligation to guarantee the safety of its citizens and consequently a duty to carry out diligent and thorough investigations into the threat and the attack in order to identify and prosecute the culprits;

5. Notes with satisfaction that the Congress of the Republic of Guatemala adopted a resolution condemning the violence and demanded the institution of an investigation and adequate protection for Mr. Méndez and his family, and urges it to monitor implementation of the measures requested;

6. Is concerned that no information has so far been conveyed as to whether judicial investigations have indeed been instituted and yielded any results;

7. Would appreciate information regarding the measures taken to ensure that Mr. Amílcar Méndez and his family are afforded adequate protection;

8. Requests the Secretary General to convey the Committee's concerns to the President of the National Group of Guatemala and the President of the Congress of the Republic, inviting them to supply the information sought;

9. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1997).