1. Rosenberg Case, Institutionalism, Justice and Human Rights

2. The murder of Rodrigo Rosenberg has been a trigger to a serial of events in Guatemala leaving the weaken democracy of the country in risk. Even though Lawyer Rosenberg links the murder of Khalil Musa, a businessman, and his daughter to an act of corruption of Banrural Bank, up to the date there are no concrete based facts.

3. These murders are condemnable from every point of view with rash accusations, but we cannot give definitive conclusions about the accusations or other speculations related to this case.

4. However the current context of the facts reminds us other political assassinations where political figures linked to underworld gangs have created fictitious scenarios for political means.

5. We have seen it in some cases investigated by Human Rights Office of the Archbishop of Guatemala like: –Extrajudicial Execution Case of Monsignor Juan José Gerardi, Coordinator of ODHAG. –Ordoñez Porta case, among others

6. Monseñor Juan José Gerardi Case Bishop Gerardi released a report entitled "Guatemala: Never Again." Where violence acts during internal armed conflict were presented by Catholic Church as an input to the Commission for Historical Clarification where 90% of the time the perpetrators were members of the Armed Forces, particularly Guatemala’s Army.

7. Monsignor Gerardi’s Assassination case: From the beginning they were distracting hypothesis that after investigated turned out to be fake: –Crime of passion hypothesis (homosexuality) –Valle del Sol Gang hypothesis (alleged participation of organized crime, author:Luis Mendizabal)

8. In oral and public trial, The Third Court of Judgment found it was an State Crime and found guilty three army officers and a catholic priest for extrajudicial execution.

9. In this case it was clear the way the underworld gangs operated with a political target: To discredit the report “Guatemala Never Again”, to stop possible trials of Human Rights violations, to discredit ODHAG and the Catholic Church. In all the judicial proceedings we exhausted all the options and succeed.

10. Lawyer Rodrigo Rosenberg Assassination Case We notice some important elements: –Scenarios that caused political and institutional crisis and the participation of some people linked to organizations with dark objectives:

11. Luís Mendizábal: –He was linked to attempts of coups, arm traffic, he was linked to the organization “La oficinita” (institution related to clandestine actions), he admitted he convinced Rodrigo Rosenberg to make the video and then he distributed to the media

12. In the case of Monsignor Gerardi´s assassination, the Lawyer Juan Carlos Solís Oliva, brother of Captain Byron Lima Oliva declared the hypothesis originated by Valle Del Sol Gang (religious images stolen). At the end Captain Byron Lima was found guilty in Monsignor Gerardi’s case.

13. Luis Mendizábal appeared before the attorney at law, Irvin Aguilar, and then turned out to be the defense attorney of Sergeant Obdulio Villanueva who was found guilty for Gerardi’s case as is noted in the records of September 3, 1998. He went with Ms. Blanca Lidia who declared about the theft of religious images, linked it to Valle del Sol Gang.

14. Luis Mendizabal indicated in the interview of the Newspaper “El Periodico” dated May 17 of this year, that he admited the use of distracting scenarios in social impact cases.

15. Juan Carlos Solís Oliva: (brother of Captain Byron Lima Oliva, who was found guilty for the extrajudicial execution of Monsignor Gerardi ) –As stated above, he declared in Gerardi’s case the knowledge he had about the hypothesis of Valle del sol Gang created by Luis Mendizabal and then ruled out for lack of proof but that still the Army uses it as the cause for the murder of Bishop Gerardi.

16. In the case of the assassination of Lawyer Rodrigo Rosenberg, Mr. Mendizabal points out the alleged perpretators of the crime.

17. Mario David García He has linked to be involved with attempts of coups. In several occasions he has criticized ODHAG for Gerardi’s case and even though he didn’t participate directly in Gerardi’s case, he recently and repeatedly attacked the ODHAG in a radio show in Guatemala called “Hablando Claro” for the process ODHAG was doing in Monsignor Gerardi’s case, asking people linked to the case to make fake accusations against us.

18. In Rosenberg case he participated by recording the video where the Lawyer makes accusations against the President, The First Lady and other Government employees. He denied it at first in an interview with the media, but then he is forced to admit it because of the investigation.

19. Other cases where the “Oficinita” has participated (office linked to Luis Mendizabal) Rodolfo Ordóñez Porta Case: –A businessman murdered, related to petroleum industry. This case was conducted by the Public Ministry Prosecutor, Rosario Acevedo Peñate and her advisor was Luis Mendizabal. We found distorted facts, distorted information and the accusation of possible crime authors in order to cover the real crime authors. Luis Mendizábal indicated in the Newspaper “El Periodico” that Maria del Rosario Acevedo Peñate was proposed for the position of Ministry of Interior (elPeriodico, May 17, 2009)

20. Case of Beberly Sandoval Richarson Kidnapping and Murder –We found distorted facts, distorted information and the accusation of possible crime authors in order to cover the real crime authors. –Luis Mendizabal was the advisor of Rosario Acevedo Peñate, Public Ministry Attorney

21. The above information is not meant to make an accussation against the above people but to establish some common denominators in political cases Scenarios have been set in order to distort the facts and to cover the real responsibles.

22. Some other Thoughts: Historically in Guatemala, power groups act only if they feel their interests are in risk and only then they make actions to block these threatens. The media has played a crucial role but could use better this advocacy power and manage the information with responsibility.