Lic. Rodolfo Mendoza
Ministro de Gobernacion, Ministerio de Gobernacion
Despacho Ministerial, Of. No. 8
Palacio Nacional, 6 Calle y 7 Avda, Zona 1
Cuidad de Guatemala
Guatemala

Sr. Ministro:

I wish to express my concern regarding the murder of 17-year-old Erwin Americo Orantes Martinez and the attempted murder of Nicolas Cruz Ruiz on 23 June 1995 in Guatemala City. I understand that these two youths, along with a number of other street children, were attacked by a man with a gun dressed in civilian clothes. Erwin Americo Orantes Martinez was fatally wounded and Nicolas Cruz Ruiz was wounded in the right leg. The assailant told one of the other children, Rosa Angelica Vega, that he was with the Departmento de Investigaciones Criminalistas (DIC). Despite the reported presence of several police officers, the suspect was not detained at the scene of the crime.

Two years have now passed since the murder of Erwin Americo Orantes Martinez and attempted murder of Nicolas Cruz Ruiz, but Guatemalan authorities have still not identified the killer. The Presidential Coordinating Commission of the Executive's Policy on Human Rights has acknowledged that he probably is a DIC agent, but still no significant investigations have been conducted to find him.

I am very concerned at the apparent lack of concern your government has exhibited in attempting to resolve this case. I urge you to use your influence to ensure that a prompt and impartial investigation is conducted, and the attacker identified and held accountable for his deeds. Compensation should be awarded to the victims and their relatives for the injustice they have endured.

Unfortunately, incidents of street children being attacked and killed or tortured by members of police or security forces have become commonplace in Guatemala. I therefore strongly urge your government to adopt and implement a code of conduct for the members of the security forces. Such a code of conduct should be based on the United Nations Code of Conduct for Law Enforcement Officials and the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

In addition, please ensure that all children in Guatemala, regardless of their social or economic status in society, have the right to full protection of the law. This includes the right to be considered innocent until proven guilty, the right to due process, and the right not to be subjected to torture or cruel, inhuman, or degrading treatment, in accordance with Articles 37 and 40 of the United Nations Convention on the Rights of the Child.

Respectfully yours,