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Even Court-Approved Extraditions Have a Troubled, Bloody History in Guatemala

Original article can be found here.

Guatemala courts have recently approved sending major drug traffickers to face criminal charges in the US, but legal delays or violence could still jeopardize the extraditions. InSight Crime examines the bloody history of extradition in Guatemala.

US counter-drug officials set a trap. It was 2005 and the top three officers in Guatemala’s new, US-trained anti-narcotics force were themselves wanted in the United States for drug trafficking. But US officials knew Guatemalan courts were unreliable. So they invited the three top cops to travel to Virginia for special training, and arrested them after they landed on US soil.

The ruse was part of a policy in the 2000s, said US officials. US Drug Enforcement Administration (DEA) special agents worked to lure Guatemalans wanted on US drug charges out of Guatemala to other nations including El Salvador and Mexico where they could be more easily apprehended and extradited to US courts to face trial.

But times have changed. In recent months, for the first time in decades, Guatemalan courts have approved extraditions of several alleged kingpins. The trend began in February when courts approved the extraditions of two men, one of whom was Juan Alberto Ortiz Lopez, alias “Juan Chamale” (pictured above), whom the DEA identifies as Guatemala’s top drug trafficker. In June a court approved the extradition of another major suspect, Horst Walther Overdick, alias “the Tiger,” who is accused of collaborating with the Mexican Zetas drug cartel.

These are big steps for Guatemala, a nation that has among the worst records in the hemisphere for either prosecuting or extraditing major drug suspects. The last time Guatemala extradited one of its own drug lords was nearly 20 years ago. And the complications faced by US agencies back then have continued to plague US efforts through six administrations led by four different American presidents.

The recent extradition rulings could finally threaten Guatemalan traffickers, nearly all of whom have long enjoyed impunity as long as they have remained within Guatemala. At least one suspect, an ex-president, is tied to a powerful military clique. Both US and UN officials fear the extraditions could still be jeopardized through either legal delays or targeted violence.

Back in 2007 Guatemala extradited two of its own citizens wanted on drug charges for the first time in more than a decade. But they were only mid-level smugglers who, along with a Colombian extradited from Guatemala a year later, hid at least five kilograms of heroin in a car driven from Guatemala to New York City.

Before then, the last time a Guatemalan was extradited on drug charges was back in the early 1990s. Arnoldo Vargas Estrada, alias “Archie,” was the mayor of the eastern town of Zacapa when he was arrested in 1990 with DEA help. A US embassy cable at the time described Vargas as a “major league hood.” The cable, obtained through the Freedom of Information Act by the George Washington University-based National Security Archive, added: “It is important to get Vargas, who is apparently both wealthy and inclined to violence, out of Guatemala quickly.”

But the town mayor’s extradition was anything but quick. One judge ruled the evidence was insufficient, even though it included a then record for Guatemala of 4,000 pounds of seized cocaine (exceeded two years later by 2.8 metric tons of cocaine found in a house rented to a Colombian by a retired Guatemalan Air Force captain). It took US State Department attorneys three more years filing in various Guatemalan courts to finally extradite the town mayor and two others by 1993.

The three suspects were convicted in a New York federal court of trafficking cocaine. Prosecutors told jurors that Vargas was receiving small planes loaded with drugs at his private ranch in Zacapa. But dozens of local farmers, in a signed petition to the DEA, told a slightly different story. Vargas and local military commanders began displacing small farmers from a nearby rural area, torturing three men, one month before Vargas’ DEA-assisted arrest. After his arrest, the same local military commanders displaced hundreds of families, and murdered at least nine more people including a mother and son, to build what the farmers in the petition claimed were clandestine runways for planes carrying drugs.

One of the same men named by the farmers, Byron Berganza, was finally arrested more than a decade laterin El Salvador in 2004. By then the owner of a trucking business based in ZacapaOtto Herrera, was considered by US agencies to be one of Central America’s biggest drug traffickers. He arrested in Mexico the same year. (He later escaped and was captured again in Colombia in 2007.)

Back in 1990, in Guatemala, DEA special agents had another operation under surveillance. DEA later seized a half metric ton of cocaine inside a small plan near Tampa that had been tracked from Escuintla in western Guatemala. The alleged ringleader indicted with others in a Florida federal court was Army lieutenant Carlos Ochoa Ruiz, alias “Charlie.”

The case took even longer since he was a military officer. At one point, a military tribunal intervened to claim jurisdiction, ruling to dismiss all charges. But US attorneys fought to keep the case in Guatemalan civilian courts. It went all the way to the Constitutional Court, the nation’s top judicial body, led by Judge Epaminondas Gonzalez Dubon, who was well-respected for his integrity.

On March 23, 1994, the Constitutional Court led by Judge Gonzalez Dubon quietly ruled in a closed session four-to-three to extradite Lt. Col. Ochoa. Nine days later, on April 1, gunmen shot and killed the chief justice in front of his surviving wife and child. On April 12, the same Constitutional Court with a new chief justice again quietly ruled seven-to-one not to extradite Ochoa. It took the State Department, prompted by the press, no less than four years to finally admit the facts in a few lines buried in a thick report to Congress.

Over the years since, several Guatemalans were extradited to the United States to face trial for individual crimes like rape that had no international connection. But no Guatemalans were extradited on any drug charges for 14 years.

The DEA began building another big case in 2003. Guatemalan agents assisted by US officials seized over$14 million in local currency from a house in Guatemala City leading to major suspects. One was Elio Lorenzano, the youngest son of a reputed organized crime family, who was arrested in Zacapa in November 2011. His extradition was among those recently approved. His family was allegedly working for the regional kingpin Herrera.

Today more than nine Guatemalan suspects wanted in the United States have US extradition cases pending against them in Guatemala. But most of their defense lawyers have wielded a seemingly interminable writ of “amparo” claiming that their clients’ constitutional rights are being somehow violated.

One suspect awaiting extradition is former President Alfonso Portillo who faces US money-laundering charges. He has ties to a powerful Guatemalan group of retired Army intelligence officers known as “The Brotherhood” or “La Cofradia.” At first, after his New York indictment was announced in January 2010, US officials also hoped to secure his extradition quickly.

“[Ex-]President Portillo has already demonstrated his ability to manipulate Guatemala’s courts, so we think his quick extradition to face money laundering charges in the US makes good sense,” reads one US embassy cable obtained through irregular channels by WikiLeaks. Guatemala’s Constitutional Court approved his extradition in August 2011. Yet ongoing legal proceedings in Guatemala continue to delay his transfer.

Violence remains another concern. “The powerful group of former military officers known as ‘La Cofradia’ will certainly feel threatened by Portillo’s arrest,” reads another US cable obtained by WikiLeaks. “We agree with [UN officials] that they might violently retaliate against a high-profile target or targets, such as the Guatemalan prosecutor handling the case (Eunice Mendizabal), or [UN] staff.”

