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UA 184/91 - Guatemala: fear of "disappearance": Silverio Pastor Itzep, Pablo Itzep Hernandez, Silverio Pastor Itzep Tercero, Teodoro Pastor Itzep, Francisco Pastor Hernandez, Rolando Pastor Hernandez, Pablo Juan Perez

, Index number: AMR 34/022/1991

EXTERNAL (for general distribution) AI Index: AMR 34/22/91
Distr: UA/SC
UA 184/91 Fear of "disappearance" 30 May 1991
Guatemala: Silverio PASTOR ITZEP, aged 36
Pablo ITZEP HERNÁNDEZ, aged 46
Silverio PASTOR ITZEP TERCERO, aged 25
Teodoro PASTOR ITZEP, aged 17
Francisco PASTOR HERNÁNDEZ, aged 29
Rolando PASTOR HERNÁNDEZ, aged 19
Pablo Juan PÉREZ
Amnesty International is concerned for the safety of Silverio Pastor Itzep, Pablo Itzep
Hernández, Silverio Pastor Itzep Tercero, Teodoro Pastor Itzep, Francisco Pastor Hernández
and Rolando Pastor Hernández, who were arrested without warrant in the Cantón Xequiquel,
in Chiul, Cunén municipality, in the department of El Quiché in late May 199. They are
currently detained under the custody of the local Patrulla de Autodefensa Civil (civil
defence patrol) without having been brought before a judicial authority and without access
to legal counsel.
According to the information received by Amnesty International, at about 11.30 am
on 24 May 1991 Silverio Pastor Itzep was taken from his house by the two civil patrol chiefs
of his cantón, who then handed him over to the military commissioners in Chiul. Later that
day, the military commissioners and the civil patrol chiefs reportedly called all the
patrollers of Xequiquel to a meeting in Chiul where they demanded that Silverio Pastor
Itzep hand over his 15-year-old daughter, Eusebia Pastor, or inform them where she could
be found. She has not been seen since 31 March 1991. The military commissioners claim
that she has joined an armed opposition group. Although Silverio Pastor Itzep denied all
knowledge of his daughter's whereabouts, the military commissioners reportedly took him
away on foot to an unknown destination, refusing to tell the family where he was being
taken. Writs of habeas corpus were immediately filed on his behalf, with no result.
Pablo Itzep Hernández was arrested in a similar way by the same two civil patrol
chiefs at about 6.30 pm on 26 May, and was also handed over to the military commissioners
in Chiul. Relatives of Pablo Itzep Hernández have reported that they have repeatedly been
accused of being members of the armed opposition.
On 28 May, at about 5.30 am, Silverio Pastor Itzep Tercero, Teodoro Pastor Itzep
(cousins of Silverio Pastor Itzep), Rolando Pastor Hernández and Francisco Pastor Hernández
were arrested by civil patrol members and taken to the military post (destacamento) in
Chiul. At about 11.00 am, the military reportedly called the villagers to a meeting where
the four detainees, together with Pablo Itzep Hernández and Silverio Pastor Itzep, were
presented as guerrilla collaborators. At that meeting, Rolando Pastor Hernández and Silverio
Pastor Itzep both admitted to some of the charges, and Rolando Pastor Hernández identified
Silverio Pastor Itzep's son, Eric Rafael Itzep Castro, as the person who had introduced
them to the armed opposition. According to information received by Amnesty International,
both men had been made to drink alcohol and consume some drugs before the meeting. At the
end of the meeting, the military informed the villagers that the six men would be taken
to Santa Cruz del Quiché to be presented to the press as members of the armed opposition
and to "resettle them elsewhere" ("para reubicarlos en otro lugar").
Amnesty International is also concerned at the legal situation of Pablo Juan Pérez,
who has reportedly been held for several days at the military post in Chiul under the
accusation of being a member of the armed opposition. No legal proceedings have reportedly
been initiated against him. (Article 6 of the Guatemalan Constitution provides that no
one can be arrested or detained without a warrant issued by the relevant judicial authority,
and that those detained should be brought before a magistrate within six hours.)
page 2 of UA 184/91
BACKGROUND INFORMATION
President Jorge Serrano Elías took office in Guatemala in January 1991. During his
presidential campaign he had pledged to ensure protection of human rights. In April several
policemen were sentenced for human rights violations against street children and the
establishment of a commission of inquiry into the "disappearance" of over 40,000 people
since the early 1980s was announced. However, Amnesty International remains seriously
concerned at what appears to be a deterioration in the human rights situation in the country
in the past months, including killings, torture and "disappearances".
RECOMMENDED ACTION: Telegrams/telexes/faxes/express and airmail letters:
- expressing concern at the reports of the detention without warrant of Silverio Pastor
Itzep, Pablo Itzep Hernández, Silverio Pastor Itzep Tercero, Teodoro Pastor Itzep, Francisco
Pastor Hernández, Rolando Pastor Hernández and Pablo Juan Pérez;
- urging that they be brought immediately before a judicial authority in compliance with
constitutional provisions and that they be granted access to legal counsel;
- asking for guarantees for their physical safety while in detention.
APPEALS TO
S.E. Jorge Serrano Elías
Presidente de la República de Guatemala
Palacio Nacional
Guatemala, Guatemala
Telegrams: Presidente Serrano, Guatemala,
Guatemala
Telexes: 5331 CAPRES GU
Faxes: + 502 2 537472
+ 502 2 519702
Gral. Luis Francisco Mendoza García
Ministro de Defensa
Ministerio de Defensa
Palacio Nacional
Guatemala, Guatemala
Telegrams: Ministro Defensa Mendoza,
Guatemala, Guatemala
Telexes: 5361 COMGUA GU
Faxes: + 502 2 537472
COPIES TO:
Señor Acisclo Valladares
Procurador General de la Nación
Procuraduría General de la Nación
18 Calle 10-36
Zona 1, Guatemala
Guatemala
Telegrams: Procurador General,
Guatemala, Guatemala
Lic. Ramiro de León Carpio
Procurador de Derechos Humanos
Avenida Simeón Cañas 10-61
Zona 2,
Guatemala, Guatemala
Padre Andrés Girón León
Presidente
Comisión de Derechos Humanos
Congreso Nacional de la República
9 Av. 9-48, Zona 1
Guatemala, GUATEMALA
Señores
Consejo de Comunidades Etnicas
"Runujel Junam" (CERJ)
5a Avenida 3-13, Zona 5
Santa Cruz del Quiché
Guatemala
Diario Siglo XXI
7a Avenida 11-79
Edificio Galerías España, 6o piso
Zona 9, Guatemala, Guatemala
and to diplomatic representatives of Guatemala in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section
office, if sending appeals after 1 July 1991.

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