+------------------------------------------------------+
+ Paper reprints authorised. Electronic redistributors +
+ must request permission from Amnesty International. +
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+------------------------------------------------------+
[ Redistributed on NATIVE-L / soc.culture.native with permission --Gary ]
EXTERNAL (for general distribution) AI Index: AMR 34/56/93
Distr: UA/SC
UA 296/93 Death Penalty 27 August 1993
GUATEMALA: Nicolas GUTIERREZ CRUZ, soldier
Amnesty International is concerned that Nicolas Gutierrez Cruz may
face execution following the recent denial by the Constitutional Court
of an appeal made on his behalf, and the exhaustion of all legal
recourses. The organization is further concerned that, if carried out,
this execution would be the first in Guatemala for 10 years and is
appealing to the Guatemalan government not to take a retrograde step
in the protection of human rights by resuming the use of the death
penalty.
According to reports, indigenous soldiers Nicolas Gutierrez Cruz and
Eliseo Suchite Hernandez were initially convicted by a military court
and sentenced to 30 years imprisonment for the killing on 17 January
1992 of Juan Xan Calel, Francisco Gideo Yax Lopez, Juan Calel
Grave and his nine- year-old son Marvin Xan Santizo, all members of
indigenous displaced families, in Ciudad Peronia, municipality of Villa
Nueva, Solola department. Prior to being sentenced by the military
courts, both soldiers escaped from the military barracks where they
were being held, but only Nicolas Gutierrez was recaptured.
Subsequently, the Public Ministry reportedly appealed against the
military court's sentence and the case was transferred to the Fourth
Court of Appeals, which revoked the sentence and imposed a sentence
of death. An appeal was then made to the Supreme Court, which in
August 1992 confirmed the sentence of death. On 29 April 1993
Nicolas Gutierrez's lawyer filed an injunction, but this was denied by
the Constitutional Court. A further appeal for clarification and
extension was then filed on behalf of Nicolas Gutierrez, but was
denied.
Now that all legal recourses have been taken, the only possibility of
overturning the sentence of death is a presidential pardon. President
Ramiro de Leon Carpio has the power to commute death sentences to
terms of imprisonment under Decree 159 of the Legislative Assembly
which dates back to 1892.
BACKGROUND INFORMATION
Amnesty International is unconditionally opposed to the death penalty,
which it considers the ultimate form of cruel, inhuman and degrading
treatment or punishment and a violation of the right to life, as
embodied in the Universal Declaration on Human Rights. The
Guatemalan Penal Code provides for the death penalty for aggravated
homicide of the President or of a member of the defendant's
immediate family, killing a kidnap victim and rape of a child under 10.
It is optional for parricide, homicide and homicide of the Chief of
State, but mandatory for rape and kidnapping when death results and
the victim was under the age of 10. In September 1992 the
Guatemalan Congress approved a new law which extended the scope
of the use of the death penalty to include persons found guilty of
drug-trafficking activities which result in the death of others, either
through drug consumption or acts of violence.
The last executions were carried out in 1982 and 1983, on charges
such as kidnapping and "subversion" under an emergency decree
promulgated under the de facto administration of General Efrain Rios
Montt, which established secret military tribunals empowered to impose
the death penalty for a wide range of political offences.
RECOMMENDED ACTION: Please send
telegrams/telexes/faxes/express and airmail letters either in Spanish or
English or in your own language:
- expressing concern that Nicolas Gutierrez Cruz may face execution;
- urging that his death sentence be commuted;
- urging the Guatemalan government not to take a retrograde step in
the protection of human rights by resuming the use of the death
penalty;
- reminding President Ramiro de Leon Carpio that previously, in his
role as Human Rights Procurator, he did not advocate the death
penalty;
- stating that Amnesty International is unconditionally opposed to the
death penalty, which it considers the ultimate form of cruel, inhuman
and degrading treatment or punishment and a violation of the right to
life, as embodied in the Universal Declaration on Human Rights.
APPEALS TO:
President of the Republic:
S.E. Ramiro de Leon Carpio
[Salutation: Excelentisimo Sr. Presidente / Dear President]
Presidente de la Republica de Guatemala
Palacio Nacional, Guatemala, GUATEMALA
Telegrams: Presidente de Leon Carpio, Guatemala, Guatemala
Faxes: + 502 2 537472, + 502 2 519702
Telexes: 5331 CAPRES GU
Minister of Interior:
Lic. Arnoldo Ortiz Moscoso
[Salutation: Sr. Ministro / Dear Minister]
Ministro de Gobernacion
Ministerio de Gobernacion
Despacho Ministerial, Of. No. 8
Palacio Nacional, Guatemala, GUATEMALA
Telegrams: Ministro de Gobernacion, Guatemala, Guatemala
Faxes: + 502 2 518105
Telexes: 5085 MINGOB
Minister of Defence:
Gral. Mario Enriquez Morales
[Salutation: Sr. Ministro / Dear Minister]
Ministro de Defensa
Ministerio de Defensa
Palacio Nacional, Guatemala, GUATEMALA
Telegrams: Ministro de Defensa, Guatemala, Guatemala
Faxes: + 502 2 537472
Telexes: 5361 COMGUA GU
PLEASE SEND COPIES OF YOUR APPEALS TO: His Excellency
Senor Edmundo Nanne, Embassy of Guatemala, 13 Fawcett St,
London SW10 9HN. Fax: 071 376 5708
[Please see the responses to this topic for the addresses
of diplomatic representatives in other countries]
AND, IF POSSIBLE, TO THE FOLLOWING:
Human Rights Procurator:
Lic. Jorge Garcia Laguardia
Procurador de los Derechos Humanos
12 Avenida 12-72, Zona 1,
Guatemala, GUATEMALA
Faxes: + 502 2 81734
Head of the Presidential Commission Coordinating the Policies of the
Executive relating to Human Rights:
Lic. Jorge Gonzalo Cabrera Hurtarte
Presidente
COPREDEH
15 Avenida 18-38, Zona 13
Guatemala, GUATEMALA
Archbishop's Human Rights Office:
Oficina de Derechos Humanos del
Arzobispado de Guatemala (ODHAG)
Apartado Postal 723
Guatemala, Guatemala
/* Written 3:38 pm Aug 27, 1993 by sharrison in igc:ai.uan */
for Urgent Action participants in the United States:
direct dial prefix for fax and telephone numbers: 011
relevant telex prefix: 305
Ambassador
Embassy of Guatemala
2220 R St. NW
Washington DC 20008
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 October 8, 1993.
PLEASE SEND APPEALS IMMEDIATELY. Please do not send
appeals after 8 October 1993.
+-----------------------------------------------------------+
+ If you have any queries about this Urgent Action or about +
+ the UA scheme in general, please contact: +
+ Ray Mitchell +
+ Amnesty International British Section +
+ 99 - 119 Rosebery Avenue +
+ London EC1R 4RE email: gn:rmitchellai +
+-----------------------------------------------------------+