Francisco Dall’Anese is the director of a UN anti-impunity commission in Guatemala. “Extradition orders are processed here like they were in the 19th century,” he said in June.

Guatemala’s Cycles of Crime

Original story found here.

Guatemala’s Cycles of Crime

January 13, 2012 – 6:06pm | World Policy Journal

By Frank Smyth

For Guatemala and its majority Mayan population time is repeating itself. A former military commander and intelligence chief with a bloody past promises to bring law and order to the Central American nation. Worried about rising crime and the increasingly violent penetration by Mexican drug cartels, voters elected Otto Pérez Molina as president.

The president-elect’s loyalties may be divided, however, between his promise to fight organized crime and the U.S.-backed institution to which he owes his career. His dilemma is rooted in the anti-communism shared by the two nations during the Cold War. Only by strengthening Guatemala’s long struggling civilian law enforcement and judicial institutions will the nation achieve stability. Unfortunately, Pérez Molina has already indicated his preference to rely instead on military force.

On January 14, Pérez Molina will become the first ex-military officer to assume Guatemala’s presidency since the end of military rule in 1986. But every elected government since has been marked by two trends. First, there’s the ongoing influence exercised by different and sometimes rival cliques of military intelligence officers. Second, there’s the endemic lawlessness that has given rise to violence and Guatemala’s increasing role as a transshipment and now also a production point for U.S.-bound illegal drugs.

With names like the “Brotherhood” (Cofradía) and the “Operators,” the intelligence cliques “developed their own vertical leader-subordinate network of recognition, relationships, and loyalties,” noted the U.S. Defense Intelligence Agency in a 1991 cable. The cable identified Pérez Molina as one of the “Operators,” and it credited the intelligence cliques for dramatic military successes during the Guatemalan Civil War in the 1980’s.

A U.N. truth commission later found the same military operations included “acts of genocide.” Concentrated in the Mayan highlands, these included targeting entire village populations suspected of supporting leftist guerrillas for annihilation. Internal Guatemalan Army documents show that Pérez Molina was an infantry commander in the Ixil triangle in 1982 during some of the most severe abuses. U.S. military documents from the mid-1990s, albeit with contradictory accounts, show him either disappearing or ordering the disappearance of Efraín Bámaca, the leftist guerrilla leader married to the Harvard-trained, U.S. lawyer Jennifer Harbury.  President-elect Molina, while declining to address specific allegations, denies any role in abuses.

The president-elect deserves some credit. He plans to keep, even if it is due to international pressure, the country’s current Attorney General, Claudia Paz y Paz. Unprecedentedly, and often working with international officials, she has arrested both military personnel for prior human rights crimes and suspected international drug bosses, including one alleged kingpin indicted in Tampa. She continues to investigate other abuses, too, including Bámaca’s disappearance after being captured. But more must be done to establish accountability and the rule of law.

Human rights groups fear the new government will usher in a new era of state-sponsored violence. The president-elect has named former Kaibil military commanders to lead the police and military. Kaibiles are elite military forces, who have been linked to some of the nation’s grisliest massacre, including the slaughter of over 200 civilians at Dos Erres in the remote, northern region of Petén in 1982. More recently ex-Kaibil soldiers have been linked to drug trafficking in collaboration with Mexico’s feared Zeta cartel, who themselves are former Mexican special forces soldiers turned drug lords. Leading Mexican analysts maintain it was the Guatemalan ex-Kabiles who taught the Zetas the use of decapitation as a terror tactic.

President-elect Molina and his cabinet say they will expand police and Kaibil operations in Guatemala, and lead a regional effort to share intelligence about organized crime. They might start with their own peers. Dozens of Guatemalan officers of all ranks have been formally accused of drug trafficking, according to U.S. government documents, dating back to before the end of Guatemala’s armed conflict.

Guatemala’s record of prosecuting its own drug kingpins lags far behind Mexico and Colombia. Not one Guatemalan was extradited on drug charges for well over a decade after the 1994 murder of Epaminondas González Dubón, the nation’s chief justice. The Clinton administration covered up the extradition case surrounding his murder.

His murder reveals the power of the intelligence cliques linked to the drug trade in Guatemala. Chief Justice Dubón led the nation’s Constitutional Court in a four-to-three vote in favor of extraditing Lt. Col. Carlos Ochoa Ruiz, according to court documents later cited by the Costa Rican daily La Nación. Nine days later, on April 1, as the family was returning from observing a Good Friday pageant, gunmen shot and killed Dubón near his home in his car in front of his wife and youngest son. On April 12, the same top court with a new chief justice quietly ruled not to extradite Ochoa. The State Department took four years before finally admitting in a few lines buried in a thick report to Congress that the chief justice’s assassination stopped the extradition of the Army lieutenant colonel over multi-ton level cocaine charges.

Since then, the nation’s importance to drug traffickers has only climbed.  The State Department reports that Guatemala is a midpoint for over 60 percent of all the South American cocaine reaching the United States, most of which then passes through Mexico. Guatemala is a transshipment point for heroin too. Recently, Mexican traffickers have started producing methamphetamine in Guatemala.

The Mexican cartels first moved into Guatemala to fight each other over who would emerge with the largest share of Guatemala’s huge cocaine export market. But Guatemala’s own cartels—who still primarily receive drugs from South America—have long been quieter than their Mexican counterparts. Classified U.S. cables obtained by WikiLeaks identify five major Guatemalan cartels that, for some reason, have rarely fought each other over territory or profits.

The U.S. has taken some action. The Bush Administration revoked the U.S. entry visas of two former Guatemalan intelligence chiefs over suspected drug trafficking. One, Francisco Ortega Menaldo, who publicly denied the accusation, is a longtime rival of Molina. But a decade ago, he was a frequent companion of then-President Alfonso Portillo, who is now facing extradition to New York to face money laundering charges.

However, the military intelligence cliques have hardly gone away. On 2010, a U.S. State Department cable obtained by WikiLeaks read “A powerful group of former senior military officers known collectively as “The Brotherhood” (“La Cofradía,” suspected of narcotrafficking and other crimes), who colluded with then-President Portillo to embezzle millions from the state, might seek to murder him in order to ensure he does not collaborate with Guatemalan or U.S. authorities.”

Molina’s iron fist will no doubt drive out some Mexican traffickers. But only independent law enforcement will rescue Guatemala from its own powerful crime lords linked to the military intelligence cliques who have long enjoyed immunity from prosecution. Only by supporting civilian over military institutions could Molina move Guatemala forward. But, like many other retired intelligence officers, he has an interest in not exhuming the past.

