I. Introduction
In 1995 U.S. Representative Robert Torricelli disclosed that Efrain Bamaca Vela´squez, a Mayan resistance leader in Guatemala, had been extrajudicially executed by a former paid CIA informant. Bamaca's wife, U.S. citizen Jennifer Harbury, had been searching for him since his 1992 "disappearance", and had carried out three life-threatening hunger strikes in an effort to save his life. In the ensuing political scandal, the official U.S. position was that rogue operators within the CIA had known of Bamaca's fate but had failed to inform the Department of State, which had, as a result, unwittingly misinformed Harbury.
Since that time Harbury has steadily obtained official documents about her case through her Freedom of Information Act litigation. These shed a great deal of light on the truthfulness of the "official story", as well as the questions as to who knew what, and when they knew it, within the U.S. government.
II. Background
In 1992 Efrain Bamaca Vela´squez, a Mayan resistance leader also known as Comandante Everardo, vanished during a brief combat in Guatemala. The Guatemalan army reported that he had died in the skirmish, but his wife, U.S. citizen Jennifer Harbury, later learned from an eye witness that he had in fact been captured alive and was being subjected to severe torture in a nearby military base. Because of his high rank and unusual level of information, army officials were seeking to break him psychologically through long term torture. The goal was not to kill him, but to force him to work as a secret informant for the army's intelligence division. In order to avoid international outcry, military officials had falsely claimed his death in combat. The witness also reported more than thirty other secretly detained prisoners of war.
Upon receiving this information in early 1993, Harbury approached the OAS as well as the Department of State and a number of human rights organizations for help. That summer, she traveled to Guatemala and opened the grave where her husband had been reportedly buried, only to find the body of a far younger and smaller person with very different dental records. She promptly reported this finding to U.S. Ambassador Marilyn McAffee, who promised to look into the matter immediately and report back to Harbury. Harbury then engaged in her first hunger strike in Guatemala, in September 1993, in front of the Polytechnica, demanding that her husband and all other clandestinely detained prisoners be turned over to the courts for fair trials.
Upon her return to the United States, Harbury again and again sought the assistance of the Department of State and the U.S. Embassy. Although support increased from the OAS, the U.S. Congress, and numerous human rights organizations, State Department officials repeatedly stated that they had tried again to obtain information, that the Guatemalan army stated they had never captured Bamaca, and that nothing else could be done. State Department form letters to Congress and concerned citizens claimed that there was no independent evidence that any secret prisoners of war existed in Guatemala, and that they were concerned about the Bamaca case and would continue to press for information.
In October of 1994 Harbury began a hunger strike to the death in front of the National Palace in Guatemala. This lasted for thirty two days, from early October through early November. Ambassador McAffee frequently came to visit in person, and a staffer arrived almost daily to monitor her situation. These persons continued to give Harbury the same official statements. After Harbury passed some thirty days without food, Mike Wallace announced on "60 Minutes" that the U.S. Embassy did indeed have information about Bamaca, but was refusing to disclose it to Harbury or anyone else. Such information consisted of a CIA report to the Department of State clearly informing them that Bamaca had been captured alive by the Guatemalan army and secretly detained. On the thirty second day of Harbury's hunger strike, the Ambassador informed her that a demarche had been presented to the President of Guatemala, stating that according to U.S. intelligence sources, Bamaca had been captured alive by the Guatemalan army, that he had been slightly but not seriously wounded, and that there was no evidence to show that he was still alive. Harbury, having also been invited to speak with Anthony Lake in Washington, then returned to the U.S. to press for protection of her husband's life.
Anthony Lake gave Harbury the same oddly worded message delivered by the Ambassador. When pressed as to whether or not there was any information as to Bamaca's actual death, as opposed to a mere lack of evidence that he remained alive, Lake informed her that U.S. officials had "scraped the bottom of the barrel" and that there was nothing more, but that he would keep her informed. Harbury then returned to the Department of State and was given the same message yet again. She demanded all documents about her husband's fate but did not receive them. When she asked again and again if there was any evidence of any kind to suggest that her husband was dead as opposed to "missing", she was told that they did not know what had happened to him and would assume he was alive for purposes of the ongoing investigation.
In January 1995 filed her Freedom of Information Act demands with all relevant agencies, but received no documents. When informed by a journalist that a second demarche had been given, she confronted State Department officials as well as the Ambassador. She was told only that --a request had been made to "reinterview" certain military officials in Guatemala. When Harbury pressed repeatedly for any evidence about her husband, she was told that the U.S. officials believed he was dead because they could find no evidence that he was alive, and some three years had passed, but that there was nothing concrete, that they did not know what had become of him, and would assume he was alive for purposes of the investigation. Harbury asked members of the U.N. team, MINUGUA if they had been given further information by the U.S. Embassy. MINUGUA had been asked by the U.S. to investigate the case, even though they would be jurisdictionally barred from looking into the matter if Bamaca were known to be dead. The MINUGUA officials reassured Harbury that Embassy officials did not know what Bamaca's fate was, and that all were assuming that he was still alive. Rep. Richardson and former Ambassador Robert White traveled to Guatemala on Harbury's behalf but were given no further information.
