PUBLIC AI Index: AMR 34/06/99

18 March 1999

Further information on UA 26/99 (AMR 34/02/99 18 February 1999) - Fear for safety

GUATEMALA Manuel Estuardo Dávila Juárez (17)

Hilda Yesenia Pérez Alvarez (16)

Irma Beatriz Pérez Alvarez

Roxana Abigael Adalf (16)

Juan Carlos López Girón (21)

Lorena Carmen Hernández Carranza (16)

Nery Mateo Hernández (15)

Amnesty International remains concerned for the safety of street children in Guatemala City, after one was shot dead, another wounded, and two others sexually assaulted.

At about 1.45pm on 14 March 1999 three armed men in civilian clothes drew up in a car on a vacant lot in Zone 2 of Guatemala City, where a group of street children were gathered. The men started shouting that they were going to kill the children and then began shooting, hitting Hilda Yesina Pérez Alvarez in the foot.

Some of the older boys ran off down the street, chased by the men. Manuel Estuardo Dávila Juárez (“Blondy”) was shot six times and died on the spot. He was one of the 22 children arrested and detained in February by the Policía Nacional Civil (PNC), (Civil National Police)(see UA 26/99). Earlier that day he had been one of scores of children who gathered at the grave of 13 year old street child Nahaman Carmona López, on the ninth anniversary of his murder by four policemen.

In a separate incident, on 25 February, Roxana Abigael Adalf and Juan Carlos López Girón were approached by two men, one in civilian clothes, the other in the uniform of the Fuerza Especial Policial, (Special Police Force), an elite unit within the PNC. The two men ordered them to strip naked: Juan Carlos did so but Roxana refused. The two men then said they were going to rape her but she resisted. After 15 minutes of violent scuffling the two men gave up the attempted rape and left. This took place in the park where Lorena Carmen Hernández Carranza and Nery Mateo Hernández were sexually assaulted (see UA 26/99).

Casa Alianza, an organisation working on behalf of street children, made a formal complaint about the incident. On 26 February, in coordination with the Guatemalan Police’s Office of Professionalism and Responsibility (ORP) the four affected youths (Juan Carlos, Roxana, Lorena and Nery) were called in to identify a man believed to be one of their attackers. All four recognised their assailant, reportedly a police agent from the Fuerza Especial Policial. Since then no report has been forwarded to the Fiscalía de la Mujer ( Special Prosecutor for Crimes Against Women), so no prosecutor has been assigned to the case and a warrant for the arrest of the suspect cannot be requested.

BACKGROUND INFORMATION

Amnesty International has received many reports of human rights violations against street youths and children in Guatemala. In recent months the PNC has apparently made systematic arbitrary arrests of street children in central Guatemala City.

Unlike most other human rights violations in Guatemala, there have been several convictions in cases of human rights violations against street children. However, the authorities do not investigate the majority of the cases.

FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/ airmail letters in Spanish or in your own language:

- calling for a full investigation into the death of Manuel Estuardo Dávila Juárez (“Blondy”) and the shooting of Hilda Yesenia Pérez Alvarez on 14 March 1999, and for those found responsible to be brought to justice;

- expressing concern for the safety of Hilda Yesenia Pérez Alvarez and her sister Irma Beatriz Pérez Alvarez following the incident and calling for immediate measures to be taken to guarantee their safety.

- calling for a full investigation into the sexual assault against Lorena Carmen Hernández Carranza, the attempted rape of Roxana Abigael Adalf and violence against Nery Mateo Hernández and Juan Carlos López Girón, and for the identified perpetrator and others involved to be brought to justice;

- calling for the ORP to pass on its report to the Public Prosecutor’s Office and for the Public Prosecutor assigned to the case to request the authorities to issue an immediate arrest warrant;

- calling for the authorities to take immediate and effective measures to guarantee the safety of the four youths.

APPEALS TO:

President of the Republic

S.E. Álvaro Arzú Irigoyen

Presidente de la República de Guatemala

Palacio Nacional,6ª Calle y 7ª Avenida, Zona 1

Ciudad de Guatemala, GUATEMALA

Faxes: +502 221 4537/230 1508

Telegrams: Presidente, Guatemala, Guatemala

E-mail: AlvaroArzu@guate.net

alvaroarzu@guateconnect.com

Salutation: Sr. Presidente /Dear President

Attorney General

Lic. Adolfo González Rodas

Fiscal General de la Nación, Ministerio Público

6a Avenida 3-11, Zona 4, Ciudad de Guatemala, GUATEMALA

Tel/Fax: +502 362 7223

Telegrams: Fiscal General, Guatemala, Guatemala

Salutation: Sr. Fiscal General / Dear Attorney General

Director of the National Police

Lic. Angel Antonio Conte Cajulún

Director General de la Policía Nacional

6ª Avenida 13-71, Zona 1, Guatemala, GUATEMALA

Tel/Fax: +502 232 7721

Telegrams: Director Policía Nacional, Guatemala, Guatemala

Salutation: Sr Director General/Dear Director General

Director of the Office of Professional Responsibility

Director de la Oficina de Responsabilidad Profesional

6ª Avenida 13-71, Zona 1, Guatemala, GUATEMALA

Tel/Fax: +502 232 7721

Telegrams: Director Oficina Responsabilidad Profesional, Guatemala, Guatemala

Salutation: Sr Director/Dear Director

COPIES TO:

Casa Alianza

3ª Avenida 11-28

Zona 1, Ciudad de Guatemala, GUATEMALA

Faxes: +502 250 0366

E-mail: guatemala@casa-alianza.org

Attorney General

Lic. Carlos García Regás

Procurador General de la Nación

Procuraduría General de la Nación

15 Avenida 9-69, Zona 13, Ciudad de Guatemala, GUATEMALA

Faxes: +502 334 8465

and to diplomatic representatives of Guatemala accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 30 April 1999.