*****

  *****

Frank Smyth began his career reporting from El Salvador in the 1980s. He has covered Guatemala, Rwanda, Colombia, Eritrea, and Ethiopia.  He has written for The Washington Post, The Wall Street Journal and The New York Times.

The Untouchable Narco-State: Guatemala’s Army defies DEA

Original story including links to cited classified U.S. cables here.

(See also related links pegged to the release of this story by Harvard University’s NiemanWatchdog.org and George Washington University’s National Security Archive:
http://www.niemanwatchdog.org/index.cfmfuseaction=ask_this.view&askthisid=00152
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB169/index.htm).

The alert went out across the state this past July. A McAllen-based FBI analyst wrote a classified report that the Department of Homeland Security sent to U.S. Border Patrol agents throughout Texas. About 30 suspects who were once part of an elite unit of the Guatemalan special forces were training drug traffickers in paramilitary tactics just over the border from McAllen. The unit, called the Kaibiles after the Mayan prince Kaibil Balam, is one of the most fearsome military forces in Latin America, blamed for many of the massacres that occurred in Guatemala during its 36-year civil war. By September, Mexican authorities announced that they had arrested seven Guatemalan Kaibiles, including four “deserters” who were still listed by the Guatemalan Army as being on active duty.

Mexican authorities say the Kaibiles were meant to augment Las Zetas, a drug gang of soldiers-turned-hitmen drawn from Mexico’s own special forces. It’s logical that the Zetas would turn to their Guatemalan counterparts. In addition to being a neighbor, “Guatemala is the preferred transit point in Central America for onward shipment of cocaine to the United States,” the State Department has consistently reported to Congress since 1999. In early November, anti-drug authorities at the U.S. Embassy in Guatemala told the Associated Press that 75 percent of the cocaine that reaches American soil passes through the Central American nation.

More importantly, perhaps, the dominant institution in the country—the military—is linked to this illicit trade. Over the past two decades, the U.S. Drug Enforcement Administration (DEA) has quietly accused Guatemalan military officers of all ranks in every branch of service of trafficking drugs to the United States, according to government documents obtained by The Texas Observer. More recently, the Bush administration has alleged that two retired Guatemalan Army generals, at the top of the country’s military hierarchy, are involved in drug trafficking and has revoked their U.S. visas based on these allegations.

The retired generals, Manuel Antonio Callejas y Callejas and Francisco Ortega Menaldo, are Guatemala’s former top two intelligence chiefs. They are also among the founders of an elite, shadowy club within Guatemala’s intelligence command that calls itself “la cofradía” or “the brotherhood,” according to U.S. intelligence reports. The U.S. reports, recently de-classified, credit la cofradía with “engineering” tactics that roundly defeated Guatemala’s Marxist guerrillas. A U.N. Truth Commission later found the same tactics included “acts of genocide” for driving out or massacring the populations of no less than 440 Mayan villages.

Guatemala’s military intelligence commands developed a code of silence during these bloody operations, which is one reason why no officer was ever prosecuted for any Cold War-era human rights abuses. Since then, the same intelligence commands have turned their clandestine structures to organized crimes, according to DEA and other U.S. intelligence reports, from importing stolen U.S. cars to running drugs to the United States. Yet not one officer has ever been prosecuted for any international crime in either Guatemala or the United States.

There is enough evidence implicating the Guatemalan military in illegal activities that the Bush administration no longer gives U.S. military aid, including officer training. The cited offenses include “a recent resurgence of abuses believed to be orchestrated by ex-military and current military officials; and allegations of corruption and narcotics trafficking by ex-military officers,” according to the State Department’s 2004 report on Foreign Military Training.

While some in the Bush administration and Congress want to restart foreign military training, others are concerned about the inability of the Guatemalan government to rein in its military. “The reason that elements of the army are involved so deeply in this illicit operation is that the government simply does not have the power to stop them,” said Texas Republican Congressman Michael McCaul, who sits on the Western Hemisphere Subcommittee of the Committee on International Relations and is the Chairman of the Department of Homeland Security Subcommittee on Investigations.

Guatemala is hardly the first military tainted by drugs; senior intelligence and law enforcement officers in many Latin American nations have been found colluding with organized crime. But what distinguishes Guatemala from most other nations is that some of its military suspects are accused not only of protecting large criminal syndicates but of being the ringleaders behind them. The Bush administration has recently credited both Colombia and Mexico with making unprecedented strides in both prosecuting their own drug suspects and extraditing others to the United States. But Guatemala, alone in this hemisphere, has failed to either prosecute or extradite any of its own alleged drug kingpins for at least 10 years.

For decades, successive U.S. administrations have tried and failed to train effective Guatemalan police, while saying little or nothing about the known criminal activities of the Guatemalan military. That finally came to an end in the past three years under Republican Rep. Cass Ballenger, a staunch conservative from North Carolina, who served as chairman of the Western Hemisphere Subcommittee.

“Clearly, the Guatemalan government has not taken every step needed to investigate, arrest, and bring drug kingpins to justice,” said then-Chairman Ballenger in 2003 before he retired. Echoing his predecessor, the new Chairman, Indiana Republican Rep. Dan Burton, commented through a spokesman that he wants to see the same alleged ringleaders finally brought “to full accountability.”

Until that happens, drugs from Guatemala and the attendant violence will continue to spill over the Texas border.

Guatemala has long been sluggish in efforts to take legal action against its military officers for human rights violations. That impunity has since spread to organized criminal acts as well. The turning point came in 1994, when Guatemala’s extraditions of its drug suspects came to a dead stop over a case involving an active duty army officer. The case highlights both the terrible price for those who seek justice in Guatemala and the timidity of the United States in demanding accountability.

A military intelligence officer back in the early 1980s, Lt. Col. Carlos Ochoa briefly trained at the U.S. Army Command and General Staff College in 1988. Two years later, the DEA accused him of smuggling drugs to locations including Florida, where DEA special agents seized a small plane with half a metric ton of cocaine, allegedly sent by the colonel.

State Department attorneys worked for more than three years to keep Guatemala’s military tribunals from dismissing the charges, and finally brought Ochoa’s extradition case all the way to Guatemala’s highest civilian court. The nation’s chief justice, Epaminondas González Dubón, was already well respected for his integrity. On March 23, 1994, Guatemala’s Constitutional Court, led by González Dubón, quietly ruled in a closed session (which is common in Guatemala) four-to-three in favor of extraditing Ochoa.

Nine days later, on April 1, gunmen shot and killed González Dubón behind the wheel of his own car in the capital, near his middle-class home, in front of his wife and youngest son. On April 12, the same Constitutional Court, with a new chief justice, quietly ruled seven-to-one not to extradite Ochoa. The surviving judges used the same line in the official Constitutional Court register—changing the verdict and date, but not the original case number—to literally copy over the original ruling, as was only reported years later by the Costa Rican daily, La Nación.

