VZCZCXYZ0001
RR RUEHWEB

DE RUEHGT #0296 0471640
ZNR UUUUU ZZH
R 161637Z FEB 10
FM AMEMBASSY GUATEMALA
TO RUEHC/SECSTATE WASHDC 1033
INFO RUEHGT/AMEMBASSY GUATEMALA

UNCLAS GUATEMALA 000296 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL GT
SUBJECT: Conviction of Publisher Raul Figueroa Overturned 
 
REF: 09 GUATEMALA 778 
 
¶1. (U) Summary:  On February 5, the Second Court of Penal Appeals 
annulled a lower court conviction of Guatemalan publisher Raul 
Figueroa Sarti on charges of copyright infringement.  Figueroa's 
conviction six months earlier by the Seventh Penal Court had 
generated substantial interest in the Washington-based human rights 
community and in the U.S. Congress because of its possible human 
rights-related overtones:  Figureroa and his AmCit wife, Dr. 
Victoria Stanford, had argued that the lower's  court's decision 
had been politically motivated because his work as a journalist and 
publisher has focused on exposing abuses by Guatemala's military 
governments and other sensitive human rights topics (REF). 
Following his acquittal, Figueroa expressed his deep appreciation 
to the Ambassador for the Embassy's role in attending the appeals 
court hearings.  End Summary. 
 
 
 
¶2. (U) The original case was brought to trial after photographer 
Mardo Escobar sued Figueroa for failing to pay verbally agreed 
royalties for the use of one of Escobar's photos on the cover of a 
book Figueroa published in 2006 entitled "Any Way to Die," by 
Rafael Menjivar.  After Figueroa reportedly turned down an offer by 
Escobar to settle out of court, a first instance penal court 
convicted Figueroa on August 6, 2008, sentencing him to one year 
imprisonment for intellectual property rights infringement and a 
fifty thousand quetzales fine (approximately six thousand USD). 
Figueroa immediately appealed the decision and was released on bail 
but was barred by the court from leaving the country in the 
meantime. 
 
 
 
¶3. (U) In a subsequent letter signed by over 1,500 supporters, the 
U.S.-based NGO "Human Rights First" urged Guatemala Attorney 
General Amilcar Velasquez to support overturning Figueroa's 
conviction, which it described as "baseless."  The letter also 
noted that Figueroa "has published dozens of groundbreaking human 
rights texts, including the final report of the UN-backed truth 
commission which investigated Guatemala's internal armed conflict 
and concluded that genocide had occurred."  The Embassy received 
similar letters regarding the case from Guatemalan-based human 
rights NGOs as well as letters from Figueroa's AmCit wife, Dr. 
Victoria Stanford, and U.S. Congressman James P. McGovern of 
Massachusetts.  The Ambassador urged the Attorney General to ensure 
that his prosecutors were not exceeding their prosecutorial duties 
in this case. 
 
 
 
¶4. (U) At his January 27 appeals court hearing attended by post's 
human rights officer, Figueroa argued that he had never broken the 
law and that the decision of the first instance court was based on 
false testimony.   He also claimed that he never caused the 
plaintiff, Mardo Escobar, any damage; that on the contrary, 
publishing his photo on the book cover had benefited him.  He 
admitted he should have had a written contract to use the photo, 
but told the tribunal he had not bothered to do so since his 
business relationship with Escobar had been built on trust.  He 
accused the prosecutor of failing to fully investigate the facts of 
the case, and criticized the Attorney General's office for having 
wasted its time and energy on this case when nearly 6,500 
Guatemalans, a record number, had been murdered in 2009.  He 
summarized the case as "absurd, unjust, and illegitimate." 
 
 
 
¶5. (U) Following the January 27 hearing, the appeals court 
adjourned to consider the testimony.  The tribunal reconvened on 
February 5 when it announced its decision absolving Figueroa of all 
charges and lifting his travel restrictions.  Figueroa was 
delighted with the verdict, asserting in front of assembled 
television and print media afterwards that he was extremely 
satisfied with the court's decision.  While justice had been 
served, he claimed that he and his family had suffered greatly as a 
result of the false charges that had been brought against him. 
Outside the courtroom afterwards, Figueroa asked human rights 
officer to convey his deep appreciation to the Ambassador and the 
Embassy for having taken an interest in his case and for having 
attended the appeals proceedings.  He also acknowledged that while 
the Attorney General Office's has the right to appeal the decision 
to the Supreme Court, he thinks it is very unlikely that this will 
occur. 
MCFARLAND