1. Case Against the Guatemalan Military

The case for the abduction, secret detention, mental and physical torture, and extrajudicial execution, of Comandante Everardo, or Efrain Bamaca Velásqeuz, together with the related matters of obstruction of justice, first went to the Inter-American Commission for Human Rights of the Organization of American States. This case was filed with the Commission in 1993. The Commission carried out a lengthy investigation, then sent the case to the Inter-American Court in San José, Costa Rica for a full international trial.

The trial began in the Court in May 1998, with a second evidentiary hearing held in November 1998. At the time of this writing, final briefs are being prepared by all parties, and a Court decision is hoped for this year. The Inter-American Court can only hold cases that are civil in nature, not criminal.

2. Case Against the United States Officials

A federal civil rights case has also been filed against a number of United States officials in the State Department, White House, and the CIA. There are a variety of claims made under the constitution, international law and other statutes. One portion of the claims is based on the direct implication of certain U.S. officials in Everardo's torture and murder. Another portion is based upon the false statements made that no information existed, when in fact a report was received that he was still alive. For more details, see the document analysis below. The case is now pending in federal district court.

3. Freedom of Information Act Case

Litigation will soon draw to a close. A great deal of information has been withheld. However, the files do tell a disturbing story. A detailed analysis is included below.

In answer to the million dollar question, "Could we have saved Everardo if the truth had been revealed in a timely manner?" -- the files show that yes, we could have. A clear report was received by the CIA and passed on to the State Department and the White House in the spring of 1993. It stated that Everardo was still alive. Meanwhile, as we already know, Everardo was in the hands of several military officials on CIA payroll--in short, in our own hands. Yet the State Department form letter, responding to all inquiries, including those from Congressional offices, simply stated that there was no information about his fate. In short, yes, he and the other prisoners could have been saved. Instead, United States officials blocked their rescue. Once the truth was finally revealed, it was too late. The prisoners were dead.

The following is a summary of key documents.