Paris le 19.10.2005

Letter and Fax : Fax nos: +502 2362 0237/2361 5657

URGENT APPEAL IDHAE Case of of lawyer Romeo Monterrosa and his family

Nos réf :       050963 BF/CH

Dear Minister,

The European Bar Human Rights Institute (IDHAE). whose affiliated are the  the International Committee of The Law Society of England and Wales, the  Human Rights Institutes of the Bar of Paris, Brussels, and Bordeaux,  as well as the Union of European Lawyers  and the Polish Bar human Rights Institute, has as among  its aim   interventions, regardless of the limitations of borders, in favour of freedom and the fundamental rights of lawyers.

Or Institute is very concerned  for the safety of lawyer about the case of lawyer Romeo Monterrosa and his family who have received a string of death threats, and suffered intimidation, believed to be linked to his work defending peasant farmers against powerful landowners.

We understand that Romeo Monterrosa is representing the human rights organisation Grupo de Apoyo Mutuo (GAM), as party to the state prosecution proceedings, in charging the owner of the El Corozo farm with the murder of eight farm workers who were shot dead during protests against the land owner on 24 January 2005. I am informed that police were present at the time but took no action. The families of the victims have withdrawn their charges, allegedly under pressure from the landowner. Judge José Víctor Bautista Orozcoin was withdrawn from the case in April 2005; he was murdered a few days later.

Romeo Monterrosa is also representing the farm workers who claim ownership of the Colonia La Catorze farm, which is on the coast in Puerto San José. The farm was sold to a Panamanian company in 1996, despite the fact that the Constitution prohibits non-Guatemalans from owning property within 15 kilometres of the country's borders, including its coastline.

We are also informed that on 30 September, while at a meeting to discuss land rights cases in the office of the Solicitor General, Romeo Monterrosa received a text message on his mobile saying "sabes que sos un hijo puta y que todo lo que has hecho en tu puta vida lo vas a pagar con lo que más quieres." Romeo Monterrosa fears that "lo que más quieres " means his daughters. Two days earlier his wife had been followed to work by a pick-up truck. During the night of 8 October, there was an unsuccessful attempt to break into Romeo Monterrosa's office.

We understand that the Grupo de Apoyo Mutuo reported all this to the Supreme Court on 11 October, asking the authorities to order an investigation.

On 16 October, Romeo Monterrosa's wife received three text messages that appeared to come from Romeo Monterrosa's mobile phone, between 4 and 5 p.m. The first read, "Comuniquese conmigo, me urge hablarle", the second "Le estoy llamando, devuelvame la llamada", and the last simply "Comuniquese". She contacted him but Romeo Monterrosa had not sent any messages.

In this context, We wish to draw your attention to Articles 16, 17 and 18 of the United Nations Basic Principles on the Role of Lawyers (1990) which state that:

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

In view of the above, We respectfully urge you take immediate measures to protect and ensure the safety of Romeo Monterrosa and his family, in accordance with their wishes. I further urge you to order a prompt, impartial and exhaustive investigation into the death threats and intimidation made against them and the attempted burglary of his office, the results of which should be made public and those responsible brought to justice.

Yours sincerely,

Christophe  PETTITI                             Bertrand FAVREAU

  General Secretary                                         President