The Clinton administration never said one word in protest. The U.S. ambassador in Guatemala City at the time, Marilyn McAfee, by her own admission had other concerns, including ongoing peace talks with the Guatemalan military. “I am concerned over the potential decline in our relationship with the military,” she wrote to her superiors only months before the assassination. “The bottom line is we must carefully consider each of our actions toward the Guatemalan military, not only for how it plays in Washington, but for how it impacts here.”

Four years after the murder, the Clinton administration finally admitted in a few lines buried in a thick report to Congress: “The Chief Justice of the Constitutional Court had approved [the] extradition for the 1991 charges just before he was assassinated. The reconstituted court soon thereafter voted to deny the extradition.”

Ochoa may not have been working alone. “In addition to his narcotics trafficking activities, Ochoa was involved in bringing stolen cars from the U.S. to Guatemala,” reads a “SECRET” U.S. intelligence report obtained by U.S. lawyer Jennifer Harbury. “Another military officer involved with Ochoa in narcotics trafficking is Colonel Julio Roberto Alpírez de Leon.”

Alpírez, who briefly trained at the U.S. School of the Americas in 1970, served “in special intelligence operations,” according to a U.S. Defense Intelligence Agency (DIA) report. A White House Oversight Board investigation later implicated him in the torture and murder of a Marxist guerrilla leader who was married to the Harvard-trained lawyer Harbury, and in the torture and mysterious decapitation of an American hotelier named Michael Devine. Col. Alpírez, since retired, has denied any wrongdoing and he was never charged with any crime.

But Ochoa, his former subordinate, is in jail today. Ochoa was arrested—again—for local cocaine dealing in Guatemala City, where crack smoking and violent crimes, especially rape, have become alarmingly common. Ochoa was later sentenced to 14 years in prison, and he remains the most important drug criminal ever convicted in Guatemala to date.

Until now, the DEA had never publicly recognized the bravery of Judge González Dubón, who died defending DEA evidence. “The judge deserves to be remembered and honored for trying to help establish democracy in Guatemala,” said DEA senior special agent William Glaspy in an exclusive interview. Since the murder, the DEA has been all but impotent in Guatemala.

The impunity that shields Guatemalan military officers from justice for criminal offenses started during the Cold War. “There is a long history of impunity in Guatemala,” noted Congressman William Delahunt, a Democrat from Massachusetts, who is also a member of the Western Hemisphere Subcommittee. “The United States has contributed to it in a very unsavory way dating back to 1954, and also in the 1980s,” he added, referring to a CIA-backed coup d’état in 1954, which overturned a democratically elected president and brought the Guatemalan military to power, and to the Reagan administration’s covert backing of the Guatemalan military at a time when bloodshed against Guatemalan civilians was peaking.

It was also during this Cold War-era carnage that the army’s la cofradía came into its own.

“The mere mention of the word ‘cofradía’ inside the institution conjures up the idea of the ‘intelligence club,’ the term ‘cofradía’ being the name given to the powerful organizations of village-church elders that exist today in the Indian highlands of Guatemala,” reads a once-classified 1991 U.S. Defense Intelligence Agency cable. “Many of the ‘best and the brightest’ of the officers of the Guatemalan Army were brought into intelligence work and into tactical operations planning,” it continues. Like all documents not otherwise attributed in this report, the cable was obtained by the non-profit National Security Archives in Washington, D.C.

According to the 1991 cable, “well-known members of this unofficial cofradía include” then army colonels “Manuel Antonio Callejas y Callejas” and “Ortega Menaldo.” (Each officer had briefly trained at the U.S. School of the Americas, in 1970 and 1976, respectively.)

The intelligence report goes on: “Under directors of intelligence such as then-Col. Manuel Antonio Callejas y Callejas back in the early 1980s, the intelligence directorate made dramatic gains in its capabilities, so much so that today it must be given the credit for engineering the military decline of the guerrillas from 1982 to the present. But while doing so, the intelligence directorate became an elite ‘club’ within the officer corps.”

Other Guatemalan officers called their approach at the time the practice of “draining the sea to kill the fish,” or of attacking civilians suspected of supporting leftist guerrillas instead of the armed combatants themselves. One former Guatemalan Army sergeant, who served in the bloodied province of Quiché, later told this author he learned another expression: “Making the innocent pay for the sins of the guilty.”

CIA reports are even more candid. “The commanding officers of the units involved have been instructed to destroy all towns and villages which are cooperating with the guerrilla[s] and eliminate all sources of resistance,” reads one 1982 Guatemala City CIA Station report formerly classified “SECRET.” The CIA report goes on, “When an Army patrol meets resistance and takes fire from a town or village it is assumed that the entire town is hostile and it is subsequently destroyed.” Forensic teams have since exhumed many mass graves. Some unearthed women and infants. More than 200,000 people were killed in Guatemala in what stands as Central America’s bloodiest conflict during the Cold War.

The violence left the military firmly in control of Guatemala, and it did not take long for this stability to catch the attention of Colombian drug syndicates. First the Medellín and then the Cali cartels, according to Andean drug experts, began searching for new smuggling routes to the United States after their more traditional routes closed down by the mid-1980s due to greater U.S. radar surveillance over the Caribbean, especially the Bahamas.

“They chose Guatemala because it is near Mexico, which is an obvious entrance point to the U.S., and because the Mexicans have a long-established mafia,” explained one Andean law enforcement expert. “It is also a better transit and storage country than El Salvador because it offers more stability and was easier to control.”

DEA special agents began detecting Guatemalan military officers running drugs as early as 1986, according to DEA documents obtained through the U.S. Freedom of Information Act. That’s when Ortega Menaldo took over from Callejas y Callejas as Guatemala’s military intelligence chief. Over the next nine years, according to the same U.S. documents, DEA special agents detected no less than 31 active duty officers running drugs.

“All roads lead to Ortega,” a U.S. drug enforcement expert said recently. “Even current active-duty officers may have other ties with retired officers. They have a mentor relationship.”

U.S. intelligence reports reveal the strong ties that cofradía high-level officers cultivated with many subordinates, who are dubbed “the operators.” “This vertical column of intelligence officers, from captains to generals, represents the strongest internal network of loyalties within the institution,” reads the 1991 U.S. DIA cable. “Other capable officers were being handpicked at all levels to serve in key operations and troop command,” this U.S. report goes on. “Although not as tight knit as the cofradía, the ‘operators’ all the same developed their own vertical leader-subordinate network of recognition, relationships and loyalties, and are today considered a separate and distinct vertical column of officer loyalties.”

Cofradía officers extended their reach even further, according to another U.S. intelligence cable, as the mid-level officer “operators” whom they chose in turn handpicked local civilians to serve as “military commissioners [to be] the ‘eyes and ears’ of the military” at the grassroots.

