E/CN.A/1990/17
page 57
time. The Special Rapporteur was able to talk privately with Juan Carlos
Tejeda Tortola, on behalf of whom an urgent appeal had been sent to the
Government.
176. The Special Rapporteur wishes to express his sincere appreciation and
gratitude to the Guatemalan authorities for the preparation of his visit,
and in particular to Mrs. Aracely Phenfunchal and Mr. Luis Alfredo
Dardon Gutierrez of the Ministry of Foreign Affairs, for the efficient and
kind way in which they contributed to the organization of the visit.
2.
Background and legal and institutional framework
177. The Special Rapporteur's visit to Guatemala coincided with a particularly
dramatic upsurge of violence throughout the country. On 1 August,
Danilo Barrillas, a prominent member of the ruling Christian Democrat Party
and President Cerezo'e special appointee to the short-lived peace talks held
in October 1987 in Madrid with the guerrilla movement Unidad Revolucionaria
Nacional Guatemalteca, was killed by a death-squad on the street. On 15 August
a bomb attack hit the offices of the most important Guatemala-based
non-governmental human rights organization Mutual Support Group (GAM) and of
the International Peace Brigades (an organization which lends support to
people who have received death threats). On 17 August a military patrol
.killed nine members of a civilian defence patrol and wounded three in the
department of Alta Verapaz, reportedly because they had been mistaken for
guerrillas. In the week of 21 August seven leading members of the University
Student Association (AEU) were kidnapped; the bodies of four of them were
found during the second and third weeks of September, bearing marks of torture
and severely mutilated. On 24 August the President of the Banco Industrial,
Ramiro Castillo, was killed in front of his house by Bix gunmen. Kidnappings
and arbitrary executions continued to take place during the weeks preceding
the Special Rapporteur's visit.
178. After having been under military rule for a considerable period,
Guatemala has a civilian government since January 1986. The new Government
under President Vinicio Cerezo Arevalo committed itself to restore the rule
of law in the country. During the first few years of the present
administration there wa6 a noticeable improvement in the human rights
situation, although reports about disappearances and extrajudicial killings,
which had been occurring on a wide scale during the first half of the 1980s,
continued to come in. It was, however, in particular after an unsuccessful
£O_up attempt on 11 May 1988 that the human rights situation deteriorated
rapidly; many people involved in the political process received death threats
and the number of bombings, kidnappings and extra-legal executions increased
considerably. Another unsuccessful coup attempt took place on 9 May 1989.
The Special Rapporteur was told that this event had again unleashed a wave of
violence, reaching its peak in August. Since the beginning of the year a
number of death-squads have made known their existence and have made death
threats against a wide range of persons. All this has contributed to an
atmosphere of fear in the country which could not but deeply impress itself on
the Special Rapporteur.
179. The human rights situation in Guatemala is different from that in many
other countries where human rights are violated on a wide scale. In Guatemala
the Government is not so much accused of committing human rights violations
directly as of failing to guarantee to its citizens the full enjoyment of
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