PROSECUTOR IN GERARDI CASE FLEES TO US
InterPress Service (PeaceNet)
8 October 1999

by Celina Zubieta

GUATEMALA CITY - The prosecutor in charge of investigating the April 1998 assassination of Catholic bishop Juan Gerardi resigned from the case and fled to the United States, saying his family had received death threats in Guatemala.

Attorney Celvin Galindo was designated in January as lead prosecutor for the case after the resignation of Otto Ardón. Human rights organizations and the Catholic Church accused Ardón of obstructing the investigation and of bias in favor of the military suspects. Galindo based his inquiry on the theory that the murder was a political crime, while the government and Ardón had tended to pursue the line that it was a crime of passion. Bishop Gerardi's face and skull were smashed with a block of concrete two days after he presented a report that blamed the army for the vast majority of human rights violations occurred during Guatemala's 36-year civil war, which ended in December 1996.

The Archbishop's Human Rights Office (ODHA), which Gerardi directed, reported that in April, Galindo had ordered 17 suspects to submit to DNA tests performed by experts from the U.S. Federal Bureau of Investigations (FBI). According to the tests, 11 of the suspects-eight of them military personnel-could have ties to the assassination.

From the United States, in a telephone interview with a Guatemalan radio station, Galindo said the case "is already in its final stages and the prosecutor general himself can finish it." But, Galindo explained, the pressure had become unbearable for him, which is why he had chosen to resign.

The attorney stated that, earlier this week, he had discovered plans were underway to kidnap one of his children. "That was the last straw," he said, "because when they touch the most sacred thing in your life, your children, you hit bottom and you can't bear the pressure." Galindo had reported in the past that he was the victim of espionage and telephone harassment, in addition to political persecution and death threats.

The former prosecutor said his home had been under watch by military personnel driving cars with official license plates. The Army's Department of Information and Disclosure responded that its officials had been in the area while searching for an officer in order to deliver a message. Human rights activist Helen Mack told IPS that Galindo had achieved opening a new line of investigation into the case, and said his resignation is a blow against justice. "It is evident that the army had him under constant pressure and, from that perspective, it is the government's responsibility. In spite of everything, we must continue the fight," Mack said. Adela Torrebiarte, of the Distressed Mothers association, said "it is like a light has gone out-all that is left is doubt and sadness." Obviously, she added, Galindo did not have the support he needed to continue his work.

But the Guatemalan people "must not allow ourselves to be defeated by these enormous hidden obstacles," Torrebiarte maintained. Galindo has joined a long list of people involved with the Gerardi case who have left the country. The first was Diego Perussina, a taxi driver who had told investigators that he saw a truck the night of the crime with official license plate 3201 by San Sebastian Church, where the bishop lived and was assassinated. The vehicle was registered to the military chiefs of staff. After Perussina's testimony, his family began receiving death threats and they decided to leave the country.

Judge Henry Monroy also received death threats and was forced to seek refuge in Canada. Howard Yang, a high government official, had pressured Monroy against dismissing suspicions against Mario Orantes, a priest who lived in the parish house with Gerardi. Jorge Aguilar, a former sergeant with the elite presidential protection forces, also fled to Canada. He had declared that military officers Juan Escobar Blas, Byron Lima Oliva and Rudy Pozuelos were involved in the assassination, though the three have always maintained their innocence.

The Public Ministry announced Thursday it had named Anibal Sánchez as interim prosecutor. Sánchez worked as Galindo's assistant and is entrusted with completing the investigations. But Sánchez announced "the members of the team will remain in our current posts while waiting for another agent to be named. We don't want the same fate as our former boss." Sánchez emphasized that the investigation team does not have adequate personal protection. Prosecutor general Adolfo González Rodas assured that Galindo's safety had always been taken care of. As evidence, he pointed to the increase in security personnel entrusted with protecting Galindo and his family.

"This is not the first time, nor is it the last, that a prosecutor has resigned. There should be no fear that the investigations will be abandoned," stated González Rodas.