Presented with this situation, Harbury returned to her hunger strike, this time in front of the White House in Washington D.C. in March 1995. Two days earlier, Ambassador McAffee gave a speech in Guatemala about the need to end impunity, stating, "And that is why questions continue to swirl about the Bamaca case ... what happened there?" After Harbury had spent 12 days on this third strike, Rep. Torricelli publicly disclosed that Bamaca had been executed without trial in 1992 upon orders of Col. Julio Roberto Alpirez, a School of the Americas graduate and a former paid CIA informant. Alpirez was also implicated in the murder of U.S. citizen Michael Devine.
The official response was that although the CIA had possessed the information, certain rogue operators had kept the State Department officials in the dark about the evidence. Thus the State Department was in fact a victim as well and had "innocently" disinformed Harbury. The following documents clearly indicate that this was never the case.
III. U.S. Agency Files: An Evaluation
A. 1992-1994
During this time period, the official State Department position was typified by the enclosed form letter sent to U.S. Senator Brown, dated Nov. 1993, stating that no independent information existed as to Mr. Bamaca or any clandestine prisoners. Harbury was told again and again by State officials that they had ,repeatedly made inquiries, and were informed by the army that Bamaca was never captured alive, and that there was little else that could be done. This position continued through most of Harbury's 32 day hunger strike from early October to early November 1994. In fact, agency documents reveal the following:
1. A March 18, 1992 CIA report was sent to both the White as well as to the State Department, announcing that Comandante Everardo had been captured alive, and that the army would probably fake his death to better take advantage of his intelligence. This report was sent out a mere six days after Everardo's capture.
2. State Department has claimed that it could not find this document because it did not have both names, or at least did not have both names spelled right. In fact a March 1993 State Department memo reports Harbury's first request for help, and notes both "Everardo" and "Efrain Bamaca Vela´squez" spelled correctly. Nevertheless, Harbury did not receive the March 18, 1992 CIA report, nor did Congress.
3. After Harbury's March 1993 request for help, U.S. officials did make inquiries. A State Department Chronology notes a mid-May 1993 report from Guatemalan military officials that they find the eye witness's account of seeing Bamaca alive to be credible, and that some 340-360 secret prisoners of war did in fact exist. Disturbingly, the full text of that mid-May report is also available. A key portion was left out of the official State chronology. That omitted portion states that one of the military officers reported that Bamaca was still alive. This was not reported to Harbury, to Congress, or to the OAS or the U.N. If the report is correct, this may well have been the last chance to save Bamaca's life, or the lives of the other secret prisoners.
4. In September 1993 Harbury had just opened the grave in Guatemala and was engaged in her first hunger strike in front of the Polytechnica. Ambassador McAffee had promised to look into the matter at once and get back to her with information. In September 1993 the DIA sent a letter to the State Department as well as to the U.S. Embassy in Guatemala (see second page). It states that Bamaca was not killed in combat, but was captured alive, interrogated many times, and killed. It also makes clear that clandestine prisoners have always existed in Guatemala, and the once the military "extracts" desired information from a secret prisoner, such prisoner is routinely executed without trial. Later, it was suggested that this letter somehow never arrived at State or the Embassy. However, a Nov. 9, 1994 memo notes that "a significant DIA report ... related to the Bamaca case was flagged for our attention by the Embassy Guatemala.... 11 so the Embassy clearly had received this report.
5. A Dec. 1993 Embassy memo describes an Embassy staffer's discussion with someone who Mr. Bamaca's military captors. The informant correctly listed the Santa Ana Berlin base as one of the places of Mr. Bamaca's detention. This confirmed Santiago Cabrera Lopez's story. Yet the information was never shared or reported.
6. A November 1994 letter from De Concini to Anthony Lake notes the CIA reports that Bamaca was captured alive, and suggests that this be shared with Harbury before she dies on her hunger strike in Guatemala.
B. Nov. 1994-March 1995
During this time period, the 1160 Minutes" broadcast forced a change in the official U.S. position. officials now stated that intelligence sources indicated that Bamaca had indeed been captured alive, had been lightly but not seriously wounded, and that there was no evidence to show that he was still alive. When pressed for an explanation of such stilted wording, they stated that an intensive investigation was being carried out and that Bamaca had not been found alive, that there was nothing concrete to show he was dead, that they did not know what had become of him, and that they would assume he was alive for purposes of the investigation. The files show otherwise.
1. Preparation notes for Anthony Lake prior to his meeting with Harbury in Nov. 1994, state that there is reason to believe that the Guatemalan army operates clandestine prisons and may have captured and possibly executed him.
2. A Nov. 1994 bulletin from the Embassy to the State Department and the National Security Council, notes a credible report that Bamaca was assassinated by the army, probably "disposed of at sea". (referring to routine practice of tossing prisoners from helicopters). This recommends that the demarche state that Bamaca was captured alive, and killed.
3. Form letter from White House to Senator Barbara Mikulski, Nov. 1994, stating that Bamaca was captured alive in 1992, and that there is no information to show he is still alive. The letter also states that the information has been shared with Harbury, and that they will continue to press the army for the answers on the fate of Bamaca.