Few criminal cases better demonstrate the integration between the Guatemalan intelligence commands and drug trafficking than one pursued in 1990 by DEA special agents in the hot, sticky plains of eastern Guatemala, near the nation’s Caribbean coast. This 15-year-old case is also the last time that any Guatemalans wanted on drug charges were extradited to the United States. Arnoldo Vargas Estrada, a.k.a. “Archie,” was a long-time local “military commissioner,” and the elected mayor of the large town of Zacapa. U.S. embassy officials informed (as is still required according to diplomatic protocol between the two nations) Guatemalan military intelligence, then led by Ortega Menaldo, that DEA special agents had the town mayor under surveillance.

Vargas and two other civilian suspects were then arrested in Guatemala with the help of the DEA. Not long after, all three men were extradited to New York, where they were tried and convicted on DEA evidence. But the DEA did nothing back in Guatemala when, shortly after the arrests, the military merely moved the same smuggling operation to a rural area outside town, according to family farmers in a petition delivered to the U.S. Embassy in Guatemala City in 1992 and addressed simply “Señores D.E.A.”

“[B]efore sunrise, one of the planes that transports cocaine crashed when it couldn’t reach the runway on the Rancho Maya,” reads the document which the peasants either signed or inked with their thumbprints. The document names the military commissioners along with seven local officers, including four local army colonels whom the farmers said supervised them.

One of the civilian military commissioners the peasants named was Rancho Maya owner Byron Berganza. More than a decade later, in 2004, DEA special agents finally arrested Berganza, along with another Guatemalan civilian, on federal “narcotics importation conspiracy” charges in New York City. Last year, the DEA in Mexico City also helped arrest another Guatemalan, Otto Herrera, who ran a vast trucking fleet from the Zacapa area. Then-Attorney General John Ashcroft described Herrera as one of “the most significant international drug traffickers and money launderers in the world.”

Yet, not long after his arrest, Herrera somehow managed to escape from jail in Mexico City. Not one of the Guatemalan military officers the farmers mentioned in their 1992 petition has ever been charged. As the DEA’s Senior Special Agent Glaspy explained, “There is a difference between receiving information and being able to prosecute somebody.”

In 2002, then-Chairman Ballenger forced the Bush administration to take limited action to penalize top Guatemalan military officials thought to be involved in drug trafficking. “The visa of former Guatemalan intelligence chief Francisco Ortega Menaldo was revoked,” confirmed State Department spokesman Richard A. Boucher in March 2002, “under a section of the Immigration and Nationality Act related to narco-trafficking, and that’s about as far as I can go into the details of the decision.”

By then, Ret. Gen. Ortega Menaldo had already denied the U.S. drug charges, while reminding reporters in Guatemala City that he had previously collaborated with both the CIA and the DEA dating back to the 1980s. Indeed, a White House Intelligence Oversight Board has already confirmed that both the CIA and the DEA maintained at least a liaison relationship with Guatemalan military intelligence in the late 1980s and early 1990s when it was run by Col. Ortega Menaldo.

The CIA, through spokesman Mark Mansfield, declined all comment for this article.

Eight months after revoking Ortega Menaldo’s visa, the Bush administration again cited suspected drug trafficking to revoke the U.S. entry visa of another Guatemalan intelligence chief, Ret. Gen. Callejas y Callejas. But after the news broke in the Guatemalan press, this cofradía officer never responded publicly, as Ortega Menaldo did, to the U.S. drug allegation.

Rather than confront the impunity that allows Guatemalan military officers to traffic drugs, many of the country’s elected officials seem to be going in the opposite direction. Not long after the Bush administration named the two retired cofradía intelligence chiefs as suspected drug traffickers, members of the Guatemalan Republican Front, or FRG party, which was founded by another retired army general, introduced legislation in the Guatemalan Congress that would remove civilian oversight over the military in criminal justice matters.

Throughout the Cold War period, Guatemala’s civil justice system seldom had the opportunity to try officers for any crime. Instead officials submitted themselves to military tribunals. In the 1990s, civilian courts began for the first time tentatively to exert their authority to process military officers for crimes like drug trafficking. But the proposed legislation stipulates that any officer, whether active duty or retired, may only be tried in a military tribunal, no matter what the alleged crime. A court martial is normally reserved for crimes allegedly committed by military personnel in the course of their service. If this law is passed, however, it would ensure that Guatemalan officers accused of any crime, from murder to drug trafficking, could once again only be tried by their military peers.

“This would be a new mechanism of impunity,” noted José Zeitune of the Geneva-based International Commission of Jurists and author of a 2005 report on the Guatemalan judiciary.

As Chairman, Ballenger accused the FRG party, which enjoys a plurality in the Guatemalan Congress, of drug corruption. The FRG was founded by Ret. Gen. Efrain Ríos Montt. A controversial figure, he launched a coup d’etat in 1982 to become president of Guatemala just as the intelligence officers of la cofradía were rising.

The new vice-chairman of the Western Hemisphere subcommittee is Jerry Weller III, a Republican from Illinois. He recently married Zury Ríos Sosa, who is Ret. Gen. Montt’s daughter. Unlike other members of the Subcommittee, Weller, through his spokesman, Telly Lovelace, declined all comment for this article.

Congressman Weller’s father-in-law groomed Guatemala’s last president, an FRG member named Alfonso Portillo, who fled the country in 2004 to escape his own arrest for alleged money laundering, according to a State Department report. During President Portillo’s tenure, one of his closest companions inside the National Palace was the cofradía co-founder Ortega Menaldo, according to Guatemalan press accounts.

Today the shadowy structures of Guatemala’s intelligence commands are so embedded with organized crime that the Bush administration, for one, is already calling on the United Nations. Putting aside its usual criticisms of the international body, the administration supports a proposal to form a U.N.-led task force explicitly called the “Commission for the Investigation of Illegal Armed Groups and Clandestine Security Apparatus” in Guatemala. So far the only nation to yield its sovereignty to allow the United Nations a similar role is Lebanon, where U.N. investigators are digging into the murder of a former prime minister.

The proposed U.N. plan for Guatemala also enjoys the support of its new president, Oscar Berger, a wealthy landowner and lawyer who is well respected by the U.S. administration. But the proposed U.N. Commission is encountering resistance from FRG politicians like Weller’s wife, Ríos Sosa, who is also an FRG congresswoman.

So what are U.S. officials and Guatemalan authorities doing to stop the military officers involved in drug trafficking?

“In terms of public corruption against both the army and others, [Guatemalan authorities] have a number of investigations underway, right now,” then-Assistant Secretary Robert B. Charles said earlier this year at a State Department press conference. But, in keeping with past practices, not one of these suspected officers has been charged in either Guatemala or the United States.

