Dear Mr. President,

 

The Human Rights House Foundation (HRH) writes to you now regarding the case of Bruce Harris; the Latin American Director of the New York based “Covenant House”, a Catholic charity that cares for more than 10,000 homeless children in Mexico and Central America each year.

 

The urgency of this letter is that Mr. Harris was ordered to stand trial in Guatemala City on January 22nd, 2004 at 9am in the 12th Criminal Sentencing Court. Despite pleas for him not to go, he did, on the conviction that there should be no risk in telling the truth and exercising one’s right to freedom of speech. Harris is supposed to receive his sentence today, Friday the 30th of January. This is why the President’s urgent action is required.

 

A full chronology of the case against Mr. Harris can be found at

http://www.casa-alianza.org/EN/human-rights/adoptions/bhcase/

but here is the essential information concerning this case:

 

In 1996, Covenant House – known locally as Casa Alianza – was asked by the country´s Attorney General´s Office (Procurador General de la Nacion) to assist them with an investigation into the illegal adoptions of babies. A year later, in a public press conference, the Attorney General, Asisclo Valladares and Mr. Harris, made public the information and reported that 18 people were involved in irregular adoptions. The two also reported that criminal complaints had been made against them.

 

Mrs. Susana Luarca de Umana, one of the lawyers named in the report, has participated in scores of adoptions. Mrs. Luarca de Umana – whose husband at that time was the President of the Guatemalan Supreme Court – accused Harris of defamation, perjury and calumny. In Guatemala, defamation is a criminal offence carrying a five-year jail term. Mrs. Luarca de Umana did not file charges against the Attorney General.

 

Mr. Harris argues that the right to freedom of expression is protected under Article 35 of the Guatemalan Constitution. In this article, it says that any freedom of expression-related legal issues should be resolved in a Printers´ Tribunal, a civil instance with a maximum sentence of six months´ house arrest. However, over the years, the lower courts in Guatemala have set the rule of law aside in numerous such cases. Mr. Harris’s case has been no exception. In 1998, it was taken to the highest court in Guatemala, the Constitutional Court, which ruled that Mr. Harris did not have freedom of expression in Guatemala, as he is not a journalist. In an opinion before the Court, the Guatemalan Public Prosecutor argued that Harris DID have freedom of speech, but the Magistrates ignored that position. This sent the case back to the criminal court, where Harris faces a lengthy jail term. One cannot appeal against Constitutional Court rulings. On Tuesday the 27th of January, Mrs. Luarca de Umana requested an eight year jail term to be enforced with immediate effect. According to In Guatemala, the law allows for a daily fine to be paid in lieu of a prison sentence. However, this does not apply to sentences of more than five years. In addition, Mrs. Luarca de Umana requires $ 125.000 in damages and Mr. Harris’s immediate deportation as soon as his term has been served.

 

Mr. Harris is recognized internationally for his work for the street children of Guatemala. These children often suffer intimidation and harassment by the same Guatemalan authorities that are supposed to protect them. His organisation Casa Alianza and other human rights agencies have also documented numerous instances of street children being killed my Guatemalan police. Mr. Harris has successfully prosecuted the State of Guatemala in international courts for the torture and murder of street children. Some years back, he visited Norway to receive an international prize for his work. During his visit, he had meetings with the Norwegian Ministry of Foreign Affairs and also members of the Standing Committee for Foreign Affairs of the Norwegian Parliament.

 

On the 21st of January, Amnesty International issued a public statement expressing concern for Mr. Harris’s case. The statement is available at www.amnesty.org. The same day, Human Rights Watch also released an appeal for Mr. Harris to walk free on the grounds that the case against him violates his right to freedom of expression. This appeal is available at www.hrw.org. Mary Robinson, former UN High Commissioner for Human Rights, has also sent a letter to you expressing concern over the narrow interpretation of freedom of expression currently exercised by Guatemalan authorities. Without freedom of speech, she states, there will be no democracy. HRH unreservedly subscribes to this view. HRH shares Amnesty International’s, Human Rights Watch’s and Mary Robinson of the UN High Commissioner for Human Rights’ concern that the Guatemalan justice system will use this defamation case to punish Mr. Harris for his years of being a thorn in the side for the authorities of Guatemala. There is also a huge security risk involved, since, if Mr. Harris is convicted, he will most probably be jailed in the same prison as a score of policemen he himself has put there for murder.

 

On these grounds, Human Rights House Foundation (www.humanrightshouse.org) urges you to take immediate action by way of communicating the deep concern of both governmental and non-governmental human rights defenders world-wide to the court and jury of Mr. Harris’s case or through any other mechanism you find appropriate. Mr. Harris has made it clear that he is prepared to defend himself in court, but that this should happen in the Printers´ Tribunal, NOT a criminal court. Your first action, therefore, may be to support his request for this to happen.

 

Finally, Human Rights House Foundation thanks you for your attention and asks to be kept informed of any developments in Mr. Harris’s case.

                                              

 

Sincerely,

 

 

 

Maria Dahle     

Executive Director