4. Nov. 30, 1994 memo giving guidance for public statements. This repeats the official story. Penned at the bottom is the statement "If asked: Did you have info he was thrown out of a helicopter?", the suggested response is "No that is not the case. We have been as forthcoming with Harbury as possible.... 11.
5. Nov. 1994 DIA document sent to Dept. of State, reports that Bamaca was held prisoner in San Marcos and interrogated by members of the military G-3 division. Names are given. It is also stated that Bamaca was drugged by army physicians and placed in a body cast to prevent his escape. The report also speculates that a number of the other prisoners of war may have been killed. This document was clearly given to the Embassy, because the last paragraph contains an Embassy comment. See also, below, the document criticizing State officials for not sharing this "startling" information sooner.
6. Dec. 30, 1994, comments on Harbury's radio interview. Harbury had stated she would not wait until her husband was tortured then thrown from a helicopter. Startled State staffer notes that the phrase "leapt out at me".
7. Dec, 1994 memo re Mike Wallace. Wallace apparently accused State Department of withholding information that Bamaca was indeed dead. The responding memo states "Good grief, I mean good grief.... 11 and recommends sticking with the official story.
8. Dec. 1994 notes : A State Department staffer writes that they told Harbury there was no information that Mr. Bamaca had been killed, and that she seemed to accept that.
9. January 1995 CIA memo to the White House and to the State Department, reports that Col. Alpirez killed Bamaca and that this is well known throughout higher level of army officials in Guatemala. Also enclosed are internal State memos regarding discussions as to what to do with this information and what to tell Harbury.
10. Heavily censored document of February 1995, noting information that Bamaca was placed in cast to prevent his escape. Report indicates frustration with the State Department for not sharing such "startling and important" information.
11. U.S. Embassy March 10, 1995 Press Conference. Spokesperson, when asked if there is new info on the Bamaca case as Harbury's third hunger strike was to begin soon, states that there is nothing new to add to their official position.
12. Ambassador McAffee's public speech, March 10, 1995, two days before Harbury's third hunger strike, states, "And the Bamaca case ... what happened there?"
C. Post-Torricelli Disclosures
1. State Department notes that Rep. Richardson is outraged that he was not properly informed of the intelligence before he traveled to Guatemala on the case.
2. Internal memo to Watson, berating State for delays in divulging the information.
3. Internal memo stating that State officials were not legally proscribed from divulging the information to Harbury. As the executive branch, they had the power to declassify the info and give it to her.
D. Re: Bamaca
1. Internal Report that Alpirez confessed that Bamaca had been a clandestine prisoner and was extrajudicially executed, to the Guatemalan Attorney General, who in turn failed to report this confession to the proper authorities.
2. Reports that Bamaca was repeatedly drugged by army physicians and placed in full body cast to prevent his escape.
3. Times report that Alpirez received $44,000 in July of 1992. This is the same month the eye witness observed Alpirez torturing Everardo.
4. Reports on routine abuse and extrajudicial execution of other POWs.
5. Report that military leaders would block the Las Cabanas exhumation, because there were indeed human remains buried there,
and they hoped to delay until the peace accords were signed and they would presumably receive an amnesty for human rights violations.
IV. Conclusion
High level State Department officials and other U.S. officials were fully aware of the fate of Efrain Bamaca Vela´squez as of the week of his 1992 capture. They were aware of both his legal name and his pseudonym and his relationship to U.S. citizen Jennifer Harbury no later than March 1993. They were informed that he and other secretly detained prisoners of war were still alive in the spring of 1993. When Harbury began her first hunger strike in September 1993, they had received clear information that Bamaca had been extrajudicially executed. This information continued to flow into their offices throughout Harbury's second and third hunger strikes. This information was not relayed to Harbury or to Congress or to inquiring human rights officials.
NOTE: The Appearance of a Gringo...
In late 1997 a former prisoner of war was able to escape, with great difficulty, from Guatemala. He too has seen Everardo during the early days of his capture, and his story squared fully with the testimony of Santiago Cabrera Lopez.
He was also able to give the real names of several more of the G-2 officials involved in Mr. Bamaca's secret detention, torture and murder. Most chillingly, he described the participation of an internal G-2 death squad known as the "Comando", which also used such names as the Jaguar Avengers, and others. When Everardo was taken from the Santa Ana Berlin military base to the capital city in the spring of 1992, he was taken by helicopter. On board with him were two infamous Comando members. Also on board was a man about six feet tall with sandy hair, and light eyes. He also had very hairy arms...all very unusual for a Guatemalan. When I asked if this man might have been one of the few Guatemalans with such physical characteristics, the witness said no. If Guatemalan, he could only have been in the helicopter on such as top secret mission if he was with the Guatemalan army...yet his pilot's overalls had no required military insignia. When asked if there was anything else was noteworthy he replied that the man was wearing made in the USA combat boots. A second witness has confirmed the appearance of a gringo.
When the CIA was asked if any key documents were being withheld, they admitted that they had not listed some four 1992 documents which directly related to Mr. Bamaca. He was alive during this time period and subjected to severe torture. These, the CIA continues to withhold.