More troubling still is a recent case involving those Mexican soldiers-turned-hitmen, the Zetas. This past October 22, seven members of the Zetas were arrested in a Guatemalan border town with weapons and cocaine. The Associated Press reported that, according to Guatemalan authorities, the Zetas came to avenge one of their members who had been killed in Guatemala. Despite the evidence against the men, a little more than a week after their arrests, Guatemalan authorities inexplicably set them free.

Frank Smyth is a freelance journalist who has been writing about Guatemalan drug trafficking since 1991 in publications including The Progressive, The Sacramento Bee, The Washington Post, the Village Voice, The New Republic, Salon.com and The Wall Street Journal. He has been a special correspondent for The Fort Worth Star-Telegram and The Economist. He is a contributor to Crimes of War: What the Public Should Know, edited by Roy Gutman and David Rieff. His clips are posted at www.franksmyth.com.

Still Seeing Red: The CIA Fosters Death Squads in Colombia

Back in 1989, the CIA built its first counter-narcotics center in the basement of its Directorate of Operations headquarters in Langley, Virginia. Since then, the newly renamed “crime and narcotics center” has increased four-fold, says CIA spokeswoman Anya Guilsher. She says she cannot comment about any specific counter- drug operations, except to say that the agency is now conducting them worldwide.

The CIA was established in 1947 as a frontline institution against the Soviet Union. Today, nine years after the Berlin Wall fell, the agency is seeking a new purpose to justify its $26.7 billion annual subsidy. Besides the crime and narcotics center, the CIA now runs a counterterrorism center, a center to stymie the proliferation of weapons of mass destruction, and even an ecology center to monitor global warming and weather patterns, including El Nino.

George J. Tenet, the Clinton Administration’s new Director of Central Intelligence, recently told Congress the United States faces new threats in “this post-Cold War world” that are “uniquely challenging for U.S. interests.”

But the CIA remains a Cold War institution. Many officers, especially within the clandestine operations wing, still see communists behind every door. They maintain warm relationships with rightist military forces worldwide that are engaging in widespread human-rights abuses. These ties conflict with the agency’s purported goal of fighting drugs, since many of the rightist allies are themselves involved in the drug trade.

Take Colombia. In the name of fighting drugs, the CIA financed new military intelligence networks there in 1991. But the new networks did little to stop drug traffickers. Instead, they incorporated illegal paramilitary groups into their ranks and fostered death squads. These death squads killed trade unionists, peasant leaders, human rights, journalists, and other suspected “subversives.” The evidence, including secret Colombian military documents, suggests that the CIA may be more interested in fighting a leftist resistance movement than in combating drugs.

Thousands of people have been killed by the death squads, and the killings go on. In April, one of Colombia’s foremost human-rights lawyers, Eduardo Umana Mendoza, was murdered in his office. Umana’s clients included leaders of Colombia’s state oil workers’ union. Reuters estimated that 10,000 people attended his funeral in Bogota.

Human-rights groups suspect that Umana’s murder may have been carried out by members of the security forces supporting or operating in unison with paramilitary forces. At the funeral, Daniel Garcia Pena, a Colombian government official who was a friend of Umana’s, told journalists that before his death Umana had alerted authorities that state security officials along with security officers from the state oil company were planning to kill him.

The killings are mounting at a terrible pace. In February, a death squad mowed down another leading human-rights activist, Jesus Maria Valle Jaramillo. He had pointed a finger at the military and some politicians for sponsoring death squads.

“There is a clear, coordinated strategy of targeting anyone involved in the defense of human rights,” says Carlos Salinas of Amnesty International. “Every statement of unconditional support by U.S. lawmakers only encourages these kinds of attacks.”

A new debate is taking place today between human-rights groups and the Clinton Administration over U.S. aid to Colombia. The Clinton Administration has escalated military aid to Colombia to a record $136 million annually, making Colombia the leading recipient of U.S. military aid in this hemisphere. Now the administration is considering even more, including helicopter gunships.

Colombia did not figure prominently on the world stage back in late 1990 and early 1991. Germany was in the process of reunification, Iraq’s Saddam Hussein had just invaded Kuwait, and El Salvador was negotiating an end to its long civil war. But the Bush Administration was not ignoring Colombia. It was increasing the number of U.S. Army Special Forces (or Green Beret) advisers there. And the CIA was increasing the number of agents in its station in Bogota — which soon became the biggest station in Latin America.

“There was a very big debate going on [over how to allocate] money for counter-narcotics operations in Colombia,” says retired Colonel James S. Roach Jr., the U.S. military attaché and the Defense Intelligence Agency (DIA) country liaison in Bogota in the early 1990s. “The U.S. was looking for a way to try to help. But if you’re not going to be combatants [yourselves], you have to find something to do.”

The United States formed an inter-agency commission to study Colombia’ s military intelligence system. The team included representatives of the U.S. embassy’s Military Advisory Group in Bogota, the U.S. Southern Command in Panama, the DIA, and the CIA, says Roach, who was among the military officers representing the DIA. The commission, according to a 1996 letter from the Defense Department to Senator Patrick J. Leahy, Democrat of Vermont, recommended changes in Colombia’ s military intelligence networks to make them “more efficient and effective.”

In May 1991, Colombia completely reorganized its military intelligence networks “based on the recommendations made by the commission of U.S. military advisers,” according to the secret Colombian reorganization order, which Human Rights Watch made public in 1996. The U.S. commission of advisers backed the reorganization plan ostensibly as part of the drug war. Yet the secret Colombian order itself made no mention anywhere in its sixteen pages or corresponding appendices about gathering intelligence against drug traffickers. Instead, the order instructed the new intelligence networks to focus on leftist guerrillas or “the armed subversion.”

The forty-one new intelligence networks created by the order directed their energies toward unarmed civilians suspected of supporting the guerrillas. One of these intelligence networks, in the oil refinery town of Barrancabermeja in Colombia’s strife-torn Magdalena Valley, assassinated at least fifty-seven civilians in the first two years of operation. Victims included the president, vice president, and treasurer of the local transportation workers union, two leaders of the local oil workers union, one leader of a local peasant workers union, two human-rights monitors, and one journalist.

Colonel Roach says the Defense Department never intended the intelligence networks to foster death squads. But Roach says he can’t speak for the CIA, which was more involved in the intelligence reorganization and even financed the new networks directly.

“The CIA set up the clandestine nets on their own,” says Roach. “They had a lot of money. It was kind of like Santa Claus had arrived.”

The secret Colombian order instructed the military to maintain plausible deniability from the networks and their crimes. Retired military officers and other civilians were to act as clandestine liaisons between the networks and the military commanders. All open communications “must be avoided.” There “must be no written contracts with informants or civilian members of the network; everything must be agreed to orally.” And the entire chain of command “will be covert and compartmentalized, allowing for the necessary flexibility to cover targets of interest.”

