Information on the situation faced by well-known guerrilla members returning or being returned to Guatemala [GTM16744.E]

Information on this specific subject could not be found among the sources currently available to the DIRB in Ottawa. However, please refer to the attached articles which mention the 27 August 1993 attack on Joaquin Jimenez Bautista, a coordinator of the Association of Dispersed Refugees (ARDIGUA), who had returned to Guatemala from Mexico (Amnesty International 31 Jan. 1994; Centroamerica Jan. 1994, 4; Human Rights Watch Report 1994, 101; Guatemala Human Rights Update 10 Dec. 1993 a, 1; ibid. 1 Oct. 1993, 1). Bautista was assaulted by civil defense Patrol (PAC) members, who accused him of committing atrocities as a guerrilla in the early 1980's (ibid.). He was later released and returned to Mexico (Amnesty International 31 Jan. 1994). In January 1994, the Guatemalan Public Ministry issued a warrant for his arrest and seeks his extradition from Mexico (Centroamerica Jan. 1994, 4; Guatemala Human Rights Update 10 Dec. 1993 a, 1). The Ministry accused him of a series of massacres and other human rights abuses, including the kidnapping, torture and murder of his brother Todos Santos (ibid.). Bautista responded that "it was these very assassinations that led him to seek refuge years ago in Mexico." (ibid.).

Several sources report that the Guatemalan Army continues to link Guatemalan refugees in Mexico with the guerrillas (Amnesty International 1 Mar. 1993; Central America Report 11 Feb. 1994, 7-8; Central America Newspak 13-26 Dec. 1993, 4-5; Centroamerica Feb. 1993, 3; Guatemala Human Rights Update 7 Jan. 1994, 4; ibid. 22 Dec. 1993, 6; ibid. 10 Dec. 1993 b, 4; The Economist 16 Jan. 1993, 44-46; Time 1 Feb. 1993, 15; Reuters 12 Jan. 1993; The Washington Post 21 Jan. 1993). Reports released in January 1993 stated that the army threatened to arrest returning refugees sympathetic to the guerrillas (Amnesty International 1 Mar. 1993; Centroamerica Feb. 1993, 3; The Economist 16 Jan 1993, 44-46; Time 1 Feb. 1993, 15; Reuters 12 Jan. 1993; The Washington Post 21 Jan. 1993). The current government of President Ramiro de Leon had promised an amnesty for guerrilla leaders following a cease-fire, and invited them to return to Guatemala to take part in the national reconciliation (Reuters 5 Oct. 1993). However, harassment of refugee delegations by civil patrols and military authorities are still being reported (Guatemala Human Rights Update 29 Oct. 1993, 1).

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Amnesty International. 31 January 1994. Urgent Action. (AI Index: AMR 34/04/94). London: Amnesty International.

. 1 March 1993. Urgent Action. (AI Index: AMR 34/06/93). London: Amnesty International.

Central America Newspak [Austin, Tx]. 13-26 December 1993. Vol. 8, No. 23. "Returning Refugees Confront Army."

Central America Report [Guatemala City]. 11 February 1994. Vol. 21, No. 5. "CPRs Return to Their Lands."

Centroamerica [Minneapolis, MN]. January 1994. Vol. 9, No. 1. "Guatemala: Arrest Warrant Issued for Refugee Representative."

. February 1993. Vol. 8, No. 2. "Guatemala: Refugee Return Begins."

The Economist [London]. 16 January 1993. "Guatemala: Going Home."

Guatemala Human Rights Update [Albuquerque, NM]. 7 January 1994. "Refugees Plan January 12 Return to Nenton."

. 22 December 1993. "Defense Minister Says Repatriates Are Manipulated by URNG."

. 10 December 1993 a. "Arrest Warrant Issued for Refugees Representative."

. 10 December 1993 b. "Army Blocks Refugee Return, Implies Guerilla-Refugee Link."

. 29 October 1993. "Refugees Schedule November Return to Ixcan."

. 1 October 1993. "Attacked Refugee Testifies Before Human Rights Commission."

Human Rights Watch. 1994. Human Rights Watch World Report 1994. New York: Human Rights Watch.

Reuters. 5 October 1993. "Guatemala's De Leon Unveils Peace Plan." (NEXIS)

. 12 January 1993. Edward Evans. "Guatemala Refugees Insist on Returning Home." (NEXIS)

Time [Toronto]. 1 February 1993. "Cautious Homecoming: Guatemalan Refugees Return After More Than a Decade in Mexican Exile."

The Washington Post. 21 January 1993. "Vanguard of Guatemalan Refugees Return From Exile." (NEXIS)

Attachments

Amnesty International. 31 January 1994. Urgent Action. (AI Index: AMR 34/04/94). London: Amnesty International.

. 1 March 1993. Urgent Action. (AI Index: AMR 34/06/93). London: Amnesty International.

Central America Newspak [Austin, Tx]. 13-26 December 1993. Vol. 8, No. 23. "Returning Refugees Confront Army," pp. 4-5.

Central America Report [Guatemala City]. 11 February 1994. Vol. 21, No. 5. "CPRs Return to Their Lands," pp. 7-8.

Centroamerica [Minneapolis, MN]. January 1994. Vol. 9, No. 1. "Guatemala: Arrest Warrant Issued for Refugee Representative," p. 4.

. February 1993. Vol. 8, No. 2. "Guatemala: Refugee Return Begins," p. 3.

The Economist [London]. 16 January 1993. "Guatemala: Going Home," pp. 44-46.

Guatemala Human Rights Update [Albuquerque, NM]. 7 January 1994. "Refugees Plan January 12 Return to Nenton," pp. 4-5.

. 22 December 1993. "Defense Minister Says Repatriates Are Manipulated by URNG," p.6.

. 10 December 1993 a. "Arrest Warrant Issued for Refugees Representative," p. 1.

. 10 December 1993 b. "Army Blocks Refugee Return, Implies Guerilla-Refugee Link," p. 4.

. 20 October 1993. "Refugees Schedule November Return to Ixcan," p. 5.

. 1 October 1993. "Attacked Refugee Testifies Before Human Rights Commission," p. 1.

Human Rights Watch. 1994. Human Rights Watch World Report 1994. New York: Human Rights Watch, pp. 100-03.

Reuters. 5 October 1993. "Guatemala's De Leon Unveils Peace Plan." (NEXIS)

. 12 January 1993. Edward Evans. "Guatemala Refugees Insist on Returning Home." (NEXIS)

Time [Toronto]. 1 February 1993. "Cautious Homecoming: Guatemalan Refugees Return After More Than a Decade Mexican Exile," p. 15.

The Washington Post. 21 January 1993. "Vanguard of Guatemalan Refugees Return From Exile." (NEXIS)