Facts about the new intelligence networks became known only after four former agents in Barrancabermeja began testifying in 1993 about the intelligence network there. What compelled them to come forward? Each said the military was actively trying to kill them in order to cover up the network and its crimes. By then the military had “disappeared” four other ex-agents in an attempt to keep the network and its operations secret.

Since the military was already trying to kill them, the agents decided that testifying about the network and its crimes might help keep them alive. Saulo Segura was one ex-agent who took this gamble. But rather than prosecuting his superiors over his and others’ testimony, Colombia’s judicial system charged and imprisoned Segura. In a 1996 interview in La Modelo, Bogota’s maximum-security jail, Segura told me he hadn’t killed anyone and that his job within the network was limited to renting office space and handling money. Segura then glanced about nervously before adding, “I hope they don’t kill me.”

Two months later, on Christmas Eve, Segura was murdered inside his cellblock. His murder remains unsolved; the whereabouts of the other three ex-agents is unknown. No Colombian officers have been prosecuted for ordering the Barrancabermeja crimes.

In 1994, Amnesty International accused the Pentagon of allowing anti-drug aid to be diverted to counterinsurgency operations that lead to human-rights abuses. U.S. officials including General Barry R. McCaffrey, the Clinton Administration drug czar who was then in charge of the U.S. Southern Command, publicly denied it. But back at the office, McCaffrey ordered an internal audit. It found that thirteen out of fourteen Colombian army units that Amnesty had specifically cited for abuses had previously received either U.S. training or arms. Amnesty made these documents public in 1996 (full disclosure: I provided the internal U.S. documents to Amnesty; Winifred Tate and I provided the secret Colombian order to Human Rights Watch).

Colombian military officers, along with some of their supporters in the United States, say the line between counterinsurgency and counter-drug operations in Colombia is blurry, as Colombia’s leftist guerrillas are more involved today than ever before in drug trafficking.

Indeed, they are. For years, about two-thirds of the forces of the Revolutionary Armed Forces of Colombia (FARC) and about half the forces of the National Liberation Army (ELN) have been involved in the drug trade, mainly protecting drug crops, according to both U.S. intelligence and leftist sources.

Colombia’s rightist paramilitary groups, however, are even more involved in the drug trade, and they have been for a decade. Back in 1989, Colombia’s civilian government outlawed all paramilitary organizations after a government investigation had found that the Medellin drug cartel led by the late Pablo Escobar had taken over the largest ones.

At the time, Escobar and his associates were fiercely resisting U.S. pressure on the Colombian government to make them stand trial in the United States on trafficking charges. They took control of Colombia’s strongest paramilitaries and used them to wage a terrorist campaign against the state. These same paramilitaries, based in the Magdalena Valley, were behind a wave of violent crimes, including the 1989 bombing of Avianca flight HK-1803, which killed 111 passengers. Investigators concluded that Israeli, British, and other mercenaries, led by Israeli Reserve Army Lieutenant Colonel Yair Klein, had trained the perpetrators in such techniques. In February, Klein and three other former Israeli reserve officers, along with two Colombians, were indicted in absentia for their alleged involvement in these crimes.

The CIA bears some responsibility for the proliferation of drug trafficking in the Magdalena Valley since it supported rightist counterinsurgency forces who run drugs. But the CIA has also helped combat drug trafficking in Colombia. In other words, different units within the agency have pursued contrary goals.

The CIA’s most notable success in the drug war was the 1995-1996 operations that, with the help of the DEA, apprehended all top seven leaders of Colombia’s Cali drug cartel. One of those apprehended was Henry Loaiza, also known as “The Scorpion,” a top Colombian paramilitary leader. He secretly collaborated with the CIA-backed intelligence networks to carry out assassinations against suspected leftists.

A young, techno-minded CIA team led the Cali bust. Heading up the team was a woman. “I’m just a secretary,” she protested when I called her on the phone at the time.

But despite her denials, she was not unappreciated. On September 19, 1995, a courier delivered a white box to her at the U.S. Embassy in Bogota. I happened to be in the lobby at the time. She opened the box to find roses inside. They had been sent by the head of Colombia’s National Police, General Rosso Jose Serrano.

Most other agency counter-drug operations, however, have yielded few breakthroughs.

The net result of CIA involvement in Colombia has not been to slow down the drug trade. Mainly, the agency has fueled a civil war that has taken an appalling toll on civilians.

Colombia is not the only place where these two elements of the CIA nave clashed with each other.

In Peru, the CIA coordinates all of its counter-drug efforts through the office of the powerful Intelligence chief, Vladimiro Montesinos — even though DEA special agents have produced no fewer than forty-nine different intelligence reports about Montesinos and his suspected narcotics smuggling. It is no wonder that agency counter-drug efforts in Peru have failed.

In Guatemala, the agency has played a strong role in both counterinsurgency and counter-drug operations. As in Peru, the agency has worked with Guatemala’s office of military intelligence, even though DEA special agents have formally accused a whopping thirty-one Guatemalan military officers of drug trafficking. Despite the CIA’s efforts, not even one suspected officer has been tried.

The Clinton Administration finally cut off CIA counterinsurgency aid to Guatemala in 1995 after revelations that an agency asset, Guatemalan Army Colonel Julio Roberto Alpirez, had been involved in the murder of Michael DeVine, a U.S. innkeeper, as well as in the murder of Efrain Bamaca Velasquez, a leftist guerrilla who was married to the Harvard-educated lawyer, Jennifer Harbury. But the Clinton Administration has allowed the CIA to continue providing counter-drug aid to Guatemala.

Most of the major drug syndicates so far uncovered by the DEA have enjoyed direct links to Guatemalan military officers. One of the largest syndicates, exposed in 1996, “reached many parts of the military,” according to the State Department.

This year, the State Department reports, “Guatemala is the preferred location in Central America for storage and transshipment of South American cocaine destined for the United States via Mexico.”

Mexico is the next stop on the CIA counter-narcotics train. The fact that Mexico’s former top counter-drug officer, General Jesus Gutierrez Rebollo, was himself recently indicted for drug trafficking, raises the same old question: What is U.S. policy really all about? Before Gutierrez was busted, the DEA thought he was dirty, while U.S. officials, like General McCaffrey, still sporting Cold War lenses, thought he was clean and vouched for him shortly before his indictment.

Some DEA special agents question the CIA’s priorities in counter-drug programs. Human rights groups remain suspicious of the same programs for different reasons.

“There is no magic line dividing counter-narcotics and counter-insurgency operations,” says Salinas of Amnesty International.

“Given the current deterioration of human rights in Mexico,” an expanded role in counter-drug operations by the United States “could lead to a green light for further violations.”

Testifying before Congress in March, the CIA Inspector General Frederick R. Hitz finally addressed allegations that the CIA once backed Cold War allies like the Nicaraguan contras even though they ran drugs. Hitz admitted that, at the very least, there have been “instances where CIA did not, in an expeditious or consistent fashion, cut off relationships with individuals supporting the contra program who were alleged to have engaged in drug trafficking activity, or take action to resolve the allegations.”

What CIA officials have yet to admit is that the agency is still doing the same thing today.

Has Guatemala Become the Cali Cartel’s Bodega?

Original article can be found here.

Colombia has been reluctant to prosecute top leaders of the Cali cartel and dismantle their organization. The Clinton administration is pushing Colombia to do more, while the Senate Foreign Relations Committee, led by Jesse Helms (R., N.C.), threatens to impose trade sanctions.

But Colombia is not the only country where drug cartels and their major confederates operate with impunity. It shares that distinction with Guatemala, where the Drug Enforcement Administration has also uncovered evidence of institutional corruption.

While Colombian cartels used the Caribbean as their primary smuggling route through the mid-1980s, increased radar, as well as opportunity, led them to shift operations toward Mexico. In the late 1980s, they expanded those routes to neighboring Guatemala.

So much cocaine was detected there by 1990 that DEA special agents coined Guatemala la bodega or “the warehouse.” Today up to 75{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af} of the cocaine reaching the U.S. still passes through Mexico, but, according to the DEA, up to one-third of it is first received and stored across Mexico’s southern border in Guatemala.

Guatemala, like Colombia, has cooperated with the U.S. in both poppy eradication and cocaine interdiction. But in both countries this cooperation breaks down over prosecution or extradition of major suspects. “Extradition is the Achilles heel of this whole process,” says the DEA’s chief spokesman, James McGivney, in Washington, “whether it be Guatemala or Colombia.”

Unlike Colombia, Guatemala has an extradition treaty with the U.S. But Its Constitutional Court has only honored it in a few cases. The process is complicated by the fact that many major suspects are Guatemalan military officers.

In response, the Clinton administration has been willing to forgo prosecution of these cases. Why? One reason is to achieve cooperation with the military on other matters (the Guatemalan military receives no U.S. funding, but the police do). But the result only gives officers blanket impunity.

Lt. Col. Carlos Ochoa Ruiz was allegedly working with two Colombians from Call. Now wanted in federal court in Florida, Lt. Col. Ochoa is the first Guatemalan military officer against whom the DEA initiated prosecution. Back in October 1990, special agents watched him and others allegedly load cargo on a private plane, and then tracked it to Tampa.

The State Department requested his arrest and extradition. But one month later a Guatemalan judge released him. By 1992, two more civilian judges had ruled in his favor, while the military discharged Lt. Col. Ochoa and two Army captains also implicated in the case to put distance between them and the institution.

But that didn’t stop a military tribunal from unexpectedly reclaiming jurisdiction in 1993, and ruling to dismiss all proceedings in Guatemala for “lack of evidence.” The evidence in Tampa includes a half metric ton of cocaine. That’s worth about $7.5 million wholesale; retail it’s enough to fill a few million pipes with crack.

One judge who took the evidence into account was Epaminondas Gonzalez Dubon, the Constitutional Court president, and Guatemala’s highest justice. No other judge in memory was more independent. In May 1993, then President Jorge Serrano declared a “self-coup” and imposed martial law; Judge Gonzalez promptly declared it unconstitutional.

This helped galvanize both domestic and White House opposition, bringing down the “self-coup” one week later.

In March 1994, Judge Gonzalez made another independent ruling. “Gonzalez Dubon had signed a Court decision in which he declared [ex-Lt. Col. Ochoa’s] extradition constitutional,” reads a Human Rights Watch report. Judge Gonzalez then left Guatemala City with his family for an Easter day-trip. On their way back, in Guatemala City on April 1, four men in a car shot and killed Judge Gonzalez in front of his wife and son.

Police treated this, the slaying of Guatemala’s highest justice, as a common crime. Attorney General Ramses Cuestas claimed that it was an attempted car jacking, although no one stole anything. The surviving judges then declared ex-Lt. Col. Ochoa’s extradition unconstitutional, exhausting the State Department’s appeal.

This aborted the DEA’s most important test of whether the U.S. can prosecute a Guatemala military officer. How did the Clinton administration react? The U.S. ambassador, Marilyn McAfee, first ignored the denial, and then issued a press release, which concluded: “Unfortunately, there have been cases in which efforts to process suspected drug traffickers have been frustrated. Examples of these cases include that of Lt. Col. Ochoa, whose extradition was denied by the Constitutional Court, and the rejections for extradition of the American citizen, Carolyn Holly Fried, who has been accused of selling thousands of doses of illegal drugs to school-age children.”

According to Paul Mountain, supervising agent at the California Bureau of Narcotics Enforcement, Ms. Fried is not accused of selling drugs to any children; and the same Constitutional Court that denied ex-Lt. Col. Ochoa’s extradition two months later approved Ms. Fried’s.

Last month, the Constitutional Court denied the extradition of another Guatemalan, this time a wealthy businessman, Roberto Antonio Beltranena Butalino. He is named as a defendant with ex-Lt. Col. Ochoa in Tampa. Ironically, this ruling was announced in Guatemala the same day that the State Department certified to Congress that Guatemala had “cooperated fully” in the war against drugs.

When asked to comment on these matters, Assistant Secretary of State Robert Gelbard declined. Staff members of the Senate Foreign Relations Committee say they will now review the administration’s handling of Guatemala.

More suspects remain untried, including six Army captains and two Air Force majors. Guatemala discharged all of them from active service over the DEA’s accusations. Yet, last year’s State Department drug control report, says: “in most cases, the officers continue on with their suspicious activities.”

The impact of cocaine trafficking in Guatemala, as in Colombia, is ripping its social fabric, already in shreds from four decades of Central America’s war. It was brave of Judge Gonzalez to say that the rule of law applies to all. But rather than back up the judge who backed up special agents, the Clinton administration has gone to unusual lengths to erase his memory. This only helps the Cali cartel and other Colombian drug traffickers. Threatening Colombia while coddling Guatemala won’t work.

Our Guys in Guatemala

The women wore white gúipils embroidered with pastel flowers and a thin brown trim. The men’s pants were of a matching design, cut off below the knee. The people of Santiago de Atitlán –more than 5,000 of them– marched the half mile out of town to the site of the former army garrison. “Here,” said one, “we are planting the peace.”

A year before, on December 2, 1990, Guatemalan soldiers opened fire on an unarmed crowd of about the same size. Thirteen villagers, including two children, eventually died; twenty-three others were wounded. But rather than retreat into fear, more villagers came forward. Within three days, the windows of the town hall were covered with hundreds of photographs, many cheap dime-store portraits, of men and women, young and old.

Please finish reading the article at a PDF file of the original here.